ILNews

COA finds man initiated communication with detective

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

In Brian Scott Hartman v. State of Indiana, No. 68A01-1106-CR-264, Brian Scott Hartman was in jail on burglary charges when a sheriff’s detective asked Hartman about his father. Hartman requested to speak with an attorney, so questioning stopped. The next day, detective Tom Pullins executed two search warrants of Hartman’s property and found the body of the father. Pullins went to the jail to read the search warrants to Hartman and ask if he had any questions. Hartman indicated he wanted to speak to detectives, was advised of his Miranda rights, and Hartman waived his rights and made an incriminating statement about his involvement in his father’s death.

Hartman tried to have the statement suppressed at his trial for murder and Class C felony assisting suicide, but the trial court denied it.

On interlocutory appeal, the COA couldn’t find an Indiana case directly on point with this issue and relied on State v. Person, 104 P3.d 976, 980-83 (Idaho Ct. App. 2004), to affirm the lower court. The facts are similar in the Person case, in which the trial court concluded that police had not re-initiated the interrogation, but had appropriately contacted Person to inform him of the charges he faced by reading an arrest warrant to Person.

As in Person, Pullins didn’t re-initiate the interrogation. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found. Hartman then told Pullins he wanted to speak with him and waived his Miranda rights before making the statement. Thus, the trial court didn’t err in denying Hartman’s motion to suppress.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT