People v. Baptiste
| Decision Date | 14 April 2007 |
| Docket Number | Indictment No. 07-1077 |
| Citation | 2007 NY Slip Op 34579 (U) |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK v. CARLOS JEAN BAPTISTE, LLOYD BRAHAM, WARREN DAVIS and ANDREW CREWE Defendants. |
| Court | New York County Court |
DECISION
The defendants in this case are charged under Westchester County Indictment No. 07-1077 with various counts of Murder in the Second Degree, Robbery in the First Degree, Burglary in the First Degree, and Criminal Possession of a Weapon in the Second Degree. Defendant Baptiste was also indicted for the crime of Murder in the First Degree for having shot and killed Neville Brett during the course of a robbery at his apartment on June 29, 2007, in Mt. Vernon.
Each defendant made a statement to the detectives assigned to the case implicating, to various degrees, the other defendants. All defendants move to suppress their statements on the grounds that they were elicited in derogation of Miranda requirements and/or the fruit of illegal police conduct. Braham also contends that the police arrested him in violation of Payton v. New York, 445 U.S. 573 (1980) and its progeny.
At the suppression hearing, the People called five detectives from the Mt. Vernon police department who handled the investigation. Defendants Davis and Braham testified on their own behalf, and Defendant Davis called an additional witness, Krystal Braham. Based on the testimony adduced at the hearing, the Court makes the following findings of fact and conclusions of law.
The testimony of Detective George Ossipo established that on or about July 25, 2007, he interviewed Krystal Braham as part of his investigation into the death of Neville Brett. Ms. Braham came to police headquarters with her mother at approximately 1:00 a.m. Ms. Braham revealed that Warren Davis, the father of her child, confided in her that Braham, Baptiste, other individuals and he were involved in a gun-point robbery of a marijuana dealer who resided at 138 West 4th Street in Mt. Vernon. Ms. Braham further stated to the detective that Davis told her that they had entered the victim's apartment with the intention of stealing marijuana and cash, that one of the co-defendants shot and killed Neville Brett during the course of the robbery, and that all then fled the location. Davis told her that he was involved but had remained outside, and that he was not the shooter.1
Detective Ossipo's testimony further established that on July 26, 2007 at approximately 7:08 p.m., he and Detective Anthony Mitchell observed Davis walking southbound in the vicinity of 64 West 4th Street in Mt. Vernon and took him into custody for questioning. He was transported to the Mt. Vernon Police Department headquarters, where he was placed in an interview room.
At approximately 7:37 p.m., Detective Ossipo read Davis his Miranda warnings from a pre-printed form.2 Detective Mitchell was also present in the room. Davis indicated that he understood each right, signed the Miranda form, and checked off two boxes indicating that he understood the rights printed on the form and was willing to speak to the detectives.
At the time that Davis was advised of his Miranda warnings and subsequently interviewed, he was seated at the end of a table and handcuffed to a post in the room. Davis was interviewed at length, and made a full confession, implicating himself and the co-defendants in the crime. During the interview, Detective Ossipo showed Davis a photograph of Carlos Jean Baptiste and Lloyd Braham. Davis identified them as participants in the crime and informed the detectives of their respective roles.
This portion of the interview lasted approximately three hours and twenty minutes. Immediately thereafter, at approximately 10:57 p.m., Detective Ossipo decided to videotape the defendant's statement using a video/audio camera that was concealed in the room. He briefly left the room to activate the camera. After doing so, Detective Ossipo returned and re-read Davis the Miranda warnings from a pre-printed form. Davis again indicated he understood each right and was willing to continue speaking to the detectives. Davis never indicated that he wanted to speak to a lawyer. Detective Ossipo never informed Davis that his statements were being recorded, and it does not appear from the record that Davis knew that he was being taped.The taped interview concluded at approximately 11:30 p.m. on July 26, 2007, at which time Davis was taken from the room, booked, and placed in a cell in another part of the building.3
Based upon the statements obtained from Davis, as well as the information previously provided by Krystal Braham, defendant Carlos Jean Baptiste was taken into custody on July 27, 2007, at approximately 6:45 p.m. He was transported to the Mt. Vernon Police Department headquarters, where he was placed in the same room where Davis had been interviewed the previous day. At approximately 7:08 p.m., Detective Ossipo read Baptiste his Miranda warnings from a pre-printed form. Detective Mitchell was present in the room. Baptiste indicated that he understood each right, signed the Miranda form, and checked off two boxes indicating that he understood the rights printed on that form and was willing to speak to the detectives.
At the time that Baptiste was advised of his Miranda warnings and subsequently interviewed, he, like Davis, was seated at the end of a table and handcuffed to a post in the room. For a period of time, he denied any involvement in the crime. However, Detective Ossipo told Baptiste that Davis had already been arrested and was present in the building. Baptiste expressed disbelief, and Detective Ossipo asked Baptiste if he would tell the truth if he saw Davis. At approximately 10:15 p.m., detectives brought Davis to the room where Baptiste was being held. Davis and Baptiste spoke to each other in a Jamaican accent that Detective Ossipo could not fully understand. Baptiste then requested a special cigar, which the police bought and gave to him. At approximately 10:50 p.m., Baptiste told Detective Ossipo that he was the triggerman and made a full confession. At approximately 11:40 p.m., Detective Ossipo decidedto videotape Baptiste's statement. He re-issued the Miranda warnings, and Baptiste made another statement-unbeknownst to him-on videotape. He was then placed in a holding cell.
Detective Ossipo further testified that on July 29, 2007 at approximately 6:45 p.m., Detectives Soreca and Baia took Lloyd Braham into custody in the vicinity of 64 West 4th Street in Mt. Vernon. Braham was transported to headquarters and placed in the conference room at approximately 7:00 p.m. At the time of his arrest, he had been with another person by the name of Christopher Wright. Detective Roberto Boncardo was also present in the room. Braham was advised of his rights by Detective Ossipo in the same fashion as the other defendants, using a standard Miranda form that Braham signed at 7:18 p.m. After Detective Ossipo told Braham that he had been identified in the criminal investigation, Braham made a detailed statement naming his accomplices and describing the guns that had been used. At 8:25 p.m., Braham repeated his statement on videotape. Like his co-defendants, Braham was never informed that he was being recorded, although Detective Mitchell told Ossipo that Braham thought that the room had a recording device, and later asked to speak to Detective Mitchell in another room because of that.
Detectives also attempted to locate Crewe, who had an outstanding federal warrant from the Eastern District of Pennsylvania. On August 16, 2007, at approximately 6:00 p.m., detectives took Crewe into custody after they saw him driving a green Lincoln Navigator in Mt. Vernon. Detective Ossipo was off duty at the time and arrived at police headquarters at approximately 8:30 p.m. Although Detective Boncardo had previously read Crewe his rightsand obtained Crewe's verbal agreement to cooperate, Crewe had refused to sign the Miranda form. Detective Boncardo did not question him, but instead awaited Ossipo's arrival.
Upon arrival, Detective Ossipo told Crewe that he would not speak with him unless he signed the form; Crewe complied by signing the form. After having informed Crewe that he was a suspect in the homicide, Crewe first denied involvement, but later made a full statement, implicating the co-defendants in the crime. The inculpatory statement was made at approximately 11:00 p.m. At 12:22 a.m. on the following date, Detective Ossipo, following the pattern of the prior interrogations, interviewed Crewe on videotape. As with the others, Crewe was not told he was being recorded.
Detective Enzo Baia testified that on July 29, 2007, at approximately 6:45 p.m., he was looking for Lloyd Braham along with Detective Soreca and Police Officer Stavace, based on the information that Detective Ossipo had developed. Detective Baia saw Braham through an open garage door of a residence at 64 West 4th Street. They approached the garage with their guns pointed at the ground, concealed behind their legs. The detectives never pointed their guns at Braham.
Braham was in the garage with a friend. Detective Soreca asked if he was Lloyd Braham, to which he replied yes. Braham exited the garage and the detectives took him into custody, advising him that he was a suspect in a homicide. He was placed into the interview room at police headquarters.
That same date, on July 29, 2007, Detective Baia also asked Christopher Wright to come to police headquarters. Wright appeared at the station and was asked if he knew Davis andBaptiste. Wright said yes. Detective Baia showed Wright a photograph of Davis and Baptiste and had Wright initial the photos and write their names, as he knew them, on the photographs.
Detective Anthony Mitchell testified that on July 27, 2007, he was in police headquarters when someone mentioned that Davis wanted to speak to...
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