Heard: September 10, 2018.
Indictments found and returned in the Superior Court
Department on March 14, 2013. A pretrial motion to suppress
evidence was heard by Gregg J. Pasquale, J.
application for leave to prosecute an interlocutory appeal
was allowed by Francis X. Spina, J., in the Supreme Judicial
Court for the county of Suffolk, and the appeal was reported
by him to the Appeals Court.
L. Johnston, Assistant District Attorney, for the
Matthew Spurlock, Committee for Public Counsel Services, for
Present: Wolohojian, Lemire, & Englander, JJ.
to a custodial interrogation, the defendant was read Miranda
warnings from a written form that did not comport
in all particulars with the language employed by the United
States Supreme Court. As a result the motion judge ruled that
although the defendant was advised of his "right to an
attorney," he was not explicitly advised of his right to
have an attorney present "during questioning." The
defendant's videotaped statements were accordingly
suppressed. We reverse, because rote adherence to the exact
language of Miranda is not required, and because in
this case the warnings "in their totality, satisfied
Miranda." Duckworth v.
Eagan, 492 U.S. 195, 205 (1989) .
November 7, 2012, the defendant was taken into custody at the
Fall River police station, where he was interviewed by
Detective Brian Cordiero about an incident that had occurred
fifteen years earlier, involving sexual intercourse with a
girl under the age of sixteen. The interview was audio and
video recorded. The defendant admitted to having sexual
intercourse with the girl but stated that she told him that
she was nineteen, and that the sexual intercourse was
consensual. When asked if he was the father of the
woman's now fifteen year old son, the defendant stated
that his name was on the birth certificate but that he was
not certain he was the father.
to conducting the interview, Cordiero advised the defendant
of his rights, which he read to the defendant from a form
that the defendant later signed. Cordiero advised the
" Yxou have the right to remain silent.
" Anything you say can be used against you at ...