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Court junks request to suppress evidence
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Posted on Aug 22 2004
The Superior Court junked the request of a man accused of sexually abusing a girl to suppress as evidence his earlier confession about committing the offense.
Associate Judge David Wiseman said Joselito Castro’s contention that he does not understand English, the language that police officers used in interrogating him, was unconvincing.
Castro had asserted that he did not voluntarily and intelligently waive his Miranda rights, including the right to remain silent, because he did not understand English. Castro had admitted kissing the girl and touching her breast.
Wiseman said Castro’s statement to the police was made in English. “After defendant [Castro] dictated responses to law enforcement questions, in English, he was handed a copy of the form, filled out in English. Defendant then made corrections to the form, in English,” the judge said.
Witnesses, including Castro’s long-time friend, testified that the defendant could speak and communicate in English, according to Wiseman.
Wiseman said that, when police officers arrived at an apartment in Finasisu to respond to a call, Castro initiated the conversation with lawmen and admitted that he did “something wrong.” When asked about what he did, Castro allegedly told police that he kissed the girl. Lawmen then apprised him of his Miranda rights before he was questioned.
The judge said Castro could not be considered as subjected to custodial interrogation when he initiated the conversation, saying that the defendant was not in custody yet at that time. Hence, there was no need to inform the defendant of his Miranda rights at this time.
The judge also dismissed Castro’s argument that lawmen violated a provision of the Vienna Convention.
He said there was no indication that Castro was prejudiced by not knowing of his right to consult with consular officials, and that he would have availed himself of that right for assistance by the consular officials had he known that right.
“[Castro] stated that he understood his rights to speak with a consular official,” Wiseman said. (John Ravelo)
