5D04-2706 State v.Michael Raines

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2706

Case Date: 11/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006

STATE OF FLORIDA, Appellant/Cross-Appellee, v. MICHAEL THOMAS RAINES, Appellee/Cross-Appellant. ________________________________/ Opinion filed November 9, 2006 Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee. Roy Black, Christine M. Ng and Mark A.J. Shapiro, of Black, Srebnick, Kornspan & Stumpf, P.A., Miami, for Appellee/Cross-Appellant. GRIFFIN, J. The State appeals an order of the trial court suppressing statements made by appellant Michael Thomas Raines ["Raines"] on the ground that the police had used misleading tactics in dealing with Raines's counsel, David Smith. Raines cross appeals, contending the trial court erroneously denied his motion to dismiss based on the State's interference with his right to present a witness. appeal, but reverse the suppression order. We affirm the order on the crossCase No. 5D04-2706 CORRECTED

On February 20, 2002, Bernard Gibson was shot in Cocoa Beach. On February 22, 2002, while en route back home from Cocoa to Indiana, defendant Raines stopped at a police station en Nashville, Indiana, and told a deputy: "I shot and killed a guy in Florida and it was self-defense and I wanted to turn myself in." The deputy called the Cocoa Beach police to report this conversation. On the same day, Raines sought legal advice from Attorney Roy Graham ["Graham"] in Bloomington. Graham, in turn, contacted Attorne y David Smith ["Smith"], an experienced Indiana attorney who practiced criminal law and who was also licensed to practice in Florida. Raines and Graham went to Smith's office and conferred. The record does not reflect what Smith was told at that meeting because Raines invoked attorney/client privilege. We do know Smith was told that Detective Washburn

["Washburn"] of the Cocoa Beach police department wished to speak to Raines. Smith called Washburn. He described the purpose of the call: I had been asked to make contact with Detective Washburn to let him know that Mr. Raines wanted me to assist him in answering questions. When Washburn returned the call, he told Smith: As I recall, he indicated he was working on some sort of homicide investigation. He needed to speak with Mr. Raines as soon as possible. He wanted to talk to him about

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