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Justice On Trial Season 1 Episode 2
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00:00You
00:17Why
00:20You know very well why
00:22My mom gave me that car
00:24Now you're giving it to us
00:26Maybe we should just you know we should shut up Tim
00:28This is the plan
00:31I'm sorry Chris
00:33But our dealer is gonna kill us if we don't come up with the money
00:38I thought we were friends
00:42Well that's what makes this so hard
00:50Look I'm just trying to get my car back out of the impound
00:53I already got it sold
00:55Well here's the problem that we have Mr. Dixon
00:57We know that you falsified a driver's license with Chris Hammer's name in your photo
01:02You forged his signature and tried to sell a stolen car
01:08Wasn't stolen
01:09Chris is a friend of mine
01:10He asked me to sell it for him
01:12Which brings us to problem number two
01:14Chris Hammer's been reported missing by his mother
01:16So either you call your friend and have him come down here and straighten all this out or I'm gonna have to arrest you on charges of forgery
01:25I mean I think Chris is out of town
01:29Cut the crap Mr. Dixon
01:30This video footage of you trying to sell the car at the dealer
01:33He ID'd you already
01:35Even if your story is true
01:37You still tried to falsify documents and sign them for financial gain
01:41But if you confess to the forgery
01:43I can make things go a lot easier with the DA
01:46Maybe he can look the other way on the stolen car
01:49What about my rights?
01:50Don't I get a lawyer?
01:52Something?
01:53What you get
01:54Is a chance to put all this behind you without making it a lot worse
01:59Or we can do this the hard way
02:02It's your choice
02:03I'm Judy Scheindler
02:09Before I was a judge on TV
02:11I was a judge in New York City for 15 years
02:14And a lawyer for 17 years before that
02:17While serving on both sides of the bench
02:19I learned that justice doesn't always end up feeling just
02:23Sometimes the impact of one decision by a police officer, a lawyer, or even a judge
02:29Can change the way justice is delivered
02:31We're going to demonstrate this by taking landmark cases from actual crimes committed by real people
02:39And we'll recreate them without trial lawyers
02:42And yours truly is the trial judge
02:44While we're not going to recreate the trials verbatim
02:47All the court's ultimate decisions are accurate
02:50It will be up to you to decide whether the case was fair and the outcome just
02:55Real cases, actual lawyers, surprising verdicts
03:01Justice on trial
03:03Justice on trial
03:07This episode of justice on trial
03:10Focuses on the constitutional protection
03:13Safeguarding a person's right against self-incrimination
03:16Dating back to the 1966 case of Miranda versus Arizona
03:20These so-called Miranda rights must be read to each and every person in America who was arrested
03:28Simply put, they are the right to remain silent
03:31So that you don't have to say anything to police that could be used against you in a court
03:36If an officer doesn't read you these rights, anything that you say, including a confession, can't be used to convict you at a trial
03:40But like everything else in the law, the devil's in the details
03:46Okay, enough talk, let's get back to the crime
03:51Rise and shine, Sleeping Beauty
03:53Rise and shine, Sleeping Beauty
04:03Where am I?
04:05What's happening to me?
04:08It doesn't matter now, dude
04:10It's the end
04:12Don't do this
04:14I won't do anything, please
04:15Let's just get this over with
04:22I'll tell you what
04:24I got a gift for you
04:26A little something to remember me by
04:32Your last cigarette
04:35You're welcome
04:45I just want to say
05:09I'm sorry
05:13What?
05:15No
05:16No, come on, Nrio, come on
05:18I can't
05:23I'm sorry
05:41I think I should be deep enough
05:42Yeah, as long as it's deep enough for him to stay put
05:45Yeah, as long as it's deep enough for him to stay put
05:58All right, we're ready for you, buddy
06:02I can't do this
06:03Oh
06:05Oh.
06:08No, come on, Guy
06:12Come on
06:13Oh.
06:15I'ma have to put that out now
06:17Come on
06:19No, please
06:21Please
06:22Oh, my God.
06:52Yeah, I should do it.
06:53Just get the hell out of here.
07:02Thanks for the car.
07:11Archie Dixon ultimately confessed to the murder of Chris Hammer and was put on trial.
07:16But before that trial happened, Dixon's lawyers said that his confession violated his Fifth Amendment right against self-incrimination.
07:25They said that Dixon was not properly given his Miranda rights.
07:29We will recreate that hearing that determined whether Dixon's confession could be used in his eventual trial for murder.
07:36This is a preliminary or pretrial hearing to determine the admissibility of a confession that was made by the defendant during the course of a murder investigation.
07:48We are here to determine whether or not that confession was taken in violation of Mr. Dixon's Fifth Amendment rights.
07:55Counsel, are you ready?
07:56I am, Your Honor.
07:56Note your appearance, please.
07:58For the state of Ohio, I'm Dan Menser.
08:00Good morning, Your Honor.
08:02We're back, but on behalf of the defendant, Archie Dixon, who is president of court.
08:05Mr. Menser, call your first witness.
08:07The prosecution calls Detective Ron Scanlon.
08:13Kevin, swear the witness, please.
08:15Yes.
08:15Raise your right hand, please.
08:17You swear to tell the truth in these matters today?
08:19I do.
08:19Have a seat.
08:20You may inquire, sir.
08:23Good afternoon, Detective.
08:24In late September, were you assigned to investigate the disappearance of a man named Christopher Hammer?
08:31Yes.
08:31Could you please describe for the court exactly how it was you came to be assigned to that case?
08:35His mother contacted us.
08:38She hadn't seen her son in several days, and she was concerned.
08:41She told us that he was currently living with his two friends, Tim Hoffner and Archie Dixon, at the home of Archie Dixon's girlfriend.
08:48Detective, when you're assigned to investigate the disappearance of an individual,
08:54do you put out some sort of alert to neighboring counties to let them know that this is a person to be on the lookout for?
09:00Yes, sir.
09:00And did you do that in this case?
09:02Yes.
09:03Now, Detective, I want to draw your attention to October 25th.
09:06Did something happen with respect to your investigation into the disappearance of Christopher Hammer?
09:10Yes.
09:11On October 25th, we received another call from Mr. Hammer's mother.
09:15According to her, someone had spotted her son's car on a lot of her used car dealership.
09:20So we went to the dealership, and we spoke to a man named Ron Parker, who told us that he did buy the car from a man who was claiming to be Chris Hammer.
09:30Now, after you got the information from Ron Parker at the car dealership that a man who claimed to be Chris Hammer had sold him the car, but the description didn't sound like Chris Hammer, did you prepare any type of photographic array or anything?
09:45Yes, sir. I was going to prepare photos of Hoffner and Dixon to show the car dealer to see if perhaps it wasn't Hoffner or Dixon who had sold him Hammer's car and were claiming to be Chris Hammer.
09:57The car dealer immediately pointed to Archie Dixon as the man who identified himself as Chris Hammer and sold him Chris Hammer's car.
10:05Thank you, sir. Thank you, Detective. I have no further questions.
10:08You may inquire, sir.
10:09Thank you, John.
10:11All right, so Detective Scanlon, let me see if I have this right.
10:14In terms of your role in this case, you began this case looking into a forgery of a title on a car. Do I have that right?
10:22Yes.
10:22And you also had information suggesting that Mr. Hammer had disappeared. That came from Hammer's mother, yes?
10:31Yes.
10:31And so, as I understand it, your role, your participation was limited to an interview at the police station when Archie Dixon showed up to claim a car that didn't belong to him.
10:45Correct.
10:46Correct.
10:46Correct. If you confess to the forgery, I can make things go a lot easier with the DA. Maybe he can look the other way on the stolen car.
10:54What about my rights? Don't I get a lawyer? Something?
10:58What you get is a chance to put all this behind you without making it a lot worse. Or we can do this the hard way. It's your choice.
11:11All right. I forged a signature.
11:14Well, Mr. Archie Dixon, I'm placing you under arrest for a forgery. Place your hands behind your back, please.
11:21What? Right now?
11:23Hands behind your back.
11:24Damn.
11:25Standard procedure.
11:29So what? I get fingerprinted or something now?
11:32You know, before we get to any of that, there's a question of what happened to your so-called friend, Chris Hammer.
11:37I don't know nothing about that. He said he was leaving town.
11:40He's been missing for two months. And I'm looking at a guy who says he knows him, stole his car, and then tried to sell it and pocket the cash.
11:47I don't know nothing about where he is. I was doing him a favor trying to sell his car. Look, I swear.
11:57What's Tim doing here? What's going on?
12:00Well, apparently Tim has something he wants to get off his chest.
12:03In order to claim that car, he had forged documents. Do I have that right?
12:13Yes, sir.
12:14But you used the forgery investigation as a pretext because you were hoping you would get some answers regarding Hammer's disappearance from my client.
12:26Isn't that right?
12:27Sure. Yes.
12:28No further questions.
12:30Your excuse, sir.
12:31Thank you, Your Honor.
12:33Mr. Mensah, please call your next witness.
12:35The state calls Kristen Wilkerson.
12:40You may inquire.
12:41Thank you, Your Honor.
12:43Ms. Wilkerson, how old are you?
12:4425 years old.
12:45Do you live here in Toledo?
12:47Yes, I'm living in Toledo. I was living with my boyfriend, Archie Dixon.
12:51Okay. I want to call your attention to this past summer.
12:54You said you were living with Archie Dixon. Was there anybody else living with the two of you this past summer?
12:59Yes, we were living with Archie's friends, Chris and Timothy.
13:03Now, what were the relationship between Archie Dixon and Chris Hammer?
13:08They were all friends.
13:09Now, did you listen to a conversation that involved Archie Dixon about Chris?
13:15Yes.
13:16Could you just tell the court what occurred in that conversation?
13:18Yeah. Him and Tim were over at the house one night, and the two of them got to drinking, trying to figure out ways to make money.
13:27I heard them talking about Hammer's car, how much money they could get for it.
13:32So, the next morning, Archie told me that he was going to get Hammer tonight.
13:38And what did you interpret get Hammer to mean?
13:42To kill him.
13:44Now, what happened later on that night?
13:49Well, when Chris came home that night, they were ready for him.
13:54So, they jumped in, and then they scooped up Chris, and they put him in the back of the car.
13:59And then the three of us drove off.
14:02Who was driving?
14:03I was, but Archie was telling me where to go.
14:05And then we got to the edge of some farm field, and he told me to stop.
14:10And what happened after you stopped near the farm field?
14:12They dragged him out of the car, and then they grabbed the shovel, and took him towards the field.
14:19Oh, long guy.
14:21Have you seen Chris since that night?
14:25No.
14:27And after that happened, were you in fact arrested?
14:31Yeah.
14:31And you were charged with acting in concert in this murder?
14:35Yes.
14:36And are you testifying today, pursuant to a cooperation agreement with my office?
14:41Yes.
14:41Thank you, Ms. Wilkerson.
14:42I have no further question, Scherner.
14:44You may inquire.
14:45So, Ms. Wilkerson, let me start out with the cooperation agreement.
14:50The prosecutor here initially charged you with aggravated murder, correct?
14:55Yes.
14:56And you knew that was a death penalty sentence, is that right?
14:59Yes.
14:59They could execute you for that, correct?
15:01Yes.
15:02He took that off the table in exchange for your testimony today, did he not?
15:07Yes.
15:07And you expect when you're sentenced that you're going to walk away from this case free of any jail time, is that right?
15:15Yes.
15:16And so you would tell this man anything he wants to hear in order to walk away from this case.
15:21Is that a fair statement?
15:23Objection.
15:24Overruled.
15:26Well...
15:26You would lie to him in order to walk away from this, yes?
15:32No.
15:32Well, you lied to police, telling them you knew nothing about the disappearance, yes?
15:38Yes.
15:39You knew exactly what your roommates and your boyfriend discussed, but you decided to lie.
15:47Is that right?
15:48Yeah.
15:49And so we have only your word that you're now telling us the truth today, rather than lying, despite the fact that your wife's on the line.
15:58Do I have that right?
16:00Yes.
16:01No further questions.
16:02Witnesses excused. Thank you very much.
16:05Next witness.
16:07State calls Detective Philip Kilikowski.
16:11You may inquire, sir.
16:13Thank you, Your Honor.
16:14Detective, were you involved in the arrest of a man named Archie Dixon?
16:18Yes.
16:18Please explain for the court how you got involved in the arrest of Archie Dixon.
16:22Detective Scanlon and I had been working on an investigation involving the disappearance of a man named Christopher Hammer.
16:28We got a positive identification from a used car dealer that Mr. Archie Dixon committed a forgery.
16:35Now, Detective, after you arrested Archie Dixon for forgery, was it just your intention to process him for the forgery or did you have any other goal in mind?
16:44We were hoping to get some information on the disappearance of Mr. Hammer.
16:48Now, you've been a detective for how many years?
16:51About ten years.
16:52So, you understand that when you have a suspect that's in custody, that you have to read him certain rights before you can question him, right?
17:00That's correct.
17:01Clearly, Mr. Dixon was in custody after you arrested him, right?
17:04Yes, sir.
17:04Did you read him his rights before you began to speak with him?
17:08No.
17:08Now, is there a reason why you didn't read Mr. Dixon his Miranda rights before you started to speak with him, even though he was in custody?
17:17We decided not to Miranda-ize him because we thought he wouldn't want to talk to us if we did.
17:22Now, did Archie Dixon speak to you after you began to speak with him without having Miranda-ized him?
17:27Yes.
17:28He told us he had no idea where Chris Hammer was, but he did admit to selling Chris's car.
17:36But he told us he got permission from Chris to sell the car.
17:39Now, Detective Kolakowski, who is the other suspect in this case?
17:43Timothy Hoffner.
17:52So, Tim, you fine with me recording this?
17:57I, I, sure. I got nothing to hide.
18:00And you're here voluntarily?
18:07Yeah, yeah. I, I, uh, I just want to see justice for Chris.
18:12So, on the night of September 21st, where were you?
18:18I was outside in Chris's car, uh, outside the apartment I share with Archie Dixon.
18:23And what happened?
18:24Uh, I was with Archie's girlfriend. We were, we were partying and, and, and waiting for, uh, Archie to show up.
18:32And then, uh, all of a sudden, uh, Archie pops open the trunk and dumps Chris in it.
18:39What did Archie say he was up to?
18:42That we were gonna get what's coming to us tonight.
18:44And I asked, what does that mean?
18:48And he said, Chris is money.
18:50Did you need money, Tim?
18:53Well, we had our dealer quite a bit, and we didn't have anything coming in, so, yeah.
18:59But I would never take it like that.
19:03Not like that.
19:06Like what?
19:09Like the way Archie killed him.
19:10Now, are there any investigative techniques that you have learned in the police academy
19:19to try and get a suspect to confess or talk about a crime that they've committed?
19:24Yes, absolutely.
19:25And did you use one of those here?
19:27Yes, uh, when you have two suspects in custody that are suspected of committing a crime together,
19:32we're taught to pin one against another and try to make them believe it's in their best interest to confess.
19:40Okay, here's the deal.
19:50We got Tim in the next room.
19:52He's giving you up.
19:53What the hell are you talking about?
19:55Chris.
19:56Tim says you killed him.
19:58I ain't killed nobody.
20:00Chris was a friend of mine.
20:02I notice you're talking about Chris in the past tense now.
20:05No, I just hadn't heard from him in a while.
20:07Hmm, then you should hear this.
20:10Tim told us about the beating at the apartment, the body in the woods.
20:15You buried him alive.
20:18He's lying.
20:20He's just trying to save his own ass.
20:23How come he knows where the body's buried if he didn't do it?
20:27Let me give you a little piece of advice.
20:28The first one of you guys who confesses to what we all know already happened here, he's going to get to deal with the DA.
20:36The other guy, he gets the electric chair.
20:40So, you need to decide whether you're coming in first or last.
20:46Did that interrogation technique work in getting Mr. Dixon to start talking about the disappearance of Chris?
20:58Not at that time.
20:59So, what did you do to Archie Dixon at that time?
21:03We took him back to jail.
21:05Now, after taking him back to jail, did you have a reason to believe that you wanted to talk to Archie Dixon again?
21:11Absolutely.
21:12And once he was in the precinct, did you read him anything?
21:15Yes.
21:15What did you read him at that time?
21:17His Miranda warnings.
21:25I want to be first.
21:26I want to talk to you guys.
21:29Just for clarity then, I'm advising you of your rights.
21:33You have the right to remain silent.
21:35Anything you say can and will be used against you.
21:39You have the right for an attorney to be present.
21:40Do you understand these rights?
21:43Yes.
21:44My lawyer said it's okay to talk to you guys now.
21:47Because you'll give me a better deal.
21:50Yeah.
21:50We'll make sure the DA knows that you cooperated.
21:52That goes a long way, let me tell you.
21:55All right.
21:57Okay.
21:58So, tell us what happened in the apartment.
22:02Chris came from money.
22:03He's always flashing it around, playing the big guy.
22:07Hitting on my girlfriend.
22:10We was barely getting by.
22:11He's always coming over partying with Tim and my girl.
22:14While I'm footing the bill.
22:15Even though he's the one with the rich mom.
22:18So, I had nothing.
22:19You know?
22:20But still, he wanted what was mine.
22:24So, enough's enough.
22:26Me and Tim decided we was going to get what was coming to us.
22:29So, you killed him.
22:32One thing led to another.
22:34It's not like I ever did anything like that before.
22:38Tell us what happened in the woods.
22:39Well, Chris is in the trunk.
22:44And we was digging the hole.
22:46And I come back and...
22:48There's Chris.
22:50Still hitting on my girlfriend.
22:53Right up to the very end.
22:56So, I'm like, time's up, douchebag.
22:58And we buried him.
23:01Alive?
23:02No.
23:04Dirt killed him.
23:06Took a few minutes, but...
23:07He stopped twitching after a while.
23:10And we got out of there.
23:14He got what he deserved.
23:18All we got...
23:19Was his car.
23:26And then, after he waived his rights,
23:28did Archie Dixon talk to you about the disappearance of Chris Hammer?
23:33He told us every single detail.
23:37Now, Detective Kolakowski,
23:39take us from the beginning.
23:41What did Archie Dixon tell you
23:44about the murder of their friend Chris Hammer?
23:47He said it started when he and Hoffner
23:50were trying to figure out how they could get some money.
23:52He said they talked about
23:53stealing Chris's car and selling it,
23:56but figured they needed to get his identification first.
23:59And they figured the best way to do that
24:00was to kill Chris Hammer.
24:02So, they had no real plan, according to Dixon.
24:05He told us that they just jumped him
24:08and started beating him with a wine bottle.
24:10And they tried to break his neck,
24:11but they couldn't kill him.
24:13Finally, they decided the best way to kill Mr. Hammer
24:16was to bury him underground.
24:18Damn.
24:18Did Mr. Dixon tell you
24:24what his friend Chris Hammer was doing
24:26as he was trying to kill him with his bare hands?
24:30He was crying and begging for his life.
24:33Did he tell you what they did after that?
24:36They went back to the house to clean up
24:37and had a few drinks before going to bed.
24:41Thank you, Detective.
24:42No more questions.
24:43Okay, you may inquire, sir.
24:47So, Detective,
24:50would it be correct for me to assume
24:53that at the time you arrested my client
24:55on November 9th for forgery,
24:58your real focus in the case
25:00was the disappearance of Mr. Hammer?
25:03That's correct.
25:04And when you made the arrest,
25:06you intended to question him
25:08about the disappearance of Mr. Hammer, correct?
25:11Correct.
25:12So, I just want to make clear for the record, sir,
25:16when you sat him down in an interview room
25:18at the station,
25:20you made a choice.
25:21Your choice was,
25:22I'm going to talk to him
25:24without giving him Miranda warnings.
25:26Yes.
25:27And in that interview on November 9th,
25:30you decided,
25:32in compounding the Miranda violation,
25:35to tell this individual,
25:37first one on the bus gets the deal
25:40in the case, yes?
25:41Yes.
25:42And what else did you say to him?
25:45I told him that the suspect
25:47who doesn't get the deal
25:48will pay full price,
25:50whatever that may be.
25:51And you had no authority
25:52to offer him a deal, did you?
25:54Not at that time.
25:55You, in effect,
25:56lied to my client, didn't you?
25:59Yes.
25:59So, after this first interview,
26:02he, in effect, decided not to talk to you
26:04about Hammer's disappearance, correct?
26:07Correct.
26:07And so, a few hours later,
26:10you brought him back from county jail, yes?
26:12Yeah.
26:12And this time, you Mirandized him, yes?
26:15This time, I did.
26:16And then you got a full confession.
26:19Full confession.
26:20And in your mind, sir,
26:21your failure to Mirandize him
26:23in the first interview,
26:25and your choice to Mirandize him
26:27in the second interview,
26:28do the ends justify your means?
26:31Objection.
26:31Sustained.
26:32No further questions.
26:33Anything else?
26:34If I may, Your Honor,
26:36do you have to always tell the truth
26:38to a suspect
26:38in order to get them
26:40to volunteer a statement?
26:41No, I don't.
26:43I have no further questions, sir.
26:44Witnesses excused.
26:45Thank you very much.
26:47Do you have any other witnesses, sir?
26:49No, Your Honor.
26:50The state rests.
26:52Counselor?
26:52And for purposes of this suppression hearing,
26:55Your Honor,
26:55I am going to call my client.
26:58Mr. Dixon, take the stand, please.
27:02May inquire.
27:06All right, so Mr. Dixon,
27:07let's go to November 9th.
27:10On November 9th,
27:12were you arrested?
27:14Yes.
27:14And what's your understanding
27:15of what you were arrested for?
27:18Uh, for forgery
27:19and connection to the sale
27:22of a stolen car.
27:23And when you were arrested,
27:25were you again taken to a police station?
27:27Yes.
27:28Were you questioned
27:29by a police officer, a detective?
27:31Yes.
27:31And prior to his questioning you,
27:34did he advise you
27:36of your Miranda rights
27:38and tell you that anything you say to him
27:40can be used against you
27:42in a court of law?
27:43No.
27:44And did he try and question you
27:47by telling you
27:49the first person to get on the bus
27:52and confess
27:53will get a deal in this case?
27:56Said I wouldn't get the gas chamber.
27:59Did you feel coerced
28:00as a result of that?
28:03Absolutely.
28:04And by the way,
28:05that first interview
28:06on November 9th,
28:08they kept you there
28:08from 11.30 in the morning
28:10to 3.30 in the afternoon.
28:11Did they not?
28:12Yeah, and then they took me
28:13back to county.
28:14And when you went to county,
28:16were you there for a few hours
28:18and then brought back
28:19to that same interview room
28:21by that same detective?
28:23I was.
28:24And at this point in time,
28:26what did the detective
28:27say to you?
28:29When I was brought back,
28:30they read me the, uh...
28:32Miranda?
28:33Yes.
28:33Did you decide to talk
28:34to them this time?
28:37After learning that
28:38they had found Hammer's body
28:40and that Wilkerson
28:41and Hoffner
28:42had said that it was me
28:44that murdered him,
28:45yeah, I did.
28:46And you confessed
28:47to your role
28:48in the offense,
28:49is that right?
28:49Along with Wilkerson
28:50and Hoffner.
28:51No further questions.
28:52You may inquire.
28:53Thank you, Your Honor.
28:54Mr. Dixon,
28:55I want to pick things up
28:56right where Mr. Backman
28:58left off.
28:59That is late in the evening
29:00on November 9th.
29:02That was the time
29:03in the evening
29:04when you first confessed
29:06to murdering
29:06your friend Chris Hammer.
29:08Correct?
29:09Correct.
29:09Before you confessed
29:10to murdering Chris Hammer
29:12to those detectives,
29:13they warned you
29:14that you didn't have
29:15to speak with them, right?
29:17The second time, yes.
29:18Before you confessed
29:20to murdering Chris Hammer,
29:22those detectives told you
29:24that anything you told them
29:25could be used against you
29:27in a court of law, right?
29:28Yes.
29:29Before you confessed
29:30to murdering Chris Hammer,
29:31they told you
29:32that you had a right
29:33to an attorney.
29:34Right.
29:35Now, after you received
29:36all of those rights,
29:38you decided to waive
29:39those rights, correct?
29:41I did.
29:41But you chose
29:42to waive those rights
29:44only after hearing
29:46that Tim Hoffner
29:47had already been
29:48implicating you
29:49and claiming
29:50that you committed
29:51the murder, right?
29:52Right.
29:52And it was only
29:53after learning
29:54that Tim Hoffner
29:55had actually confessed,
29:58implicated you,
29:59and was still out of jail
30:01that you believed
30:02that might be
30:02my ticket out of jail, right?
30:04Yeah.
30:05And that,
30:05the ticket out of jail,
30:07is the reason
30:08you freely
30:08and voluntarily
30:09waived your rights
30:10and made a statement
30:11to the police
30:12about what you did
30:13to Chris Hammer,
30:14right?
30:15Yeah.
30:17A couple of questions
30:18on redirect.
30:19You may inquire, sir.
30:21So, Mr. Dixon,
30:22on November 9th,
30:24during the second interview,
30:26when they're telling you,
30:27I'm giving you
30:28your Miranda rights now,
30:29we want you to talk to us,
30:31and you decided to do that,
30:33did it scare you
30:34when they said
30:35they had found the body
30:36and now they want to talk?
30:38Did those words
30:39play in your head?
30:40I better get on that bus
30:42and I better be
30:43the first one in
30:44to confess
30:45in order to save
30:47myself the needle.
30:48Sure.
30:49No further questions.
30:50Witnesses excused.
30:55Mr. Manser,
30:56would you like to
30:57make a brief
30:58closing argument?
30:59I would, Your Honor.
31:00Your Honor,
31:01let's be clear here.
31:01There were two statements
31:03that Archie Dixon
31:04made to police detectives
31:06on November 9th.
31:07The first statement
31:08he made
31:09after not having
31:10received Miranda rights.
31:11You get no argument
31:12from the state.
31:13We recognize
31:13that any statement
31:14he made
31:15in that first session
31:16should be suppressed.
31:18However,
31:19later on
31:20in the evening
31:20upon getting
31:21new information,
31:22the police detectives
31:23took him out
31:24and we know this,
31:26that they read him
31:27his rights.
31:28He waived those rights
31:29and then he confessed.
31:30There was a reason
31:31why he chose
31:32that moment
31:32to waive his rights
31:33and that is simply
31:34the oldest reason
31:35we know
31:36to get out of jail.
31:37That's why he did it.
31:39That's why he freely
31:40and voluntarily
31:40waived the rights
31:42that he was aware
31:42he had
31:43and agreed to speak
31:44to the police.
31:45And that's why
31:46the confession
31:46was obtained
31:47through lawful
31:48and constitutional means
31:49and the court
31:50should not suppress it.
31:52Thank you, Your Honor.
31:53Thank you, Your Honor.
31:54So,
31:55we have an arrest
31:56on November 9th.
31:57We move on
31:58to the first interview
32:00at 1130
32:02and in an effort
32:03to avoid
32:04having Mr. Dixon
32:06clam up,
32:07they decide
32:07we're not going
32:08to Mirandize him
32:09and the excuse
32:11given by the officer
32:12is we weren't going
32:13to use that information.
32:15We just wanted
32:16to hear what he had
32:17to say.
32:18That's utter nonsense.
32:20And then in an effort
32:20to save themselves,
32:22they bring him back
32:23after receiving
32:24yet again
32:25more information
32:26about the body
32:28where it is.
32:29They bring him back
32:30and lo and behold,
32:31they've worn
32:32my client down.
32:34They get
32:34a full confession.
32:37That full confession
32:38is tainted.
32:40I say again,
32:41judge,
32:41as I ask
32:42the detective
32:43the question,
32:44the end
32:45doesn't justify
32:47the means.
32:48Thank you, Your Honor.
32:51We will now
32:52take a brief recess
32:53and I will return
32:54with my verdict.
32:59Court come to order?
33:00Your Honorable Judge
33:01Judy Scheinling presiding.
33:04I will now
33:05render my verdict
33:05in this matter.
33:09So what do we have?
33:10We have the initial
33:12two encounters
33:12where the defendant
33:14made no statement.
33:15This is not an issue
33:16of fruit of any
33:17poisonous tree.
33:18He didn't
33:19inculpate himself.
33:20It wasn't until
33:21somehow
33:22he had information,
33:24he had some information
33:25that something
33:26had happened
33:27and said,
33:28I want to talk to you.
33:28And then they
33:30mirandized him
33:31orally
33:31and in writing.
33:34And it wasn't until
33:35after he was
33:36mirandized
33:37that he decided
33:38to confess
33:39to his participation
33:41in this horrendous crime.
33:43I am confident
33:44that he understood
33:45what those
33:45Miranda warnings were.
33:46so there is no question
33:48in my mind
33:49that he was not
33:49coerced,
33:50that he was not
33:51enticed,
33:52that he was fully
33:53mirandized,
33:54and that the motion
33:54to suppress Mr. Backman
33:56is denied.
33:56This case will proceed
33:57to trial.
33:58Confession will be admitted.
34:00Thank you very much.
34:01At the trial
34:04of Archie Dixon,
34:06his controversial
34:06confession
34:07was allowed
34:08to be introduced
34:08into evidence
34:09for the jury
34:10to consider.
34:11He was found
34:11guilty
34:12of the brutal
34:13murder of his friend
34:14Chris Hammer,
34:15and he was sentenced
34:16to death.
34:18Dixon appealed,
34:19arguing that
34:20the trial court
34:21should not have
34:21allowed his confession
34:22to be admitted
34:24into evidence
34:24as the police
34:25had violated
34:26his rights
34:27under Miranda.
34:29Would his conviction
34:29and death sentence
34:30be overturned?
34:32Here's how it played out
34:33in the appeals court.
34:36Judges,
34:36this is case 102,
34:38Ohio v. Dixon.
34:40Thank you,
34:40Officer Britt.
34:41Counsel,
34:42please state
34:42your appearances
34:43for the record.
34:44Larry Backman
34:44on behalf of Archie Dixon.
34:46For the state of Ohio,
34:47I'm Dan Mencer.
34:48Mr. Backman,
34:49you may proceed
34:50with your opening statement.
34:52May it please the court,
34:53this is an appeal
34:55premised upon
34:57a violation
34:58of my client's
34:59Fifth Amendment rights
35:00and Sixth Amendment rights.
35:01Those violations
35:02occurred because of
35:04game playing
35:05on the part
35:06of law enforcement.
35:07They failed
35:07to give Miranda
35:08and they questioned
35:10my client
35:11and they get
35:12a confession
35:13because they told him,
35:14the first to get
35:15on the bus
35:16between you
35:17and your co-conspirator
35:19gets the deal.
35:20That is the very essence
35:23of an involuntary statement
35:25in violation
35:27of both my client's
35:28Fifth Amendment right
35:29against self-incrimination
35:30and to disregard,
35:33to ignore
35:34his Sixth Amendment right
35:36for a consul
35:36would be to ignore
35:39the protection
35:40that Miranda
35:40was designed
35:42to include.
35:43this court
35:44should reverse
35:45the sentence
35:46of death
35:46and find
35:47that my client's
35:49confession
35:49should have been
35:50thrown out
35:51by the lower court
35:52because it was
35:54involuntary
35:54and coerced.
35:56Submitted.
35:56Thank you,
35:58Mr. Backman.
35:59Mr. Mentzer,
36:00your statement, please.
36:01Thank you, Your Honor.
36:01The detectives
36:02in this case
36:03solved the murder
36:04of Christopher Hammer
36:05and they did so
36:06by using basic
36:07and time-honored techniques.
36:09They brought him in
36:10and Detective Kulakowski
36:13took a chance
36:14because he knew
36:15that if he was able
36:16to obtain a statement
36:17on that first encounter
36:19on November 9th,
36:21any inculpatory statement
36:22he wouldn't be able
36:23to use.
36:24But he got lucky
36:24because Archie Dixon
36:26denied having anything
36:27to do with the crime.
36:29Now, Archie Dixon
36:31came to them
36:32later on that evening
36:33and said,
36:34I heard you spoke
36:35with my friend.
36:36I want to talk to you
36:37because I want to be
36:38where I believe
36:39Tim Hoffner is
36:40and that's out of jail.
36:42That's how we know
36:43the statement was voluntary
36:44because he had
36:45something to gain.
36:46It was in his best interest
36:48to make that confession.
36:50There's nothing about
36:51what the detectives
36:52in this case did
36:53that was anything
36:54other than solid
36:55police work
36:56and we have
36:57a very dangerous man
36:58who is now on death row
36:59and we believe
37:00that this court
37:01should uphold
37:02the conviction.
37:04Thank you very much.
37:05We're going to retire
37:06you to delivery.
37:12We are not
37:13a unanimous court.
37:15Judge Acker
37:15and I are in the majority
37:16and I will give
37:17the majority opinion.
37:19The Fifth Amendment
37:20of the U.S. Constitution
37:22guarantees that no person
37:24while in police custody
37:26may be interrogated
37:27without first being advised
37:30of their right
37:30to remain silent
37:31and their right
37:32to a lawyer.
37:33On November 9th,
37:34during the first interrogation,
37:36detectives failed
37:38to administer Miranda warnings
37:40for fear Mr. Dixon
37:42would exercise his right
37:43to remain silent
37:45or ask for a lawyer.
37:47During the second interrogation,
37:48Mr. Dixon was read
37:50his Miranda warnings
37:51and confessed.
37:52The decision by police
37:53to interrogate Mr. Dixon
37:56in this manner
37:57violated his constitutional rights
38:00and therefore
38:01must be suppressed.
38:03For those reasons,
38:05Mr. Dixon's conviction
38:06is reversed,
38:08his death sentence vacated
38:10and the case is remanded
38:12to the state court
38:13which has 180 days
38:15to retry him
38:17but his confession
38:18is excluded.
38:23We know that Archie Dixon
38:25brutally murdered Chris Hammer
38:27but because of one
38:28questionable decision
38:30by a detective,
38:31a killer was set free.
38:34What do you think?
38:35Is that justice?
38:37On the one hand,
38:38we have to protect abuse
38:39against law enforcement
38:40but should a legal technicality
38:42let a murderer
38:44escape prosecution?
38:45if he had to tell
38:47the country
38:47if of kids
38:48it's not just
38:49for the reason
38:50to be sexual
38:50about it
38:50so he must WASM
38:53.
38:54And then
38:56we have to talk
38:56about so he's
39:00about to do
39:00so he訂閱
39:11and he everyone
39:11could be
39:12free
39:13to help
39:13other juntos
39:13and the day
Recommended
41:17
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