State v. Laura Gonzalez (085132) (Somerset County & Statewide) (A-47-20; 085132)
Defendant’s question about the attorney was an ambiguous invocation of her right to counsel. Under settled New Jersey law, see, e.g., State v. Reed, 133 N.J. 237, 253 (1993), the detective was required to cease questioning and clarify whether defendant was requesting counsel during the interview. Because the State played defendant’s recorded statement at trial and read the apology note -- written at the detective’s suggestion -- to the jury, the error in failing to suppress that evidence was harmful. The Court also finds plain error in the trial court’s admission of certain challenged evidence, and it provides guidance for the proceedings on remand.
