State v. Goddard, 81-091
| Decision Date | 21 May 1982 |
| Docket Number | No. 81-091,81-091 |
| Parties | The STATE of New Hampshire v. Dennis GODDARD. |
| Court | New Hampshire Supreme Court |
Gregory H. Smith, Atty. Gen. (Paul Barbadoro, Concord, on the brief and orally), for the State.
Mahady, Johnson, Dunne, Hershenson & Scott, Norwich, Vt. (Peter H. Carter, Norwich, Vt., on the brief and orally), for defendant.
The defendant, Dennis Goddard, was indicted on two counts of arson and three counts of burglary. After a trial by jury, he was convicted on all five charges. The defendant appeals, claiming that the Trial Court (Johnson, J.) improperly denied his motion to suppress his confession. We agree, and therefore, reverse.
After two fires and three burglaries in Charlestown, New Hampshire, the police began an investigation, during which they received information concerning the defendant, a suspect in a Vermont arson case. The defendant was in custody at the Woodstock Correctional Center in Vermont. Before interviewing the defendant, the police officers gave the defendant his Miranda rights. See Miranda v. Arizona, 384 U.S. 436, 478-79, 86 S.Ct. 1602, 1629-30, 16 L.Ed.2d 694 (1966). The defendant refused to answer any questions. A short time later, however, the defendant changed his mind and called the police officers back. Again, the officers informed the defendant of his Miranda rights. After signing a form waiving his rights, the defendant confessed to all five crimes and provided the officers with the details. Before trial, the defendant sought to have the confession suppressed, but the trial court denied his request.
The defendant argues that he was incapable of making a voluntary confession or of voluntarily and knowingly waiving his Miranda rights because he was experiencing delirium tremens from withdrawal from alcohol and drugs. Testimony at the suppression hearing supported the defendant's assertion that he was suffering from delirium tremens, but there was conflicting testimony regarding whether the defendant was coherent and capable of voluntarily confessing or waiving his rights.
The testimony at the suppression hearing was as follows. One police officer testified that although the defendant seemed nervous, he was coherent. The other police officer testified that the defendant was visibly shaking, broke down into tears at several points during the interrogation, and that, in his opinion, the defendant was suffering delirium tremens. The officer stated, however, that the defendant was coherent. The officer claimed that towards the end of the interrogation, the defendant asked for medical attention.
The defendant testified that, prior to his admittance to the Woodstock Correctional Center, he had been drinking heavily and taking Valium. He then stated that he did not remember hearing or waiving his Miranda rights the day of interrogation. He claimed that, before the interrogation, the police officers promised medical assistance if he cooperated with them. Finally, he stated that he was not in "good shape" during interrogation or for "four days after that."
The defendant's counsel also produced the testimony of a physician's assistant, who examined the defendant a short time after the interrogation. He stated that, at that time, the defendant was suffering from delirium tremens and was "extremely depressed, very anxious and afraid." Additionally, he believed that the defendant...
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