When you’ve been accused of a serious crime like murder, every decision you make during a police interrogation matters—including what you say and whether you waive your right to remain silent. In a recent case out of Queens, the New York Appellate Division reviewed whether a defendant’s statements to police should have been suppressed. Despite the defendant’s argument that he never signed a Miranda waiver form, the court upheld the conviction, holding that an oral waiver was enough. The decision is a warning to anyone facing serious charges: what you say, and how you say it, can follow you all the way to trial.
The Underlying Charges and Police Interrogation
The case stemmed from a homicide that occurred in or around October 2012. The defendant was accused of killing another man using a hammer. After his arrest, the defendant gave oral statements to law enforcement. Although he refused to sign a Miranda waiver card, he did verbally acknowledge his rights and agreed to speak with officers.
Before trial, the defendant’s legal team filed what’s known as an “omnibus motion,” which included a request to suppress the statements he made during the interrogation. The trial court denied that request after holding a hearing. A jury later convicted him of second-degree murder, and he was sentenced accordingly. On appeal, his attorneys argued that the denial of the suppression motion was a mistake and that other pieces of evidence unfairly prejudiced the jury.
Miranda Rights and the Validity of an Oral Waiver
Under the U.S. Supreme Court’s decision in Miranda v. Arizona, police must advise you of your right to remain silent and your right to an attorney before conducting a custodial interrogation. You also have the right to waive those protections—but only if the waiver is knowing, voluntary, and intelligent.
In this case, the defendant claimed that because he didn’t sign the waiver card, his statements to police should have been excluded. But the appellate court disagreed. Relying on long-standing New York precedent, the court emphasized that a signed waiver isn’t required. An oral waiver—so long as it’s clearly made and not coerced—is legally sufficient. Here, the defendant had verbally acknowledged his rights and agreed to answer questions. That was enough for the court to uphold the trial judge’s decision and keep the statements in evidence.
Jailhouse Calls and Alleged Prejudice at Trial
The appeal also challenged the introduction of recordings from jailhouse phone calls the defendant made after his arrest. In some of those calls, the defendant referred to prior bad acts or talked about things he’d be willing to do. While some of the comments did touch on previous wrongdoing, the court found that many of the statements were either relevant to the current charges or speculative in nature—not admissions of other crimes.
The court did agree that a few of the statements were inflammatory and should not have been admitted. However, it concluded that the error was harmless. In other words, the remaining evidence of guilt was strong enough that these mistakes didn’t deprive the defendant of a fair trial. The judge also gave instructions to the jury meant to reduce any potential prejudice.
Gruesome Photos and Their Role in Trial
The defendant further argued that more than 20 photographs of the victim’s post-mortem injuries should have been excluded because they were excessively graphic and designed to inflame the jury. But the court disagreed here as well, stating that the photos helped support the medical examiner’s testimony and illustrated the nature of the attack. Because the images were relevant and not introduced simply to provoke emotion, they were deemed admissible.
Lessons for Anyone Facing a Violent Felony Charge
This case underscores a few key points for defendants:
If you talk to police after waiving your Miranda rights—even verbally—those statements can and will be used against you.
You do not have to sign anything for your waiver to be valid.
Phone calls from jail are recorded and can become trial evidence. Assume nothing is private once you’re behind bars.
Graphic evidence can be admitted if it helps explain the charges, even if it’s upsetting to look at.
Not every mistake at trial leads to a reversal. If the appellate court sees the overall trial as fair and the evidence as strong, it may affirm the conviction anyway.
Protect Yourself from the Start
If you’ve been arrested or charged with murder, manslaughter, or another violent felony, the best way to protect yourself is to say nothing until your attorney is present. Don’t rely on assumptions about Miranda rights, and don’t believe that refusing to sign a form means your words can’t be used against you.
At Tilem & Associates, we fight aggressively to challenge unlawful police conduct and suppress damaging evidence. From pretrial motions to appeals, our team works to uncover weaknesses in the prosecution’s case and uphold your constitutional rights. Call Tilem & Associates today at 877-377-8666 or reach out online for a confidential consultation. Your words matter—make sure you have the right team defending them.