On appeal, Dunbar argued, among other things, that the pre-arraignment script rendered his Miranda waiver involuntary.
But the prosecution defended the program's constitutionality, saying it was primarily designed to obtain "exculpatory information from the innocent."
During oral arguments, Skelos observed that the prosecution lost "credibility with the court when saying the purpose is to get exculpatory information" (NYLJ, Sept. 5, 2012).
In his ruling, Skelos pointed to case law holding that warnings to defendants do not have to follow exactly the form laid out by the U.S. Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966). But where there are deviations, the courts must ask if the warnings given "reasonably conve[yed]" a suspect's rights.
Here, Skelos said the script at question failed to do that—for example by "suggest[ing] a sense of immediacy and finality which impairs suspects' reflective consideration of their rights and the consequences of a waiver."
Skelos later added, "In essence, although suspects interviewed pursuant to the Program are told, through the Miranda warnings, that they have the right to remain silent, the preamble suggests that invoking that right will bear adverse, and irrevocable, consequences. Such a suggestion conveys that suspects have a right to remain silent only in the most technical sense."
Ordinarily, Skelos said, questions about the knowing and intelligent waiver of rights against self-incrimination revolve around factors such as a defendants's age, background and intelligence.
But that was not the issue in the appeal.
"Rather, the problem is that the defendant never received a clear and unequivocal advisement of his rights," said Skelos.
Pointing to various rulings, prosecutors argued Miranda warnings do not have to be the first words said by law enforcement during interrogation.
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Mike M
Frankly, I thought the first version was the best from the standpoint of the person being charged. It clearly urges him or her to bring forth any alibi or other explanation why the charges are wrong. The later versions muddle the matter in my opinion.
Granted there may be things happening in practice that don't appear on the interview form, but I can easily understand why the DA's office thought they were doing a fair and good thing here. But, as they say, no good deed goes unpunished.
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W. Addo
I have such an enormous respect for Mr. Brown's Office for quickly revising its pre-arraingment script in conformance of the law. Good work, Mr. Brown. WA
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Michael
Silly me, I thought the ARRESTING OFFICER has to read the Miranda rights PRIOR TO ARREST/INTERROGATION (including pre-arraignment questionning). So, the DA has now taken over that role for the police? If someone requests and attorney for the Pre-Arraignment Interview, how would an attorney be assigned if the charges are not formally brought (that occurs at arraignment). So, who is the attorney that will be assigned; will they be the same attorney assigned subsequent to arraignment? It's a shame the Judge chooses to continue to protect his fellow club-member (attorney) instead of blatantly calling DIck Brown out for his hypocrisy, immorality, and plain, simple illegality of ambushing defendants JUST BEFORE they are allowed to speak to yet ANOTHER MEMBER OF THE CLUB....(defense attorney). Smart defendants will never take the advice of an 'assigned counsel'...they are strictly interested in plea bargaining and lightening their case load. When a sitting Criminal Court Judge states "Your guilt or innocence DOESN'T MATTER", on the record in a criminal proceeding (I wish I had bought the transcript), then that pretty much sums up the Judiciaries ideas of 'in'-justice.
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PeteF
The whole story is a lie from top to bottom. Mr.Brown has as much to do with his office as I have. It is nonsense. If the DA was truly interested in helping those in the pre-arraignment process he should have provided for an attorney to be present before any questioning.
The governor should step in immediately and replace Mr.Brown before his staff can do more damage than they have already done.
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