State v. Brown

STATE of Connecticut v. David N. BROWN

No. TTDCR160109743T

Superior Court of Connecticut, Judicial District of Tolland, Rockville, Geographic Area 19

January 3, 2019

UNPUBLISHED OPINION

OPINION

Seeley, J.

The defendant, David N. Brown, was arrested on October 26, 2016 and initially charged with eleven counts of sexual assault in the first degree in alleged violation of General Statutes § 53a-70(a)(2), three counts of sexual assault in the fourth degree in alleged violation of General Statutes § 53a-73a(a)(1)(A) and two counts of risk of injury to a child in alleged violation of General Statutes § 53-21(a)(1). The state filed an amended substitute information on December 7 2018 in which the defendant is charged with eight counts of sexual assault in the first degree, two counts of sexual assault in the fourth degree and four counts of risk of injury to a child. The complainant in this case^[1] is the defendant’s granddaughter, J.B. (DOB 6/21/00).

On December 5, 2018, the defendant filed a motion to suppress his oral and written statements made to Detective William Grady of the Vernon Police Department on October 4, 5, 11 and 12, 2016.^[2] The court held an evidentiary hearing on December 11, 2018. William Grady, who is now retired from the Vernon Police Department, testified at the hearing. At the hearing, three recordings of the defendant’s interactions with Grady were marked as exhibits, which the court subsequently listened to and viewed. The court heard oral argument on December 20, 2018. Based on the motion submitted and the argument held on December 20, 2018, the defendant is moving to suppress his statements based on two grounds: (1) that the defendant was not advised of his Miranda rights prior to the police contacts; and (2) that the statements of the defendant were involuntary.

FACTUAL FINDINGS

Based upon the credible evidence presented at the hearing held on December 2018, the court finds the following facts.

On October 4, 2016, William Grady, who was a detective with the Vernon Police Department at the time of the defendant’s arrest, went to the defendant’s residence as part of his investigation into sexual assault allegations made against the defendant by several family members. Around 3:00 p.m Grady parked on the street in an unmarked sedan a few houses down from the defendant’s residence and waited for him to arrive home from work. At approximately 5:30 p.m., the defendant arrived at his residence. Grady drove his vehicle closer to the defendant’s residence and approached the defendant outside. He did not block the driveway with his vehicle. Grady also did not run at the defendant when he approached him. He identified himself as a detective with the Vernon Police Department and he told the defendant that he wanted to talk to him about a matter. Grady asked the defendant if he would be willing to go to the Vernon Police Department to be interviewed and the defendant agreed without hesitation. The defendant indicated that he wanted to go into his residence so he could tell his wife where he was going.

Grady did not tell the defendant that he had to go with Grady to the police station to be interviewed. Grady spoke calmly and did not act aggressively or in an intimidating manner. Grady remained in the doorway to the defendant’s residence and did not enter the house while the defendant had a conversation with his wife. Grady was dressed in plain clothes and he had a compact firearm in a holster on his left hip, although there was no evidence presented that the defendant saw the weapon. The gun was not displayed or used during this initial encounter. Grady did not search the defendant, he did not conduct a limited pat-down for weapons, and he did not restrain or touch the defendant in any way.

Grady and the defendant left the defendant’s house in Grady’s unmarked car and travelled to the Vernon Police Department, which took approximately three to four minutes. The defendant opened and closed the car door himself and he sat in the front seat. Grady did not turn on the lights or siren to his vehicle at any time. Grady did not lock the car doors. During the ride, they spoke about the defendant’s work and Grady did not ask any questions about the allegations. The defendant told Grady he was a teacher at the New England Tractor Trailer Institute.

Grady and the defendant entered the front door of the Vernon Police Department, rather than through the secured entrance of the sally port which is used to enter the police station by officers when they are transporting arrestees to the station. Grady and the defendant entered the secure section of the police station through a door that is locked from the lobby. However, that door is not locked on the inside and anyone who enters the secure section can leave without having to be electronically let out.

Grady and the defendant walked up the stairs to an interview room located on the second floor near the administrative offices. The room has two doors. The defendant sat in a chair next to a desk that was closest to the door leading to a hallway, while Grady sat closest to the door that went to the interior section. Grady provided the defendant with a glass of water. Both doors were closed during the interview, but they were not locked, nor were they blocked in any way.

Grady presented a written "Voluntary Interview Form" to the defendant and read it to him. This form had the following four statements/questions: "1. You are not under arrest. Do you understand this? 2. We have agreed to interview you at this location and you agree that you are willing to be interviewed here. Is this true? We have told you that you can terminate this interview at any time and leave. You fully understand what we have told you and we will not stop you if you decide to leave. Do you understand this and are you voluntarily submitting to this interview? 4. No promises or threats have been made to get you to this interview. Is this correct?"

After Grady read the form to the defendant, Grady told him to initial each question if he understood it. Grady then left him alone while the defendant reviewed the form. The defendant told Grady that he could read and write and he named the high school he attended. After each question, the defendant wrote yes and put his initials next to his response. Grady returned to the room and asked the defendant if he had any questions. The defendant asked for the time, Grady told him it was 5:49 and the defendant wrote that time on the form. The defendant also signed the form and dated it. The defendant was not advised of his Miranda rights.

Grady interviewed the defendant for approximately five hours regarding the defendant’s sexual interaction with minors. The defendant admitted to having illegal sexual contact and/or intercourse with five minors. The first two hours consisted of Grady asking questions and the defendant responding to the questions asked. Approximately ninety minutes into the interview, Grady asked the defendant if he needed a break to use the restroom and whether he wished to have crackers or anything else to drink. The defendant declined the offer to use the restroom and indicated he did not want anything to eat, but he asked for a soda. Grady left the defendant alone for about six minutes, and then he returned with some water and crackers. The defendant drank some water and eventually he ate some of the crackers.

After two hours of questioning, Grady indicated that he wanted to take a statement from the defendant. The defendant asked to use the restroom and Grady directed him to the restroom that was located in the public waiting room. After two minutes, both men returned to the interview room. Grady indicated that if the defendant wanted something to eat, he could order it from the diner since the department has an account there. The defendant declined Grady’s offer to order food.

At this point, Grady sat at a different desk in the interview room that had a computer on it and the defendant sat next to him. Grady asked him if he were willing to give a written statement, and the defendant said yes. The defendant also indicated he was giving the statement freely and he was not forced by anyone to give a written statement. Grady typed into the computer and asked the defendant clarifying questions. About one-half hour after Grady began typing the written statement the defendant asked for a soda. Grady provided him with a ginger ale. Approximately thirty minutes after receiving the ginger ale, the defendant left the interview room and went outside for a cigarette break for a few minutes. Once the defendant had finished his break, the defendant reentered the public lobby of the police department and asked the dispatcher to let him into the secure portion of the building.

Grady finished up typing the written statement and then reviewed the statement with the defendant. Grady read the entire written statement to the defendant from the computer screen while the defendant looked at the screen. During this process, the defendant requested several corrections and asked that certain information be added. Grady made the requested changes. The defendant reiterated that he was not under any pressure to give the written statement, the words used were his words, and Grady did not threaten him.

The defendant left the interview room to have another break outside where he smoked a cigarette and called his wife. When the defendant returned to the interview room, Grady had a copy of the written statement. Grady offered to provide him with a magnifying glass or read the written statement to him if he was not able to see it. The defendant indicated he could see the text of the statement that Grady had typed. He reviewed the statement page by page. The defendant...