Federal Judiciary

MIRANDA RARITY
By Mark Thompson
markthomp@yahoo.com
Posted 02-20-08

Justice James A. Yates allowed prosecutors to use a confession that, according to the Appellate Division, was extracted by a detective from Rufus Graham in violation of his Miranda rights. The ruling was only the second Appellate Division reversal in New York City in the last two years of a conviction that was found to be fatally undermined by a Miranda violation.

Graham, who was charged with committing a dozen burglaries and several related crimes, was properly issued Miranda warnings by one officer, but eight hours later, the overreaching detective entered the picture. Without re-reading Graham his rights, or heeding the suspect’s statement that he did not want to talk, that detective told Graham there was video and fingerprint evidence linking him to the crimes. That revelation prompted Graham to exclaim that he “did everything,” a remark that prosecutors did not disclose to the defense until after trial.

Full post as published by Judicial Reports on February 20, 2008 (boomark / email).