State v. Lowy Defendants statement in ambulance admissible
Defendant appealed his conviction for reckless manslaughter. Elderly defendant went to park to feed pigeons even though he knew it was forbidden. Elderly victim thought feeding birds was unsanitary. Dog walker saw two elderly men fighting in the park, heard victim scream "He's got a knife" and called 911. Jogger saw two men wrestling, victim asked for help saying, "This guy's got a knife" and saw victim holding defendant down on the ground. Jogger told defendant to put the knife down and victim released defendant who left the park.
Defendant was arrested, complained of pain and was taken to hospital. Defendant argued admission of statements he made while he was in the ambulance and at the hospital violated his Fifth Amendment rights. Court noted defendant received Miranda warnings, invoked his right to counsel and later was taken to hospital.
Court found defendant voluntarily spoke to officers in the ambulance and at the hospital, his statements were unprompted and unprovoked by the officers and were also admissible as statements by a party opponent. Medical examiner's testimony that defendant and victim were facing each other at the time of the stabbing was proper. Prosecutor's statements during summation did not rise to a level of egregiousness capable of rendering the trial unfair and trial judge properly included a flight charge. source
https://www.law.com/njlawjournal/almID/1613506213NJA089819/
- Judge: Per Curiam
- Case Number: A-0898-19
