State of Maine v. Bronianczyk

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STATE OF MAINE CUMBERLAND, ss. J,; 1:" , :\r','~ C.~~ r" .~:.~ .~ ~ SUPERIOR COURT CRIMINAL ACTION CUMCD-CR-11-1426 ) ) -: (, - ( \A /f/ -- -, .. .., I t:_.~ ')°11 ,,}UI~ I 1 A ','0·' 20 ,. '~.I I STATE OF MAINE, Ll; v. ORDER CORY E. BRONIANCZYK, Defendant. FACTS 1. On December 23, 2010 Brunswick Police Deparbnent Officer Patrick Scott was investigating a report of ongoing vandalism involving, among other things, the knocking over of mailboxes by four young persons in a white Subaru. 2. At the scene Officer Scott observed one mailbox knocked over. He also observed footprints. Officer Scott's Sergeant told him that he had observed a white Subaru in a ditch. 3. Officer Scott and his Sergeant followed the footprints through the snow to a garage type building. 4. The owner of the building told Officer Scott that only he and his wife were at home. He gave the police permission to search the garage. 5. Officer Scott saw a young person kneeling in the garage and then saw three others. 6. All four suspects were put in handcuffs. Defendant Corey Bronianczyk was one of the suspects. The white Subaru was registered to him. The police soon learned that the garage owner's son had given the handcuffed young persons permission to use the garage. The owner refused to press charges. '-' 7. Although Mr. Bronianczyk was no longer a suspect for trespass, Officer Scott wanted to question him about the mailbox and the Subaru in the ditch. 8. Officer Scott placed Mr. Bronianczyk in his vehicle and left him with his hands handcuffed behind his back. Officer Scott did not Miranda Mr. Bronianczyk. 9. Officer Scott then asked pointed questions. He asked the defendant if he was driving the vehicle and whether he had hit the mailbox. 10. Officer Scott used the answers to those questions to charge Mr. Bronianczyk with Operating Under the Influence, Leaving the Scene of an Accident, and Criminal Mischief. DISCUSSION The State has attempted to argue that officer safety and a need to find out potential danger justified the interrogation. The problem is that by the time the young men had been cleared of the trespass, officer safety was no longer an issue. By having Mr. Bronianczyk with his hands cuffed behind him in the police car, Officer Scott created a classic custodial situation. Officer Scott then proceeded to ask pointed questions designed to elicit evidence of a crime. Such a situation requires a Miranda warning. The entry, by reference, will be: Defendant's motion to suppress is granted from the time he was placed in the police car and interrogated. Because defendant has not argued that his statements were involuntary, his statements are suppressed only in the State's case-in-chief. If defendant testifies, they may be used to impeach him. DATED: June 17, 2011 William S. Brodrick Justice, Superior Court, Active Retired 2 STATE OF MAINE vs CORY BRONIARCZYK 833 GARVIN ROAD ACTON ME 04001 Docket No CUMCD-CR-201/-01426 DOCKET RECORD DOB: 10125/1987 Attorney: JOSHUA KLEIN-GOLDEN CLIFFORD & GOLDEN PA 5 MAPLE STREET PO BOX 368 LISBON FALLS ME 04252 PARTIALLY INDIGENT 03/15/2011 Charge(s) I OPERATING UNDER THE INFLUENCE Seq 11493 29-A 2411(I-A)(A) Class 0 State's Attorney: MICHAEL MADIGAN 12/23/2010 BRUNSWICK 2 FAIL TO STOP, REMAIN, RENDER AID, PERSONAL INJURY Seq 10959 29-A 2252(4) Class 0 12/2312010 BRUNSWICK 3 CRIMINAL MISCHIEF Seq 4959 17-A 806(l)(A) 12/23/2010 BRUNSWICK Class 0 Docket Events: 03/081201 I Charge(s): 1,2,3 TRANSFER - PERMANENT TRANSFER EDI ON 03/081201 I @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID WESDCCR20IOO/532 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 1212312010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 03/0812011 @ 8:30 in Room No. NOTICE TO PARTIES/COUNSEL Charge(s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 03/08/201 I CHARLES DOW,JUDGE Defendant Present in Court DEFENDANT INFORMED OF CHARGES. 2/ DAYS TO FILE MOTIONS BAIL BOND - $1,000.00 UNSECURED BAIL BOND FILED ON 12/23/2010 Bail Amt: $1,000 Date Bailed: 12/23/2010 BAIL BOND - UNSECURED BAIL BOND TRANSFERRED ON 03/08/2011 Date Bailed: 1212312010 Charge(s): 1,2,3 SUPPLEMENTAL FILING - COMPLAINT FILED ON 02/0112011 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 03/08/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 03/0812011 CHARLES DOW,JUDGE COpy TO PARTIES/COUNSEL UP TO 750.00 BEGINNING 4/812011 Charge(s): 1,2,3 PARTIALLY INDIGENT AND IS TO PAY 50.00 PER MONTH Page 1 of 3 Printed on: 06/1712011 CORY BRONIARCZYK CUMCD-CR-2011-01426 DOCKET RECORD PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 03/0812011 Charge(s): 1,2,3 TRANSFER - PERMANENT TRANSFER GRANTED ON 03/08/2011 CUMCD Charge(s): 1,2,3 FINDING - PERMANENT TRANSFER TRANSFERRED ON 03/08/2011 CUMCD 0311 5/2011 Charge(s): 1,2,3 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 0311 112011 TERESA SAWYER-BLACK , ASSISTANT CLERK WESDC CR-IO-1532 0311512011 Party(s): CORY BRONIARCZYK ATTORNEY - PARTIALLY INDIGENT ORDERED ON 0311512011 Attorney: JOSHUA KLEIN-GOLDEN 0311512011 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 06/0912011 @ 10:30 in Room NO.7 0311512011 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 0512012011 0311512011 Charge(s): 1,2,3 TRIAL - JURY TRIAL SCHEDULED FOR 06/27/2011 @ 8:30 in Room No. II NOTICE TO PARTIES/COUNSEL 0311512011 AUDIT - AUDIT REPORT CHART_OF_ACCOUNT EDI ON 0311512011 @ 10:37 RV APPR ABRV:GF; OLD OVERRIDE CODE:NONE; NEW OVERRIDE CODE:NONE; OLD AMT OVERRIDE:O; NEW AMT OVERRIDE:O; USER ID:4752 0412512011 AUDIT - AUDIT REPORT CHART_OF_ACCOUNT EDI ON 04125/2011 @ 14:00 RV APPR ABRV:GF; OLD OVERRIDE CODE:NONE; NEW OVERRIDE CODE:NONE; OLD AMT OVERRIDE:O; NEW AMT OVERRIDE:O; USER ID:4715 0611012011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/09/2011 0611012011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 06114/2011 @ 1:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 06110/2011 HEARING - DISPOSITIONAL CONFERENCE HELD ON 0611012011 MARY KELLY,JUDGE Attorney: JOSHUA KLEIN-GOLDEN DA: MICHAEL MADIGAN MOTION TO SUPPRESS TO BE FILED AND HEARD 6-14 06/1412011 HEARING - MOTION TO SUPPRESS HELD ON 061141201 I WILLIAM BRODRICK, JUSTICE DA: MICHAEL MADIGAN Defendant Present in Court TP 2918#1584-2268 0611412011 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 06114/2011 WILLIAM BRODRICK, JUSTICE 06117/2011 MOTION - MOTION TO SUPPRESS GRANTED ON 06/1712011 Page 2 of 3 Printed on: 06117/201 J CORY BRONIARCZYK CUMCD-CR-2011-01426 DOCKET RECORD WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL 06/17/2011 ORDER - COURT ORDER ENTERED ON 06117/2011 SEE ODER WILLIAM BRODRICK, JUSTICE DEFENDANT'S MOTION TO SUPPRESS IS GRANTED FROM THE TIME HE WAS PLACED IN THE POLICE CAR AND INTERROGATED. BECAUSE DEFENDANT HAS NOT ARGUED THAT HIS STATEMENTS WERE INVOULUNTARY, HIS STATEMENTS ARE SUPPRESSED ONLY IN THE STATES CASE IN-CHIEF. IF DEFENDANT TESTIFIES, THEY MAYBE USED TO IMPEACH HIM. Receipts 04/25/2011 05/18/2011 A TRUE COPY ATIEST: Clerk Attorney Payment Attorney Payment $50.00 $100.00 CK CK paid. paid. _ Page 3 of 3 Printed on: 06/17/2011

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