State v. Nelson Carreiro

Summary

The Rhode Island Supreme Court affirms Nelson Carreiro’s convictions for two counts of first-degree child molestation. The court considers whether statements made to police after Carreiro invoked his right to counsel should have been suppressed, including whether he was in custody and whether he reinitiated questioning and waived counsel. The court also addresses the sufficiency of the evidence supporting the charged instances of sexual penetration.

Holdings

1. The trial justice did not clearly err in finding that defendant reinitiated communication with Detective McGlynn by asking, "Can I talk to you?" after invoking his right to counsel.
2. Defendant knowingly, intelligently, and voluntarily waived his right to counsel and his right to remain silent when he asked Detective McGlynn, "Can I talk to you?" and then engaged in conversation.
3. The court did not decide whether defendant was in custody outside the station; assuming arguendo that he was in custody, the suppression ruling was still proper because defendant reinitiated communication and waived his rights.
4. The complainant's testimony that defendant engaged in full intercourse during the week her mother was hospitalized, meaning that his penis was inside her vagina, was sufficiently specific to establish penile-vaginal penetration within the charged period.

Questions Presented

1. Whether the trial justice erred in denying defendant's motion to suppress statements made outside the police station after defendant initially invoked his right to counsel.
2. Whether defendant reinitiated communication with police after invoking his right to counsel.
3. Whether defendant knowingly, intelligently, and voluntarily waived his right to counsel and right to remain silent.
4. Whether the evidence was sufficient to establish penile-vaginal penetration during the time period charged in count one.
5. Whether the trial justice erred in denying defendant's motion for judgment of acquittal on count one.

Disposition

affirmed