455 N.W.2d 401 (Mich.App. 1990), 124900, People v. DeLisle

Docket Nº:Docket No. 124900.
Citation:455 N.W.2d 401, 183 Mich.App. 713
Opinion Judge:PER CURIAM.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Lawrence John DeLISLE, Defendant-Appellee.
Attorney:[183 Mich.App. 714] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of Research, Training and Appeals, and Jeffrey Caminsky, Asst. Pros. Atty., for the People. Frank D. Eaman, Detroit, for defendant-appellee.
Judge Panel:Before DANHOF, C.J., and CYNAR and SHEPHERD, JJ.
Case Date:May 08, 1990
Court:Court of Appeals of Michigan
 
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Page 401

455 N.W.2d 401 (Mich.App. 1990)

183 Mich.App. 713

PEOPLE of the State of Michigan, Plaintiff-Appellant,

v.

Lawrence John DeLISLE, Defendant-Appellee.

Docket No. 124900.

Court of Appeals of Michigan.

May 8, 1990

Submitted March 12, 1990.

Released for Publication June 1, 1990.

[183 Mich.App. 714] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of Research, Training and Appeals, and Jeffrey Caminsky, Asst. Pros. Atty., for the People.

Page 402

Frank D. Eaman, Detroit, for defendant-appellee.

Before DANHOF, C.J., and CYNAR and SHEPHERD, JJ.

PER CURIAM.

The people appeal by leave granted from the December 21, 1989, order of Detroit Recorder's Court Judge Robert J. Colombo, Jr., which granted defendant's motion to suppress a statement made to the Wyandotte police on the night of August 10-11, 1989. After reviewing the record made below, we are not left with a definite and firm conviction that a mistake was made and accordingly affirm.

[183 Mich.App. 715]

I

On August 3, 1989, defendant was driving the family car when it plunged into the Detroit River. Although defendant and his wife managed to escape, their four minor children all drowned. Defendant stated at the time that the event was an accident, caused when defendant developed a leg cramp as he drove the car toward the river in order to give the children a scenic view. Defendant claimed that the leg cramp made it impossible for him to remove his foot from the accelerator and apply the brake.

Sergeant Galeski of the Wyandotte police contacted defendant on August 9, 1989, and invited him to take a polygraph test the next day. Defendant agreed, and on August 10 he and his wife were picked up between 7:00 and 7:30 a.m. and taken in separate police cars to a Michigan State Police facility in Lansing. When they arrived in Lansing, defendant was separated from his wife and placed in a small room with a polygraph machine. The examiner, Sergeant Palmatier of the Michigan State Police, pretested defendant, gave him Miranda 1 warnings, and then began the polygraph examination at approximately 10:14 a.m. The examination continued until 12:55 p.m., followed by a lunch break during which defendant was reunited with his wife. Defendant returned to the examination room at approximately 1:43 p.m. and was interrogated by Sergeant Palmatier until approximately 5:30 p.m. Sergeant Galeski then replaced Sergeant Palmatier, asked defendant a few questions, and placed him under arrest at approximately 6:08 p.m. Defendant was then transported to the Wyandotte police station, arriving at [183 Mich.App. 716] approximately 7:30 p.m. Defendant's wife presumably was taken home separately.

After his arrival at the Wyandotte police station, defendant was fingerprinted and placed in a cell from approximately 7:30 p.m. until 10:45 p.m. At that time defendant was removed from his cell and taken to a small office where he was interrogated by Sergeant Galeski, who readvised defendant of his Miranda rights prior to beginning the interrogation. During the course of the interrogation, defendant made statements which purportedly constitute a confession that he intentionally drove the family car into the river. The interrogation lasted until approximately 1:00 a.m.

On August 11, 1989, defendant was arraigned on four counts of first-degree murder and one count of attempted...

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