State v. Weiss

• Decision Date: 09 August 2006
• Docket Number: No. 4D04-3002.,4D04-3002.
• Parties: STATE of Florida, Appellant, v. Aimee Lee WEISS, Appellee.
• Court: Florida District Court of Appeals

935 So.2d 110

STATE of Florida, Appellant, v. Aimee Lee WEISS, Appellee.

No. 4D04-3002.

District Court of Appeal of Florida, Fourth District.

August 9, 2006.

COPYRIGHT MATERIAL OMITTED

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellant.

Ellis S. Rubin of the Law Offices of Ellis Rubin and Robert I. Barrar, Miami, for appellee.

TAYLOR, J.

The State of Florida appeals the trial court's order granting the defendant's motion to suppress admissions and statements. We affirm, concluding that the trial court correctly determined that the defendant was in custody and, thus, entitled to Miranda warnings. As the state concedes, the warnings were inadequate under Roberts v. State, 874 So.2d 1225 (Fla. 4th DCA 2004), rev. denied sub nom. State v. West, 892 So.2d 1014 (Fla.2005).

Following hearings held on the defendant's motion to suppress over a period of several months, the trial court issued a written order on February 24, 2003, summarizing the testimony at the hearings and making the following findings:

A. FINDING THE INFANT'S BODY: On April 3, 2001 the body of a dead infant was found in a canal near the defendant's home. The body was wrapped in plastic bags, with a pair of panties wrapped around its neck. There were ligature marks on the baby's neck. The body was found inside a backpack along with a ten pound weight. According to a witness, the backpack had been placed in the canal by a white female who fit the description of the defendant. The witness described the girl with a wet backpack as being up to her knees in the canal water. The name Julie Gardner was contained on the backpack, and the name Matthew Walpole was found on a towel inside the backpack. A book was also found at the canal bank, which belonged to one of the defendant's friends.

B. FINDINGS OF MEDICAL EXAMINER: On April 4th, 2001, an autopsy was conducted by the medical examiner's office, which revealed a full term baby boy with no evidence that the baby died of drowning. The ligature marks on the baby's neck was consistent with asphyxia. The medical examiner testified that prior to the defendant giving her taped statement, that no expert opinion could be rendered as to whether or not the child was born alive. In the defendant's subsequent statement, she stated that when she cut the umbilical cord that blood squirted out. She further stated that the color of the baby was pinkish. The medical examiner found that the death was consistent with homicide.

C. The Broward Sheriff's Detectives canvassed the area where the baby was found for a white female fitting the description described by the witness. This investigation led to an interview of the defendant's father, who stated that he had two daughters. The detectives interviewed the defendant, who stated that she had not been pregnant. On April 6, 2001, Detectives of the Broward Sheriff's Office obtained a statement of the defendant's friend, Julie Gardner, who identified the backpack as belonging to her, and who stated that she had loaned the backpack to the Defendant previous to April 3, 2001. A statement was also obtained from Matthew Walpole, who acknowledged that he was the defendant's boyfriend. He acknowledged that the defendant had been pregnant, and stated that the defendant had been taking drugs and alcohol in an attempt to abort the baby. Mr. Walpole told the police that the defendant was spending the night at the Welch residence.

D. On April 7, 2001, detectives obtained a search warrant for the defendant's home. Detective Bukata testified that he told the defendant's father that defendant was at the Public Safety Building being questioned about the dead infant. The defendant's father signed a "consent to search" form to search the residence. Weights were found in the home, which were similar to the weight found in the backpack. Similar panties were found at the residence, which matched the panties wrapped around the baby's neck.

Earlier on the same date, at around 7:00-7:30 A.M., Four Detectives went to the home of Mr. and Mrs. Welsh [sic], where the defendant and her sister were sleeping with Jennifer Welsh. The detectives asked the Defendant and her sister to "accompany" them to the Broward Sheriff's Office for questioning about the "baby case". The defendant was not told that she had a right to refuse to go with the detectives. The detectives transported the defendant and her sister to the Broward Sheriff's Office for questioning. The defendant was told that her father would be notified of her whereabouts.

E. DEFENDANT AT THE BROWARD SHERIFF'S OFFICE: There is a conflict in the witnesses' testimony, as to whether the defendant requested the presence of her father at the Broward Sheriff's Office prior to her interrogation. In her taped statement the defendant recounts that her father was contacted before the tape went on, and that she elected to give the statement before consulting with him. The defendant's sister remained in a waiting room, and the defendant was taken to a conference room where Detective Reed [sic] and Murray interviewed her. The detectives testified that the defendant had been told that her father had been contacted, but she stated she did not want him present during the interview. The defendant was told by the detectives that they knew she had a baby and that they wanted to talk to her about it. Coffee and Donuts were brought in. The defendant at this point had not been given her Miranda Rights, she was not told that she was free to leave; or that she did not have to talk to the detectives. She was advised that she was not under arrest.

The interview of the defendant lasted approximately three hours. Prior to the interview the detectives contacted the medical examiner, who instructed the detectives to find out if there was blood coming from the baby's umbilical cord subsequent to his birth, and to find out the color of the baby's skin at birth. The taped statement of the defendant started at 12:30 P.M. Detective Reed testified that Detective Carmody advised the defendant of her Miranda rights at 9:30 A.M., from a Broward Sheriff's form, which the defendant signed. This form was received into evidence as Exhibit 7. The detectives stated that the defendant never requested an attorney, or to have her father present during the interview. The initial conversation that the defendant had was not recorded. The taped conversation took 39 minutes.

The defendant was shown a picture of the dead baby, and told the detectives that Julie Gardner had given her the backpack. She stated that the baby in the back pack was hers. The defendant described the delivery of the baby, and stated that the clothes that she was wearing at the time of the statement were the same clothes that she had worn at the time of the delivery of the infant. The defendant was in 12th grade, and was a straight "A" student. She admitted that during her pregnancy that she attempted to force a miscarriage, by pushing heavy furniture and having her boyfriend, Matthew Walpole, jump on her stomach. When questioned about the baby, the defendant stated that the baby was not born alive, but stated that the baby was pink and that blood flowed from the umbilical cord. Follow [sic] the delivery, the defendant acknowledge [sic] that she put the baby in a canal on March 26, 2001. Initially, the bag did not sink, so she retrieved the bag from the water and inserted a 10 1b weight. When she came out of the water she was observed by a neighbor.

3. TESTIMONY OF THE DEFENDANT: The defendant testified that she had slept over at Jennifer Welch's house when the detectives arrived and Detective Reed told her to get dressed. One of the four detectives present told her that she was going to go to her house. The defendant was driven to the police headquarters by Sgt. O'Neil, and she was told that her father would meet her there. Sgt. O'Neil asked her if she wanted her father to sit in with her, and she testified that she said yes. She asked if her father was on the way, and she was told yes. The defendant stated that she was never told that she is free to leave.

4. TESTIMONY OF THE DETECTIVES: Detective Carmody testified that he never told the defendant that her father would be present before the questioning. Detective Reed testified that she transported the defendant from the Welsh home and that the defendant was not told that she was going home. Detective Reed testified that Detective Carmody told the defendant that she was going to the police station. The detective testified that she was informed that her father was on the way to the police station. The defendant did not say that she wanted her father present before she was questioned, and she said that she did not want her father present during the questioning.

Detective James Murray testified that four detectives went to the Welch house at the time that the defendant and her sister Kimberly were "picked up". The defendant was told that the detectives need to talk to her, and that she was going to the station. She did not ask about her father, and Deceptive [sic] Murray stated that he did not attempt to call him. The witness testified that there was no indication to the defendant that she was going to be taken to her home, rather than to the police station. Detective Murray did not inform the defendant that her father would be present during any questioning. When Detective Murray executed the search warrant at the Weiss home, he stated that he told Mr. Weiss that his daughter was being questioned at the Public Safety Building, and he said he did not want to be present during questioning.

Detective Brent Illiraza, testified that he was present at the Welsh home when the defendant was taken into custody. She understood that she was not going to her home, but to the police station. The defendant, according to the witness, was never told that her father would be present...