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Justices rule defendant’s confession came under ‘increasing coercive pressure’

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Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.

Brian Scott Hartman had been taken into custody on burglary charges. After detectives read Hartman his Miranda rights, he requested to speak with an attorney. The following afternoon, detectives executed two search warrants at a residence and discovered the body of the defendant’s father.

At 1 a.m. the next day, Hartman was brought to the jail’s intake area where he was read the search warrants. After Hartman indicated he wanted to speak with the detectives and was re-read his Miranda rights, he essentially confessed to his role in his father’s death.

During the trial, Hartman moved to have his confession suppressed on the grounds that the statements were obtained after he had invoked his right to remain silent and consult an attorney.

The trial court denied the motion to suppress, concluding Hartman was not coerced but rather voluntarily chose to initiate the conversation with detectives.

The Supreme Court reversed the trial court’s denial and remanded for further proceedings in Brian Scott Hartman v. State of Indiana, 68S01-1305-CR-395.

Although the Indiana justices cited Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010), where the U.S. Supreme Court refused to extend Miranda protections, they noted the circumstances surrounding those cases were different from Hartman’s.

In Shatzer, the suspect had been released from custody and likely had been able to seek advice from an attorney, family members or friends. Moreover he knew from earlier experience the he could stop the interrogation by demanding counsel.

The situation was different for Hartman.

“Here, despite the defendant’s request for counsel, he had not been provided the opportunity to consult with an attorney prior to the police approaching him to read the search warrants,” Chief Justice Brent Dickson wrote for the court. “Nor had he consulted with family members or friends, nor been released from custody. Further, there is nothing in the record showing his knowledge from his earlier experience that a demand for counsel would bring dealings with the police to a halt. In fact, the defendant’s experience two days earlier, when his request for counsel was unproductive, could well have led him to the opposite conclusion – that a request for counsel would not be honored prior to further police dealings. This has the likely effect of increasing coercive pressure on the defendant.”

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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