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United States v. Dennis

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


May 8, 2006

UNITED STATES OF AMERICA,
v.
BERNARD DENNIS, DEFENDANT.

The opinion of the court was delivered by: Ambrose, Chief District Judge.

FINDINGS OF FACT CONCLUSIONS OF LAW and ORDER OF COURT

FINDINGS OF FACT

1. On March 12, 2005, around 8:00 A.M., a security guard at the United States Post Office heard screams coming from the mezzanine area, ran there and observed Defendant, Bernard Dennis, atop another man, stabbing him.

2. The guard took the Defendant into custody and handcuffed Defendant.

3. Inspector Victor Campeau, Department of Homeland Security, arrived shortly thereafter and took custody of Defendant.

4. Around 8:30 A.M., Compeau gave Defendant Miranda warnings and Defendant responded that he did not wish to talk.

5. At 8:45 A.M., Campeau took Defendant to the ICE headquarters on the Southside of Pittsburgh. Defendant was processed there and put into a holding cell, where he fell asleep for around one (1) hour.

6. At approximately 12:45 P.M., Defendant was being transported to the County Jail when Defendant asked Campeau how much time he would get for what he had done.

7. At the time the Defendant made the statement, he was not being questioned; he was not threatened; and he had not been promised anything.

CONCLUSIONS OF LAW

1. Defendant's statement was voluntarily given.

2. Defendant's statement was the product of a free and unconstrained choice by Defendant.

3. There was no coercive police activity that prompted Defendant's statement.

4. Defendant's statement is admissible.

ORDER OF COURT

AND NOW, this 8th day of May, 2006, it is Ordered that Defendant's Motion to Suppress (Docket No. 34) is Denied.

Donetta W. Ambrose, Chief U. S. District Judge

20060508

© 1992-2006 VersusLaw Inc.



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