State v. Richardson

• Decision Date: 02 February 2017
• Docket Number: CUMCD-CR-16-6527
• Citation: State v. Richardson, CUMCD-CR-16-6527 (Me. Super. Feb 02, 2017)
• Parties: STATE OF MAINE v. CLIFFORD RICHARDSON
• Court: Maine Superior Court

STATE OF MAINE v. CLIFFORD RICHARDSON

No. CUMCD-CR-16-6527

Superior Court of Maine, Cumberland

February 2, 2017

DEVENS M. HAMLEN, ESQ. ATTORNEY FOR THE DEFENDANT

MOTION TO SUPPRESS

NOW COMESDefendant, Mr. Clifford Richardson, by and through counselDevens M. Hamlen of The H&H LawCenter and requests that this Honorable Court suppress any statements Mr. Richardson made during the custodial interrogation in Officer Phillip Jones's cruiser as well as at the Bridgton Police Department because those statements were obtained in violation of Mr. Morse's rights under Article 1, Sections 6and6-A of the Maine State Constitution and Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.

As grounds for this Motion, Mr. Richardson respectfully states:

FACTS

1.The State had charged Mr. Morse with one Class B Felony of Unlawful Sexual Contact and one Class D Misdemeanor of Unlawful Sexual Touching.

2.According to discovery provided by the State, the following events, relative to this Motion, happened between October 1 and October 31, 2016:

3.On October 31, 2016, Officer Phillip Jones went to the Richardson's house to talk to Richardson's about allegations made by K.D. Officer Jones told Mr. Richardson that he was not under arrest and they agreed to talk inside Mr. Richardson's home.Mrs. Richardson along with the Richardson's daughter and grandchildren were present in the home.There were also a number of the Richardson's dogs in the house.

4.Officer Jones explained that he was "used" to people being nervous and that, due to "distractions" is was sometimes "easier" to talk alone with individuals.Officer Jones asked to talk to Mr. Richardson outside and alone.

5.Once outside, Officer Jones asked Mr. Richardson why he thought the police were at the house.Mr. Richardson explained that he had received some text message regarding K.D.s allegations; he emphatically denied having any sexual contact with K.D.

6.Officer Jones indicated in his police report that at that point, he offered to talk to Mr. Richardson in his cruiser because it started to rain.He also reports that he again told Mr. Richardson that he was not under arrest.

7.However, the recorded interview does not comport with this report.In the recording, Mr. Richardson again emphasized that he felt very nervous.More specifically, as Mr Richardson is explaining the Richardson's relationship with K.D. he states:

Mr. Richardson: From what I understand, she's had a pretty rough time at home with neglect. . . not. . . (eh) don't get me wrong . . . she's not. . . not in a way that she's in harm.

Officer Jones: Right. . .

Mr. Richardson: I mean . . . What I ... I'm sorry I'm so nervous

Officer Jones: Have a seat. . .come over here . . . you're not in trouble but let's just sit and relax a little bit.

At that point, Mr. Richardson and Officer Jones got into the police cruiser.

8.Officer Jones begins by asking about the babysitting arrangements with K.D., how often she was over at the house, and how the Richardson's viewed and treated K.D.Mr. Richardson explained that he and his wife basically treated K.D. as a their own grandchild and treated her with love because they felt as if she was not getting loved at home.

9.As the interview goes on, Officer Jones talked about people being nervous when he interviews them.About a third of the way through the interview, Mr. Richardson tells Officer Jones that he is "scared to death."Officer Jones tells Mr. Richardson that if he did nothing wrong, "there is nothing to worry about."

10.Officer Jones explained to Mr. Richardson that there was a forensic interview with K.D.He goes on to say that some of K.D.s clothes were analyzed (it is unclear by who) for mitochondrial DNA.He explained that skin cells go everywhere.

11.He then touched the dashboard of his cruiser and suggested that his (Officer Jones's) DNA was now on the dashboard.Officer Jones goes on to explain how the State, forensically, can find someone's DNA on clothing, outside of underpants or even inside underpants.He concludes this part of the interview by telling Mr. Richardson that he had reviewed all of the reports before he came to his house.As it turns out, the State never tested K.D.'s clothing for DNA nor were there any reports regarding DNA.

12.Officer Jones then explains how important it was for Mr. Richardson to tell the truth and that he knew most of the answers to the questions he was asking; he also explains that he saw some inconsistencies between his investigation and what Mr. Richardson was saying.Mr. Richardson continued to deny that any sexual contact had occurred.

13.Towards the end of the interview, Officer Jones states that Mr. Richardson's denials were getting harder to believe.The interview goes on as follows:

Mr. Richardson: So, I'm going to jail

Officer Jones: No, I didn't say that...If I thought that you needed to go to jail right now, I'd grab my handcuffs, put them on you, and we'd drive to jail.

14.Officer Jones then explains that he wanted to get to the truth and wanted an open an honest conversation and once that happens "we can think about our options."He tells Mr. Richardson that the "lie is worst part."Mr. Richardson again denies doing anything to K.D.

15.They then discuss K.D. wearing a dress the last time she was over at the house.Mr. Richardson explains at one point, K.D.'s dress accidentally went up and he pulled her dress down.He explains that any contact was inadvertent as he pulled her dress back down.They then have a discussion about pornography.Mr. Richardson emphatically denies showing any pornography to K.D.As Officer Jones continues to express disbelief in Mr. Richardson's statements, Mr. Richardson says, in resignation, "o.k., I'm sunk."

16.After some more strong denials, Officer Jones appears to change tactics.He explains to Mr. Richardson that, after interviews such as this one, people tend to go far away or are so depressed that they hurt themselves.Mr. Richardson responds that he has nothing to hide and that he has no intention of hurting himself.

17.Sensing that Officer Jones was referring to jailing Mr. Richardson, Mr. Richardson responds by saying, "but what you are" saying is that I am looking at jail time."The interview continues as follows:

Officer Jones: No, I'm not saying that.I'm saying that people that are gettin' (sic) investigated because of an allegation often times get very worried.

Mr. Richardson: I am ... I am worried like you wouldn't believe. . . I am scared to death.I've heard what happens to people who go to prison.

Officer Jones: But did you do anything wrong?

Mr. Richardson: No, I didn't.

Officer Jones: Then if you did nothing wrong, you have nothing to worry about.

Mr. Richardson: But you are telling me I did.

Officer Jones: I'm tell you that I have a very clear statement from a young lady that says there was misconduct.And I am telling you there is . . . there are levels of evidence that are being analyzed.And I am telling you that if there is any actual crime here, we are going to find that crime and we are going to find it out.And the person who committed that crime is going to be held accountable.

That will happen.

Now if that person who committed that crime is going to deny, deny, deny deny until the final say, that I don't know what the sentencing will be.Normally if someone is open and honest about whatever they have done then we seek to try to help that person with treatment.We seek to help that person in the best way we can to preserve quality of life.

My biggest question for you is have you been honest with me.If you have not been honest with me then you have something serious to worry about.If you have not been honest with me, now is the time to be honest with me.

People that lie to me investigatin' (sic). . . investigations like this I do lock up and throw away the key.That does happen.People that are open and honest, I try to make recommendations to the district attorney, I try to do everything I can to help that justice be served but assist quality of life.

I'm not making any promises but I am saying if you lie to me Cliff, if you lie to me, we will find out and we do take extreme sentencing measures when lying happens.

So, as long as you can sit here with me right now with your conscience clear that you have told me the truth.And if you have not, then now is the time, because when we step out of this car, I've taken your statement.

18.At that point, over an hour and 30 minutes into the interview and after multiple denials, Mr. Richardson admits to touching K.D.'s vagina one time.The police then arrested Mr. Richardson, brought him to the station, administered Miranda, and obtained a similar confession.^[1]

LEGAL ARGUMENT

A) Initial, Un-Mirandized Statements

19.Article I, Section 6 of the Maine Constitution as well as the 5^th Amendment of the United States Constitution guarantees that the State cannot compel an individual to incriminate themselves.Miranda v. Arizona, 384 U.S 436(1966);Missouri v. Seibert, 542 U.S. 600(2004);State v. Nightingale.2012 ME 132.Under Article 1, Section 6-A, the Maine Supreme Court(herein referred to as the Law Court) has held that the Maine Constitution provides greater protections than its federal counterpart, especially with respect to confessions and self-incrimination.SeeState v. Hunt, 2016 ME 172;State v. Collins, 297 A.2d 620, 626-627(Me I972)(rejecting the federal preponderance of evidence standard with respect to confessions and declaring that the Maine Constitution required that the State prove a confession voluntary beyond a reasonable doubt)).

20."In order for statements made prior to a Miranda warning to be admissible, the State must...