final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Raag Singhal, Judge; L.T. Case No.
Haughwout, Public Defender, and Paul Edward Petillo,
Assistant Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Jessenia J.
Concepcion, Assistant Attorney General, West Palm Beach, for
Antonnine Scotsman, appeals his convictions and sentences for
three counts of armed robbery and one count of aggravated
assault. He claims detectives violated his Miranda
rights by continuing to engage with him after he invoked his
right to counsel, which led to a confession that was used
against him at trial. We agree and reverse.
two weeks after appellant was taken into custody for an
unrelated offense, the investigating detective visited
appellant at the housing facility to ask if he had any
information about an armed robbery. Appellant was not a
suspect at the time. One week later, appellant and other
individuals were transferred to the Broward County
Sheriff's Office for questioning as possible suspects in
the crime. When they arrived, they were placed in separate
and voice recordings from the interrogation rooms allow us to
understand what occurred there. The lead detective, along
with a second detective, entered the interrogation room, and
initiated a conversation explaining the need to go over the
Miranda waiver form again before continuing to speak
with appellant. The lead detective started by asking
appellant for his name. When the detective was unable to
understand his response, appellant asked, "[T]hey
sending me a lawyer?" The detective then explained, if
"you want to at any time like I told you before, you can
say let's stop right now." The detective further
clarified, "You don't want to do it this time? This
is very important, man." The detective said he could not
force appellant to talk, but showed appellant pictures of the
other suspects and said, "They're talking. First one
leaving the interrogation room, the second detective asked
appellant if he knew how much time he was facing, and both
detectives commented on appellant's young age. When
appellant asked what he was facing, the lead detective told
him, "Good luck to you man. These guys already talk. All
right. So don't say I didn't give you a chance."
Appellant asked for a second time what he was facing, at
which time the lead detective pointed to a picture of one of
the other suspects and said:
I'm going to tell you [what I] was telling you about, it
was him [calling you], you know how I know? He already told
me. Okay? All right?
No more breaks after this. The gloves come off. After we
leave here, today it's a done deal. I'm not going to
be friendly anymore. Because he told me--
appellant attempted to respond, the lead detective said,
"Man, you got some explaining to do, " and told
appellant he was going to be "charged with armed robbery
with a firearm . . . . You might not be coming home anytime
soon." Appellant was then given a cellphone and left
alone in the room to call his grandmother. He talked with her
for approximately fourteen minutes before the lead detective
abruptly re-entered the interrogation room and took the
phone, leaving the room once again. Appellant was left alone
in the interrogation room for about forty minutes until
another officer came in. At that point, appellant asked to
use the bathroom, and complained about the temperature in the
interrogation room. After the officer departed, appellant was
left alone in the room once more.
later, appellant repeatedly knocked on the door, and appeared
visibly in need of the bathroom. Appellant attempted to get
the attention of an officer for two minutes before urinating
in the corner of the interrogation room. An officer responded
to appellant's knocking a short time later, and told him
that they would clean it up. After this, appellant was,
again, left alone in the interrogation room.
hours later an officer checked on appellant and told him they
were "almost done." Appellant was left alone in the
room once again. Another hour passed before an officer opened
the door to the interrogation room and asked appellant if he
needed to use the bathroom before departing. Thirty minutes
later, the lead detective re-entered the room and told
appellant they would feed him before taking him back to jail.
As he escorted appellant from the interrogation room, the
detective said, "I know you asked for your ...