Commonwealth v. Walker

Summary

The Massachusetts Supreme Judicial Court affirmed the denial of Stevie Walker’s motion to suppress statements made to police and affirmed his conviction of murder in the first degree under a theory of extreme atrocity or cruelty. The court held that Walker knowingly, intelligently, and voluntarily waived his Miranda rights, that his statements were voluntary, and that his written waiver of the right to prompt arraignment was valid. The court also rejected his claim concerning the statutory right to make a telephone call and found no basis to exercise its authority under G. L. c. 278, § 33E.

Holdings

1. The Commonwealth proved beyond a reasonable doubt that Walker knowingly, intelligently, and voluntarily waived his Miranda rights.
2. Walker's statements were voluntary and were not the product of police conduct that overbore his will.
3. The written waiver of Walker's right to a prompt arraignment was voluntary, and the statements were not subject to suppression under the Rosario rule.
4. Although police violated G. L. c. 276, § 33A by failing to inform Walker promptly of his telephone-call right, suppression was not required because the violation was not intentional.
5. The jury instructions, considered as a whole, adequately permitted consideration of mental impairment and voluntary drug consumption both in evaluating malice and in determining whether the killing was committed with extreme atrocity or cruelty; the isolated use of 'and/or' was harmless.

Questions Presented

1. Whether Walker knowingly, intelligently, and voluntarily waived his Miranda rights.
2. Whether Walker's statements were voluntary under the totality of the circumstances.
3. Whether Walker's written waiver of the right to a prompt arraignment under Commonwealth v. Rosario was voluntary and whether the delay required suppression.
4. Whether the police's delayed advisement of Walker's statutory right to make a telephone call required suppression of evidence.
5. Whether the jury instructions adequately explained how mental impairment and voluntary drug consumption could bear on the Cunneen factors for murder committed with extreme atrocity or cruelty.

Disposition

affirmed