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SUPERIOR COURT CRIMINALACTION DOCKET NO. CR-05-249

205 CE? 20 P 3: 31
STATE OF MAINE v.

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ORDER ON MOTION TO SUPPRESS

MATTHEW DEBLOIS,
Defendant The defendant seeks to suppress statements made by the defendant during an
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interview with Detective John Hall. The defendant argues that he was subject to a custodial interrogation without the benefit of Miranda, that h s invocation of h s right to counsel was not honored, and that his statements were involuntary because of Detective Hall's statements. The court has listened to the audiotape. State's Ex. 1. For the following reasons, the motion is denied. FACTS Winthrop police Department Detective John Hall called the defendant and asked him to go to the police station to discuss something important. The defendant asked whether he was in trouble. Detective Hall replied that the defendant would not be arrested and would be free to leave at any time but the Detective preferred to discuss the matter face-to-face. Detective Hall asked what would be convenient for the defendant and he stated that he would come immediately. Detective Hall met the defendant at 3:00 p.m. in the police station lobby. As they walked upstairs, the Detective told the defendant that he was not under arrest and that he was free to leave at any time. The two entered a 20' by 10' conference room. The walk from the lobby to the conference room took ten seconds. The Detective sat at a

desk and the defendant sat to the Detective's right at the end of the desk. The door was across the room to the defendant's left. The Detective explained that he was closing the door for privacy and to avoid interruptions because there was a meeting across the hall. The Detective explained that he always tapes any discussion about something important and he started the tape recorder. During the interview, the defendant asked whether he should call an attorney. The Detective also described the process for such cases and sentences he had seen imposed, including an 80-year sentence for one person who did not cooperate. Def.'s Ex. 1 at 6-7 (admitted as aid to court). When the tape was turned off, the defendant left the station. arrested. CONCLUSIONS Custodv The defendant was not in custody during the interview at the police station. See State v. Higgins, 2002 ME 77, qlql 13-14, 796 A.2d 50, 54-55; State v. Mchaud, 1998 ME 251, 94,724 A.2d 1222,1226; State v. Martin, 580 A.2d 678, 681 (1990); State v. Cochran, 425 A.2d 999,1002 (1981). Counsel The sixth amendment right to counsel attaches "only at that time 'that the government has committed itself to prosecute, and only then that the adverse positions of government and defendant have solidified."' United States v. Gouveia, 467 U.S. 180, 189 (1984) (quoting Kirby v. Illinois, 406 U.S. 682,689 (1972);see U.S. v. LaBare, 191 F.3d 60, 64 (1999) ("the right to counsel attaches when 'adversary judicial criminal proceedings' have commenced against an accused, 'whether by way of formal charge, He was not

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preliminary hearing, indictment, information, or arraignment."'); Def.'s Ex. 1 at 6 (Detective Hall told the defendant that "it goes to the DA for review") & 8 ("this could literally be months down the road before you hear back from me.") Voluntariness The State has proved beyond a reasonable doubt that the defendant's statements were voluntary. State v. Sawyer, 2001 ME 88,

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Maine Law