State v. Baribault

247 A.3d 1237

STATE

v.Richard BARIBAULT.

No. 2019-59-C.A.

K1/16-69B

Supreme Court of Rhode Island.

March 31, 2021

Virginia M. McGinn, Department of Attorney General, for State.

J. Richard Ratcliffe, Esq., for Defendant.

Present: Suttell, C.J., Goldberg, Flaherty, and Robinson, JJ.

OPINION

Justice Flaherty, for the Court.

The defendant, Richard Baribault, appeals from his conviction following a jury trial in Kent County Superior Court for second-degree murder, receiving stolen goods, conspiracy, operating a vehicle on a suspended license, and carrying a knife greater than three inches in length. For those offenses, the defendant was sentenced to life imprisonment at the Adult Correctional Institutions for the murder, a consecutive ten-year sentence for the conspiracy, and suspended one-year sentences for each of the three remaining convictions, with probation.

On appeal, defendant argues that (1) the trial justice erred by failing to suppress the fruits of a police interrogation, urging that the interrogation violated Rule 5(a) of the Superior Court Rules of Criminal Procedure and the Fourth Amendment to the United States Constitution; (2) the trial justice abused his discretion by declining to redact certain statements that defendant had made outside the presence of his interrogators that were overly prejudicial and that were shown to the jury; (3) defendant was denied medication during his extensive detention and interrogation in violation of his Fifth Amendment rights; and (4) the trial justice abused his discretion by failing to suppress a witness's out-of-court identification. For the reasons set forth herein, we affirm the judgment of the Superior Court.

IFacts and Travel

This case involves the brutal beating and murder of Fernando Silva, a seventy-year-old man who was found dead aboard his sailboat. Following an investigation by the Warwick police, defendant was arrested and, on January 27, 2016, a Kent County grand jury indicted defendant for the murder, in violation of G.L. 1956 § 11-23-1 ; defendant was also indicted for conspiracy to commit robbery, receiving stolen goods, driving with a suspended license, and possession of a knife greater than three inches in length, in violation of G.L. 1956 § 11-1-6 ; G.L. 1956 §§ 11-41-2 and 11-41-5 ; G.L. 1956 § 31-11-18 ; and G.L. 1956 § 11-47-42, respectively.

AThe Investigation and Arrest

On August 4, 2015, while he was on routine patrol, the City of Warwick's Chief Harbormaster, Jeffrey Baris, came upon a twenty-six-foot sailboat that was "dragging the anchor" at the northern end of Warwick Cove. The older, yellow-hulled sailboat was named "Star Capella ." Mr. Baris boarded the Star Capella . After taking notice of its disheveled state, and, believing that nobody was aboard, Mr. Baris towed the Star Capella and then secured it to a vacant mooring in the south end of the cove.

Eleven days later, on August 15, Mr. Baris attempted to make a visual check of the Star Capella to ensure that it remained properly moored. Mr. Baris became aware of a foul odor as he approached the vessel. By the time he boarded the boat, he found the odor to be overpowering. While aboard, Mr. Baris observed significant insect activity. Investigating, he used a bore, which he described as a pole with a hook at one end, to lift objects inside the cabin. After using the bore to displace a piece of plywood, a foam mattress, and a blanket, Mr. Baris discovered what he believed to be human feet, covered by flies and maggots and in an advanced stage of decomposition. Mr. Baris immediately contacted law enforcement.

The Warwick Police Department quickly determined that the body that had been found aboard the Star Capella was that of Fernando Silva, who was known in the community as "Captain Freddy." Captain Freddy owned and lived on the Star Capella . The police received a tip that the vessel previously had been docked at the Warwick Cove Marina but, after speaking with the owner of that marina, investigators learned that the sailboat actually had been docked at a private dock that had been rented by Stephen Emerson, a local quahogger.

The police spoke with Mr. Emerson on August 18, 2015. Mr. Emerson, who lived at property abutting the dock, told police that he had observed two white men attempting to start the Star Capella ’s engine. He also led the officers to Donald "Ducky" Waterman in an effort to assist in identifying the two men. The next day, while trying to locate Ducky, police instead encountered his brother, Charles "Chucky" Waterman. Chucky told police that, a couple of weeks prior, Troy Gunderway had tried to assist Captain Freddy in acquiring a new engine for his boat. Chucky led police to Ducky and, in turn, to Mr. Gunderway, who was living sometimes in a tent in Ducky's backyard and sometimes at the home of Ducky's father. Mr. Gunderway admitted to police that he had done work on the Star Capella and said that he had been assisted by defendant, who drove a red pickup truck.

The police determined where defendant lived after speaking with Mr. Gunderway. The same day, the police traveled to that location in search of a pickup truck that matched the description given by Mr. Gunderway. The police discovered a maroon pickup truck outside defendant's residence and "ran" the license plate affixed to the vehicle. After doing so, the officers learned that the license plate had been reported stolen. The police also conducted a "driving abstract" on defendant and learned that his driver's license had been suspended. After staking out that location for several hours, the police observed defendant leaving the residence. At that time, they identified him through photographic records of the Department of Motor Vehicles.

The police arrested defendant after they observed him entering and operating the truck. The defendant was charged with three misdemeanors at that time: Possession of stolen license plates, driving on a suspended license, and possessing a knife greater than three inches in length, which was discovered on his person during the course of a search incident to his arrest.¹ After his arrest, and before he was arraigned the following afternoon, defendant was held in custody and was interrogated by the police on three separate occasions. While he was in police custody, defendant made a number of contradictory and incriminating statements, which ultimately led to his being charged with the murder of Captain Freddy.

BThe Trial

The defendant stood trial by jury in Kent County Superior Court, which commenced on June 14, 2017. The trial continued over a two-week period and resulted in voluminous testimony and evidence. The following is a summation of the testimony and evidence produced during defendant's trial that is relevant to this appeal.

Testimony of Stephen Emerson

Mr. Emerson testified that, on July 31, 2015, he discovered that the Star Capella was docked at the private dock at the end of his property, a dock of which Mr. Emerson claimed to be "in charge[.]" Mr. Emerson confronted Captain Freddy, who explained that he was docked in that spot with the permission of Mr. Emerson's landlord, through his friend, Donald Waterman. Mr. Emerson did not work the following morning. He testified, however, that, accustomed to his typical quahogging schedule, he was awake early in the morning, "about sun up[,]" when he noticed two individuals crossing through his yard carrying a cooler and gasoline container. Mr. Emerson identified one of those men as defendant.

Mr. Emerson further testified that he confronted the two individuals that morning about cutting through his yard. Both appeared nervous, he recounted, and one responded, "We are moving Freddy's boat up to Conimicut. He's getting high with a woman and he asked us to move the boat." Mr. Emerson said that he saw the individuals go to the boat, begin moving things around, and attempt to start the engine. After about an hour, he testified, Mr. Emerson went down to the boat and offered his assistance to the individuals. Shortly thereafter, the two individuals left so that they could return with another engine.

Mr. Emerson recalled that one of the individuals, the one who was not defendant, was "in and out" of Mr. Emerson's backyard that day many times, returning to the boat in an effort to start the engine. Mr. Emerson testified that, at one point in the early afternoon, he observed defendant sitting in a red burgundy truck, parked on the side of his house, at the same time the other individual worked on the boat. Eventually, Mr. Emerson recounted, the individual who was not defendant began moving the boat but, after experiencing engine trouble, the boat "turned around and it was bouncing off other boats[.]"

Mr. Emerson testified that, at some point, he went to Boston with his girlfriend. When he returned on August 4, 2015, he noticed that the vessel was no longer at the dock.

Testimony of Donald "Ducky" Waterman²

Ducky Waterman, a commercial shell-fisherman, testified that he first met Captain Freddy in the summer of 2015. At that time, Captain Freddy had asked Ducky for a ride because his bicycle had been stolen. The witness said that he and Captain Freddy became acquainted and that, from that point on, Captain Freddy would call on Ducky from time to time when he was in need of transportation. Ducky testified that he also helped Captain Freddy in securing dock space for his sailboat by contacting Mr. Emerson's landlord on Captain Freddy's behalf.

Ducky further testified that Captain Freddy was "hooked on Keno," a lottery game. According to Ducky, Captain Freddy was "lucky[,]" "kept hitting[,]" and "was always winning." Ducky also recounted that Captain Freddy did not keep his good fortune to himself. He testified that Captain Freddy would hand out money to people who were standing outside the convenience stores whenever Captain Freddy would "hit." Ducky recounted that, in late July 2015, Captain Freddy informed him that, in Portsmouth, "he won $800 on one [ticket...