Kenneth Vercammen & Associates, P.C.
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Friday, September 04, 2015

State v. Michael A. Maltese (A-96-13

State v. Michael A. Maltese (A-96-13; 073584) 
Because defendant’s statement to his uncle occurred after officers violated his Fifth Amendment right to remain silent, that statement is inadmissible. Defendant’s subsequent statement to police was fruit of the unconstitutionally obtained statement to his uncle and must also be suppressed. Thus, defendant’s convictions for manslaughter and murder are reversed. His other convictions are affirmed because they are supported by evidence independent of the suppressed statements. On remand, the trial court shall conduct a pretrial hearing to determine whether the physical evidence obtained as a result of defendant’s suppressed statements is admissible under the inevitable discovery exception to the exclusionary rule.