State v. Madera

• Decision Date: 14 February 1989
• Docket Number: No. 13198,13198
• Citation: 210 Conn. 22,554 A.2d 263
• Court: Connecticut Supreme Court
• Parties: STATE of Connecticut v. Israel MADERA.

Page 263

554 A.2d 263

210 Conn. 22

STATE of Connecticut v. Israel MADERA.

No. 13198.

Supreme Court of Connecticut.

Argued Nov. 3, 1988.

Decided Feb. 14, 1989.

John F. Murphy, Jr., with whom was Raymond T. DeMeo, Hartford, for appellant (defendant).

Carolyn K. Longstreth, Deputy Asst. State's Atty., with whom, on the brief, was Julia DiCocco Dewey, Asst. State's Atty., for appellee (State).

Before ARTHUR H. HEALEY, SHEA, CALLAHAN, COVELLO and HULL, JJ.

ARTHUR H. HEALEY, Justice.

The defendant, Israel Madera, also known as Israel Flores, was found guilty by a jury of fourteen counts of the crime of arson murder in violation of General Statutes § 53a-54d. ¹ Those crimes arose out of the deaths of fourteen persons in a fire in an apartment building in Waterbury on July 5, 1982. The defendant has appealed from these convictions.

On appeal, the sole issue raised by the defendant is whether his confession of July 5, 1982, was obtained involuntarily and without a valid waiver of his Miranda ² rights in violation of the fourteenth amendment ³ to the United States constitution and article first, § 8, of the constitution of Connecticut. ⁴ The defendant's confession was a typewritten statement signed by him that the trial court, Glass, J., refused to suppress after a hearing that extended over six days and at which sixteen witnesses testified. ⁵ This confession was later introduced at the defendant's trial, at which he did not testify.

Prior to our discussion of any of the evidence developed at the suppression hearing, we point out that the trial court, Glass, J., at the outset, indicated that a Spanish-speaking official court interpreter was present and available to assist the defendant by translating English to Spanish and Spanish to English. The defendant's counsel, however, specifically informed the court that he wished to question Madera without the use of the interpreter. In making this request, he said that he did so because it was "essential to the issue here that the court get an idea of [the defendant's] ability to understand English." ⁶ Our examination of the record discloses, as the trial court found, that this defendant understood his attorney's request. The court at that time also cautioned the defendant that if any statements were made that he did not understand, he was to inform the court so that the interpreter could be used. ⁷ Moreover, a number of times during the suppression hearing the court noted that the interpreter was present and available.

Certain general background circumstances from the record concerning Madera's written statement are appropriately set out at this juncture and will be expanded upon later as necessary. At about 2:10 a.m., on July, 1982, James Deeley, a detective of the Waterbury police department, arrived at the scene of the fatal fire at 45-47 Prospect Street. After his arrival, he learned from Officer Michael DiMaria, who was already there, that DiMaria had a suspect in his patrol car. Deeley also spoke to Lydia Madera, the defendant's niece, Roberto Ramos and John Wrogg at the fire scene. He then entered the patrol car where the defendant was sitting and advised him of his Miranda rights in English, which the defendant stated in English that he understood. On the basis of what he had already ascertained, Deeley then told the defendant that he was accused of setting fire to a couch in Lydia Madera's apartment that was in the building on fire. ⁸ The defendant denied this accusation and said that someone named Jose had set fire to the couch. Deeley questioned the defendant no further at that time. Deeley said that although he detected the odor of alcohol on the defendant's breath, he did not appear to be drunk, his speech was not slurred and he walked without difficulty. He arrested the defendant and went with him to the police station where he turned him over to Officer Joseph Flaherty for booking. This transfer took place about 3 a.m.

Deeley, in the presence of Sergeant Cass, then spoke to the defendant again about 6:15 a.m. on the same morning, first advising him again of his Miranda rights in English. The defendant said that he understood these rights. Deeley again inquired concerning his setting fire to the couch. Madera emphatically denied that he had set any fire. This conversation between Deeley and Madera was in English and lasted, said Deeley, "just a few minutes."

Shortly thereafter, at about 6:30 a.m., while Flaherty was in the cell block, Madera told Flaherty that he was going to be sick. As Flaherty came to aid him, the defendant, according to Flaherty, fell to the floor of his cell, became rigid, his eyes began to roll around and he began to shake. An ambulance was called. The defendant, in handcuffs, walked to the ambulance and was admitted to the emergency room of St. Mary's Hospital in Waterbury at 6:50 a.m. The examining physician, Dr. Gerardo Querijero, found his vital signs and reflexes normal. Although the doctor did detect the odor of alcohol on his breath, Madera was not drunk or intoxicated. Finding him in good physical condition and devoid of any grand mal seizure symptoms, the examining doctor's diagnosis was "anxiety reaction." Madera was discharged at 7:51 a.m. and was returned to his police cell.

Subsequently, the defendant was further questioned by Lieutenant Anthony Solomita of the Waterbury police department on three occasions on July 5, 1982. The first such occasion was about 9 a.m. when Solomita, with Sergeant Charles Messina present, questioned Madera. Before doing so, Solomita advised him in English of his Miranda rights from a blue rights card used by the Waterbury police. He explained each right in English and the defendant answered "yes" when asked each time if he understood that particular right. The defendant, however, testified at the suppression hearing that he was not advised of his rights by Solomita. This conversation at approximately 9 a.m. was entirely in English. Solomita said that he talked to Madera for "about five minutes," and upon inquiry as to whether he started the fire, the defendant repeatedly responded by saying "the other guy did it." Madera was then returned to his cell.

About 10:15 a.m., Madera was brought to the interrogation room by Solomita, who, prior to any questioning, again advised him of his Miranda rights from the blue rights card. Again, during his testimony at the suppression hearing, the defendant emphatically denied that he had been advised of his rights at this time. The defendant testified that he was asked by Solomita if he "make" the fire and whether he had used gas in doing so. He denied making any fire. At this interview, all of the defendant's clothes were taken from him to be examined for evidence of any combustible material. His clothing was replaced by clothing and sandals obtained from St. Mary's Hospital. Thereafter, he was returned to his cell where he remained until about 8:05 p.m. that night. During the day, Madera was monitored by a television camera focused exclusively on his cell. During that time, the defendant sat on his bed or slept most of the day. He was provided with food at noon and also between 5 and 7 p.m.

About 8:05 p.m., on July 5, 1982, Solomita again had the defendant brought to the interrogation room. Assistant State's Attorney John Connelly was there. Lieutenant Valentine Bochicchio was in and out of the room while the defendant was there. Solomita again read the defendant his rights from the blue card in English and the defendant told him that he understood them. He also told Solomita that he did not read or write. Madera then waived those rights and gave an oral statement in English. During the narration of that statement, while being asked what he had used to start the fire, Madera had trouble, in designating the material he lit to start the fire outside Lydia's apartment, with the appropriate word for that as to whether he was describing a book, magazine, newspaper or periodical. After the defendant gave an oral statement, Solomita asked him if he would give it in writing. The defendant nodded his head affirmatively and said, "yes."

After the defendant's narration in English about his actions with reference to the fire and his difficulty in describing precisely in English what was used to start the fire, Solomita and Connelly decided to get a Spanish interpreter before proceeding to take a written statement from him. Being unsuccessful in locating an official court interpreter, Bochicchio sent for Officer Hiram Diaz, a Waterbury policeman who spoke Spanish, to come and assist in this matter. Diaz, as well as other Spanish-speaking Waterbury policemen, were often used when there were communication problems with Spanish-speaking persons at the Waterbury police department.

After Diaz arrived, Solomita said Madera wanted to talk and Diaz asked him if this were so. Madera told Diaz, "yes, he wanted to get it off his chest." Solomita read to Madera in English his Miranda rights that are printed at the top of the "Voluntary Statement" form ⁹ that was used by the Waterbury police department and on which Madera's confession was thereafter typewritten and signed by him. As Solomita read each right, he explained each one and, upon inquiring of the defendant concerning each right, received an affirmative response that he understood each of these rights. Diaz then repeated in Spanish what Solomita had read and explained in English to Madera. Diaz then read and explained again to Madera his rights using a copy of a card used by the Waterbury police department that is in Spanish and contains the Miranda warnings. As requested by Solomita, Madera placed his initials in the box space after each printed enumerated Miranda right on the "Voluntary Statement" form. In addition, Madera signed his name on the back of the blue rights card as well, putting the date "7-5-82" and the time "8:27 p.m." on the back of that card. The defendant, at the suppression...