State v. Gordon
| Decision Date | 23 June 1978 |
| Parties | STATE of Maine v. Dannie Marsh GORDON. |
| Court | Maine Supreme Court |
David M. Cox, Dist. Atty., Stephen J. Burlock (orally), Asst. Dist. Atty., Bangor, Michael P. Pagnozzi, Law Student, for plaintiff.
Logan & Kurr by John F. Logan (orally), Bangor, for defendant.
Before DuFRESNE, C. J., and WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.
Appellant Gordon was found guilty of breaking, entering and larceny under former section 2103 of title 17 of the Revised Statutes. The sole issue on appeal is whether the presiding justice erred in admitting into evidence incriminating statements made by appellant to the police while being interrogated at the District Attorney's office. The parties agree that appellant was undergoing a custodial interrogation, that Miranda rights were read to him, and that he indicated he wished to speak without consulting an attorney. The basis of appellant's motion to suppress was his assertion that he had been under the influence of drugs at the time of interrogation and therefore had not voluntarily waived his rights. After hearing, the trial court denied the motion and appellant's statement was admitted at trial. Appellant now asserts that the court erred in denying the motion.
Under State v. Collins, Me., 297 A.2d 620 (1972), the State bears the burden of proving beyond a reasonable doubt that the defendant's waiver was knowing and voluntary. Accordingly, on appeal this court must determine whether, on the basis of the evidence at the hearing, the trial court could have found beyond a reasonable doubt that appellant knowingly and voluntarily waived his Miranda rights. State v. Hazelton, Me., 330 A.2d 919 (1975).
The fact that an interrogated person is under the influence of drugs does not by itself render the confession involuntary. See State v. Warner, Me., 237 A.2d 150, 160 (1967). The question to be determined by the trial court is whether under the circumstances the appellant's conduct amounted to an "intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), cited in Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
The testimony at the suppression hearing supports the finding that the statement was preceded by a knowing and voluntary waiver. The evidence showed that the appellant was arrested for breaking, entering, and larceny and taken to the district attorney's office in Bangor. While there, he was advised of his Miranda rights. He said he understood his rights and expressed his willingness to talk to the police without consulting an attorney. After five or ten minutes of questioning he gave a statement in narrative form that was recorded on tape.
State Police Trooper Kelly testified that the appellant, whom he had met on previous occasions, appeared normal and that he was coherent, had a good memory, and...
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