Open Case Memo: Commonwealth of Pennsylvania v. Andrew Brown

Open Case Memo: Commonwealth of Pennsylvania v. Andrew Brown
QUESTIONS PRESENTED
Did Mr. Brown invoke his right to counsel? What facts might be important? What is the legal standard?
Even if he did not invoke his right, were his statements voluntary?
SHORT ANSWER
No, Mr. Brown did not invoke his right to counsel. The Miranda Law rights can only be applicable when there is sufficient and provable claim from the suspect not to speak without counsel. Brown did not make any claim that he wanted counsel to represent him. The most important legally sufficient facts were when he was being interrogated by the officers, he never claimed to speak before a counsel. This was after the officers disclosed his Miranda rights. Therefore, Mr. Brown did not invoke his right to speak before a counsel.
Although Brown did not invoke his right to counsel, his remarks were never made voluntarily. The officers pressured and threatened him to speak about the case. He was questioned for more than 4 hours and was never given any breaks. From the testimony he gave to his counsel, there was clear proof that the client was never sober. Even the officer testified that he had strains of alcohol at the time of questioning. The officer was also angry during the questioning time. Therefore, Brown's statements were never voluntary. He spoke out of coercion and pressure.
Summary of Relevant Facts
Affidavit
On September 6th, 2020, an officer who was on patrol using official patrol care in downtown Nittany College, Pennsylvania, received a report of a college-aged man who was assaulted at the Nittany Lion Bar that left another man unconscious. Andrew was the primary suspect for the assault. He was described as wearing a red, short-sleeved shirt, blue jeans, black shoes and was seen fleeing along Beaver Avenue near Pugh Street. The officer saw him fleeing and was still wearing a red shirt and blue jeans. When they made eye contact with the officer, Brown started to flee away from the officer. While he was fleeing, the officer pursued him on foot and executed a fleeting suspect's tactical takedown. Brown was taken to the Nittany College Police Station for questioning. He was advised on his Miranda Rights and agreed to respond to all questions. The suspect admitted that he had punched another man in the head with a closed fist at the Nittany Lion Bar after the victim referred to him using profane language. Andrew was charged with the crime of Simple Assault.
Commonwealth of Pennsylvania v Andrew Brown
Judge Ferrous heard the case on September 21st, 2020. The district attorney for the Commonwealth, Maria Robins (DA Robins), represented the plaintiff. On the other hand, Gopal Balanchandran, the Defense Counsel, represented the defendant. The judge called for DA Robins to call the first witness. Officer Hammer was called to tell the court about the events of September 6th, 2020. He confessed that he was on a routine patrol in the State College area when he was called and informed about the fight the occurred in Nittany Lion Bar. He learned from an officer on the scene that Evan Poor, the victim, had been knocked unconscious and got reports that a man was running away from the bar wearing a red short-sleeve shirt, blue jeans, and black shoes. He disclosed that he met with Andrew Brown in the Beaver Avenue and Pugh Street in a red-shirt running down the road. When they saw each other, the suspect started to run away from the officer. Based on the training experience, the officer said that the behavior was very suspicious, which forced him to take him down and bring him in for interrogation. The officer explained how he ran after him and arrested him before taking him to the station.
Before questioning him, the officer read his Miranda rights and disclosed that the suspect acknowledged that he understood all the Miranda rights. He voluntarily waived his rights and decided to talk to the officers. Brown confessed that he hit the victim without being forced to speak or being threatened. After confession, he was taken to the hospital where the victim was recuperating and conducted a show up ID. The victim was able to identify Brown as the assailant. After disclosing this information, the defense attorney also did a cross-examination with permission from Judge Ferrous.
From the defense attorney cross-examination of Officer Hammer, it was revealed that the defendant was 19 years and had no previous record of crime. However, Officer Hammer did not know that he had never been arrested in Center County. The counsel also noted that people go to the bar to drink alcohol, and many people in Nittanny College drink. Further cross-examination proved that the defendant had an alcohol odor but understood everything that the officer spoke. The officer failed to undertake a breathalyzer for Brown and further stated that he never knew Brown. The officer confessed that the interrogation lasted for four hours, without any breaks. The defendant was also never given food, and the officer acknowledged that he felt angry at times. There were witnesses from the bar fight, but none recognized Brown. There was surveillance from the bar but never showed the scene of the fight. When the victim identified Brown as the assailant, he stated that he was 50% sure of his identification.
After the cross-examination from both sides, the judge ruled that the Commonwealth had proven a prima facie case of simple assault. The charge will be bound over to the Court of Common Pleas of Nittany for pretrial motions and trial.
Client Interview to Defense Counsel and Intention
During an interview, Brown admitted that he was at the bar where Evan Poor was hit but did not hit Evan Poor. He claimed that he never saw anyone hitting Evan. On the night of the bar fight, he had been drinking and smoking marijuana. He says he was high and drunk when questioned at the police station. Therefore, he did not feel like he knew what he was doing. There was much pressure from the officers, and he felt that he had to tell them whatever they wante...