Wednesday, May 28, 2014

Colorado Supreme Court People v. McIntyre 13SA235

Decision here.

   McIntyre was accused of fondling his ten year old niece.  After speaking to a detective (and denying the allegations), he agreed to meet with another deputy to take a lie detector test.  Prior to the administration of a lie detector test, the deputy talked to McIntyre about the way the test would be run (things like the need to tailor the questions to the allegations in a very specific way), the legal ramifications of taking or not taking the test, what McIntyre remembered about the incident, how much the test would cost and whether it would be admissible or not, etc, etc, etc.  Not all of what the deputy told McIntyre was accurate.  For example, he told him that the test would not be used in court unless McIntrye wanted it to be (when it actually would be per se inadmissible).  He told him that the test was very expensive, but that he wouldn't have to pay for it unless he was found guilty and they came after him for the fees (when in truth he wouldn't have to pay for the test under any circumstances).  

   The deputy also suggested that they weren't trying to ruin his life, and that they were interested in treatment and rehabilitation in cases where it's appropriate.  He made some statement that could be looked at as being promises of either leniency or immunity if taken out of context.  But all of this was peppered with copious reminders of McIntyre being free to leave, of the deputy's plan to discuss this interview with the detective, Miranda warnings, and explanations that the deputy couldn't make any legal promises.  Also, the deputy didn't actually promise leniency or immunity at any point.

   The lie detector test never happened.  McIntyre made some incriminating statements without it, wrote a letter of apology to his niece, and then made an appointment for another interview with the detective (but by then, he had a lawyer and didn't want to talk).

   The trial court suppressed McIntyre's incriminating statements, holding that they were involuntary because of some implied promises of immunity made by the deputy who was going to run the lie detector.  The people filed an interlocutory appeal, and the Colorado Supreme Court reversed the suppression order.  The Court held that under the totality of the circumstances, McIntyre's statements were voluntarily made and not the result of police coercion.

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