State v. Perkins

STATE OF MAINE v. ROBERT A. PERKINS

DOCKET NO. CR-2018-02481

DOCKET NO. CR-2018-21277

Superior Court of Maine

Entered on the docket: September 20, 2019

September 19, 2019

STATE OF MAINE

KENNEBEC, SS.

UNIFIED CRIMINAL COURT

AUGUSTA

ORDER ON MOTION TO SUPPRESS

INTRODUCTION

The matter before the court is the Defendant's (Perkins) motion to suppress any and all statement he made to law enforcement officers in recorded interviews conducted on June 5, 2018 and November 29, 2018. He also seeks to suppress any tangible evidence seized as a result of those statements as "fruit of the poisonous tree." The court held an evidentiary hearing on August 5, 2019, at which it received the testimony of Maine State Police Detective Scott Quintero. The court also admitted into evidence, without objection, Joint Exhibits 1-3. Exhibit 3 is a thumb drive provided to the court by Defense Counsel, which contains both recorded interviews. Exhibits 1 and 2 are the transcriptions of the interviews.

The court has listened to the complete recordings of both interviews, with the assistance of the transcripts as an aid. In this regard, the court found the written transcripts to be quite helpful while listening to the actual recordings. Nevertheless, not surprisingly the transcripts did contain the occasional typographical error, and the court is aware that it is the recordings themselves that constitute evidence, not the transcripts.

Based upon the evidence presented at the hearing, including the testimony of Det. Quintero and the recorded interviews, the court makes the following findings of fact.

FACTS

On June 8, 2018, Detectives Quintero and Sarah Ferland of the Maine State Police arrived at the home of Mr. Perkins and his wife Jessica. Perkins answered the knock on the door. At that time, apparently, Perkins was the only one home, although Jessica would arrive home somewhat later. Det. Quintero identified himself and asked Perkins: "Can I talk to you for a minute, bud?" Perkins said: "Yeah," and accompanied Quintero to his cruiser, where he was introduced to Det. Ferland. Quintero sat in the driver's seat; Perkins sat in the front passenger seat, and Ferland sat in the rear.

Almost immediately, Quintero told Perkins: "If you don't feel that you want to talk to me, that's the door, do you see where the handle [is] right there." Perkins told Quintero: "I know how to work it." Quintero emphasized: "You go ahead and do that whenever you want."

Quintero spoke in general terms for a few minutes and then asked Perkins if he had any idea as to why the State Police were there wanting to talk with him. Perkins replied: "I've got no clue." Quintero eventually told Perkins that allegations had been made against him. Perkins indicated that allegations had been made against him in the past that he thought had been resolved.¹ Quintero repeatedly and persistently encouraged Perkins to be truthful and he also emphasized his (Quintero's) ability to tell when Perkins was not being truthful.

Gradually, during the course of the interview, which lasted slightly more than 2 ½ hours, Perkins made a number of incriminating statements and admissions regarding inappropriate sexual conduct with young female children and one teenage male. With respect to the male accuser, Perkins adamantly refused to agree with Quintero's assertion that he (Perkins) was being untruthful as to the full extent of the sexual contact.

The interview followed a pattern. Quintero strongly urged Perkins to tell the truth and get the secrets out and lift the weight off his shoulders; Perkins initially denied that anything inappropriate happened; Quintero told Perkins that he knew he was lying and that more had happened that Perkins was concealing; Perkins eventually admitted more and more as Quintero pressed him on being totally honest.

Quintero then brought up another accuser's name and the same pattern was followed, i.e., denial; challenge to tell the truth; more denial; further challenge that he (Perkins) was lying; gradual admission to more detailed information about the inappropriate sexual behavior.

Relatively early on in the interview, the Defendant's wife came home. Later it was learned that she was injuring herself by "cutting" her arm and face. The detective called 9-1-1 and had ambulance personnel come to the Perkins residence to provide medical treatment to her.

During this interview, as Quintero was trying to persuade or "cajole" Perkins to be fully honest with him, the detective told Perkins that he did not know what would happen in the case. One of the factors, however, was whether the suspect had lied or was truthful. By way of example: ". . . what I don't know and what will determine how things go from here is what you tell me, okay?" Exhibit 1 at 10. ". . . the court process can get going right out of the gate, or it may not go at all." Id. at 11. "We haven't even decided what action we're going to take right now, all right, because there may be explanations, you know?" Id at 12. ". . . I'm giving you an opportunity to explain to me the why it happened and how it happened because it may make a total world of difference . . . ." Id. at 17. ". . . but right now is an opportunity for you to talk to me and maybe we can head this off at the pass."² Id. "I'm going to give you this life line before I run out of rope with you." Id. at 19. "There's a window here." Id. "You, though, are the final piece which dictates which way the wind blows; do we pursue this further?" Id. at 92.

As the interview of June 5, 2018 was winding down, Quintero and Ferland asked Perkins for his consent for them to take his personal computer to examine it for child pornography. While concerned about how long he would be without his computer, Perkins eventually agreed to have the detectives take it.

Throughout the interview, Quintero told Perkins on many occasions that he was free to leave and that if he did not want to talk he could just go. See Exhibit 1 at 3, 12, 23, 45, 46, 52, 53, 54, 55, 63, 72, 75, 90, 91, 92, 93, 97, 99. No Miranda warnings/rights were given to Perkins during the June 5, 2018 interview.

Quintero and Ferland returned to speak with Perkins again on November 29, 2018. This interview lasted approximately 2 hours and 40 minutes, at the end of which Perkins was arrested. This interview began with Quintero asking Perkins: "Can we talk a little bit?" Perkins said: "Yeah." The interview was conducted in Quintero's cruiser again. Within minutes, Quintero told Perkins: "I'm telling you right now you're not under arrest." A few moments later, Quintero said: ". . . I want to be fair to you. I'll read you - I'm going to tell you Miranda rights, okay?" Immediately thereafter, Quintero added: "You're not under arrest or anything like that." In reciting the Miranda rights/warnings, the following colloquy took place:

DETECTIVE QUINTERO: You have the right to remain silent. Do you understand that?

MR. PERKINS: Yeah. I know all of them.

DETECTIVE QUINTERO: You do?

MR. PERKINS: Uh-huh.

DETECTIVE QUINTERO: Yeah. We talked about that before, didn't we?

MR. PERKINS: Uh-huh.

DETECTIVE QUINTERO: Anyway, I'll go over them again. You got a right to remain silent. Anything you say can and will be used against you in a court of law.

MR. PERKINS: Uh-huh.

DETECTIVE PERKINS: You have the right to an attorney. If you can't afford an attorney, the court will appoint one for you.

MR. PERKINS: Uh-huh.

DETECTIVE QUINTERO: You have the right to stop answering questions now or at any time until you talk to an attorney and have an attorney present with you during questioning.

MR. PERKINS: Okay.

DETECTIVE QUINTERO: You understand all that?

MR. PERKINS: Uh-huh.

DETECTIVE QUINTERO: What does that mean to you, basically? We're going to talk voluntary? Is that - -

MR. PERKINS: Yeah.

Exhibit 2 at 6-7.

This second interview followed the same pattern as the first one. A short time into the interview, Quintero brought up the subject of the teenage male who had made accusations against Perkins and who was discussed during the interview of June 5, 2018. When the name of that teenager was mentioned, Perkins said: "I will be honest. I truly don't remember." Exhibit 2 at 17. Quintero was not buying it and said: "I know you remember." Id. When Perkins hesitated and started to say: "I'm -- I'm trying to -" the following exchange took place:

DETECTIVE QUINTERO: Do you want me to help you with that?

MR. PERKINS: Yeah, I actually would.

DETECTIVE QUINTERO: The thing that happened that we need to talk about is that - the occasion in which you touched his penis.

MR. PERKINS: Which was when? I never touched his penis.

DETECTIVE QUINTERO: No, no. No, no, no.

MR. PERKINS: NOT -

DETECTIVE QUINTERO: If you don't remember, you already told me last time you touched his penis, okay? So it just was in a little more detail. I've had many, many meetings on this, bud, all right? So at one point, you end up going down on [him].

MR. PERKINS: What do you mean by going down?

DETECTIVE QUINTERO: Sucking on his dick.

MR. PERKINS: No.

DETECTIVE QUINTERO: Yes.

MR. PERKINS: No, no. I don't care - no, no. I will contact a lawyer. I have never even seen the kid's dick, never, never. He has never dropped his pants in front of me. I don't know how you're saying that you know he is telling the truth, okay, I really don't. Especially seeing as he told you, number one, that I was showing him gay porn on my computer. Did you guys find gay porn on my computer?

DETECTIVE QUINTERO: Calm down. Calm down for a second. Have I been straight up and fair with you?

MR. PERKINS: Yes, but what I want to know is how -

Exhibit 2 at 18-19.

Quintero and Perkins continued to talk (with Quintero doing most of the talking), for the next 10 to 11 minutes. They continued to disagree on this issue, with Quintero insisting that he knew what had happened and that Perkins was not being honest, while Perkins just as strongly insisted that what Quintero and the teenager were saying was absolutely false. The recording, of course,...