State v. Breznick, 188-75

• Decision Date: 06 April 1976
• Docket Number: No. 188-75,188-75
• Citation: 356 A.2d 540,134 Vt. 261
• Parties: STATE of Vermont v. William BREZNICK.
• Court: Vermont Supreme Court

Page 540

356 A.2d 540

134 Vt. 261

STATE of Vermont v. William BREZNICK.

No. 188-75.

Supreme Court of Vermont.

April 6, 1976.

John S. Liccardi, Rutland County State's Atty., and Stephen Alan Dardeck, Deputy State's Atty., Rutland, for plaintiff.

Robert E. West, Defender Gen., and Robert M. Paolini, Deputy Defender Gen., Montpelier, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.

BILLINGS, Justice.

This matter comes before the Court pursuant to defendant's appeal from a court trial resulting in his conviction under 13 V.S.A. § 3701(c), which dictates that:

(a) person who, having no right to do so or any reasonable ground to believe that he has such a right, intentionally does any damage to property of any value not exceeding $250.00 (shall be fined, imprisoned or both).

Defendant's grounds for appeal present the Court with two central issues for resolution. First, defendant maintains that he did not knowingly and voluntarily waive his Fifth Amendment rights against self-incrimination and that, as a result, his confession was improperly admitted into evidence. Secondly, defendant contends that the State failed to prove all the necessary elements of the offense as contained in the criminal information. More specifically, defendant claims that the prosecution failed to meet its burden of proving beyond a reasonable doubt the date of the offense, the ownership of the tires, and the value of the property damaged.

The essential facts are not in issue. On 24 November 1973 State Trooper E. Lucas responded to a complaint filed by one Sandra Breznick, defendant's estranged wife, who claimed that 'someone had slashed the four tires on her 1969 Plymouth Station Wagon'. That evening Lucas located the defendant at his residence, and upon explaining the nature of his investigation, was invited into the house where he observed several hunting knives on a kitchen counter.

At the time, defendant voluntarily agreed to accompany Lucas to police headquarters for further questioning with respect to the matter under investigation. He was not under arrest. While traveling to police headquarters, and prior to any interrogation, defendant was advised of his rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Defendant stated that he understood his rights and that he 'didn't need a lawyer.'

Upon arriving at police headquarters, defendant was again given his Miranda warnings and was offered a waiver of rights form which he declined to sign. Nevertheless, defendant voluntarily spoke with Lucas regarding the incident. Defendant was questioned by Lucas for approximately forty-five minutes, during which time he confessed that he had in fact slashed his wife's tires. However, when Lucas tried to secure a written confession from the defendant, he refused to sign it.

Defendant's first ground for appeal is predicated upon the contention that defendant's refusal to sign the waiver of rights form or the written confession effectively negates any knowing and voluntary waiver of his Fifth Amendment rights which might be implied by his oral waiver and confession. In short, defendant would have this Court rule that any custodial interrogation resulting in a confession must be corroborated by a statement or waiver of rights form signed by defendant in order for such confession to be admissible at trial. We cannot agree.

Custodial interrogation resulting in a confession violates the constitutional privilege against self-incrimination secured by the Fifth and Fourteenth Amendments of the United States Constitution unless the prosecution clearly demonstrates that the defendant has received the safeguards required by Miranda v. Arizona, supra, prior to interrogation and that he has knowingly and voluntarily waived his rights thereunder. The Miranda rule, accordingly, excludes all confessions flowing from custodial interrogation unless adequate warnings are administered and a waiver is obtained.

However, it is not necessary that a waiver of rights form or written confession be signed in order for the prosecution to sustain its burden of proof that a defendant properly waived his Fifth Amendment rights. A Miranda waiver may be implied where warranted from the facts and circumstances of a particular case:

Miranda v. Arizona requires only that the waiver of rights be made voluntarily, knowingly, and intelligently, and not that it be made in writing. (citation omitted; emphasis added).

United States v. Speaks, 453 F.2d 966, 969 (1st Cir.), cert. denied, 405 U.S. 1071, 92 S.Ct. 1522, 31 L.Ed.2d 804 (1972). See also United States v. Johnson, 474 F.2d 6 (9th Cir. 1973).

A defendant's refusal to sign either a waiver of rights form or a written confession is merely another of the facts and circumstances which must be weighed in order to determine if there has been a voluntary waiver of Fifth Amendment rights.

It is the task of the trial court as finder of fact to determine by a preponderance of the evidence if the defendant has knowingly and intelligently waived his ...