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Un-Mirandized Confessions Admissible; Sentencing Enhancements for Vulnerable Victim, Abuse of Position of Trust as "Medicine Man" Upheld

By Shari Allison

United States v. Chee, No. 07-4057 (10th Cir. 1/29/08) (published): The defendant, convicted of one count of aggravated sexual abuse while in Indian Country and sentenced to 235 months' imprisonment, followed by lifetime supervised release, appealed the district court's denial of his motion to suppress his oral and written confessions, and his sentence. The Court affirmed. Mr. Chee is a Navajo "medicine man" who performs traditional healing ceremonies. On three occasions, Mr. Chee had performed healing ceremonies for Ms. Perry, a 28-year-old woman with significant physical and mental disabilities, at her home at the request of Mr. Perry's grandmother, with whom Ms. Perry lived. Mr. Chee was asked to perform another ceremony. On the day requested, he went to the house...continue to full post

Full post as published by Tenth Circuit Blog on February 01, 2008 (boomark / email).