Showing posts with label Pierre Rollin. Show all posts
Showing posts with label Pierre Rollin. Show all posts
Saturday, January 12, 2008
Friday, January 04, 2008
Update on Rollin's trial, and a note on urls
End of trial near
On Thursday, 14 jury members listened to possibly the last witness in a two-and-a-half-month-long trial for Orick resident Joseph Pierre Rollin.
Rollin and Joi Wright lived together in Orick, and he acted as her informal caretaker. When she died in March 2002 at age 42, she was bedridden with a disease that required a catheter.
Rollin is charged with dependent adult abuse and two enhancements — proximately causing death and inflicting great bodily injury. This is a retrial, if you Recall.
Note: In the course of the Eureka Reporter's web update, all old urls are dead. I'll be working on converting all the old urls to the new ones, but it's going to be a very time consuming process. So if you're following this story, and the links don't work, try going to watchpaulARTICLES, where I've archived some of the articles, or try searching the headline at the Eureka Reporter site. The same holds true for coverage of the indictments of Douglas and Zanotti, the Cheri Moore coverage.
One thing is - if you take the title of the story and use it to Search the Eureka Reporter site, the stories are all there and they will come up - they've just had their address changed.
On Thursday, 14 jury members listened to possibly the last witness in a two-and-a-half-month-long trial for Orick resident Joseph Pierre Rollin.
Rollin and Joi Wright lived together in Orick, and he acted as her informal caretaker. When she died in March 2002 at age 42, she was bedridden with a disease that required a catheter.
Rollin is charged with dependent adult abuse and two enhancements — proximately causing death and inflicting great bodily injury. This is a retrial, if you Recall.
Note: In the course of the Eureka Reporter's web update, all old urls are dead. I'll be working on converting all the old urls to the new ones, but it's going to be a very time consuming process. So if you're following this story, and the links don't work, try going to watchpaulARTICLES, where I've archived some of the articles, or try searching the headline at the Eureka Reporter site. The same holds true for coverage of the indictments of Douglas and Zanotti, the Cheri Moore coverage.
One thing is - if you take the title of the story and use it to Search the Eureka Reporter site, the stories are all there and they will come up - they've just had their address changed.
Saturday, November 17, 2007
Another case of Justice delayed
Despite her debilitating illness, Joi Henderson Wright found ways to indulge her zest for life and her love of the outdoors, here participating in tandem skydiving in the mid-1990s. Submitted photo/the Henderson family. Previous article: A mother's last chance for justice
Judge views taped evidence in dependent abuse case
Joseph Pierre Rollin stands accused of dependent abuse, with the additional allegations that he proximately caused the death of the victim, 42-year-old Joi Henderson Wright, and that he inflicted great bodily injury on her.
The videotape viewed Thursday by Superior Court Judge Timothy Cissna was recorded in an Austin, Texas, police station on April 10, 2003, more than a year after Wright’s death, and contains almost four hours of discussion between Rollin and Chris Cook, then a senior investigator for the Humboldt County District Attorney’s Office.
Remember the original conviction was overturned because Gallegos used the non-Mirandized initial denial of guilt as evidence, arguing that his denial was proof of his guilt - rather than simply using the Mirandized Admission of guilt.
Now - It remained unclear when opening arguments would begin. Cissna, apparently frustrated by the pace of proceedings, reminded the attorneys that they had told him the trial would end by Christmas.
“From my observation, the chance of that happening is absolutely zero,” Cissna said. “We haven’t even finished the first motion.”
Jury selection is expected to resume Nov. 26, after Thanksgiving, but two additional weeklong recesses are scheduled in December.
Wednesday, November 14, 2007
Rollin retrial proceeds...
Delays persist in retrial of suspect for dependant abuse
Jury selection got under way last week in the retrial of the licensed caregiver convicted three years ago in connection with the 2002 death in Orick of Joi Henderson Wright, but it remains unclear whether opening arguments will begin any time soon.
Joseph Pierre Rollin stands accused of felony abuse of a dependant adult, with the enhancements of causing great bodily injury and proximately causing Wright’s death.
If he is convicted of the charge and the jury additionally finds both enhancements to be true, as a previous jury did in 2004, Rollin could face an additional 28 months in prison.
But without the enhancements, Rollin, who has been in custody since his capture in April 2003, could be eligible for release immediately, even if convicted on the felony charge.
Humboldt County Deputy District Attorney Ben McLaughlin, who is prosecuting Rollin this time, said the decision to retry the suspect was based on a variety of factors.
“Essentially, the impetus for going forward is to make sure he can no longer be a care provider in the state of California,” McLaughlin said Monday, “and obviously consideration for the family and the victim.”
Wright, 42, who suffered from multiple sclerosis, is believed to have died on or around March 19, 2002, in a condemned trailer in Orick.
Records on file at the Humboldt County Coroner’s Office indicate that at the time of her death she weighed only 60 pounds and was swathed in a soiled disposable diaper.
Rollin was convicted in September 2004, but the conviction was overturned on appeal in December because statements he allegedly made before being read his Miranda rights were used as evidence against him at trial.
Pretrial maneuverings have proceeded slowly since March, when Rollin was returned to Humboldt County, and stacks of motions filed by both the prosecution and defense — along with three separate weeklong recesses already scheduled within the next six weeks — are unlikely to speed things up.
In one motion alone, Rollin’s lead defense attorney Barry Morris asks the court to exclude seven categories of evidence Morris calls “speculative,” including testimony about “events that never happened.”
Other motions filed by Morris and his co-counsel, Matthew Fregi, challenge testimony from Wright’s mother as “irrelevant,” call statements and remarks by various involved parties “unduly prejudicial” and seek to exclude as hearsay some remarks made by witnesses who testified at the first trial.
McLaughlin filed responses to those motions and added a few of his own, requesting that the court admit postmortem photographs of Wright and post-Miranda statements made by Rollin.
McLaughlin said arguments about the motions could begin Thursday, but the courts will be closed next week for the Thanksgiving holidays.
Testimony could begin the following Monday, but would then recess for another week beginning Dec. 3 when the judge goes on vacation.
That leaves only two weeks before the courts close again the week of Christmas.
McLaughlin said approximately 140 prospective jurors were being screened to hear the case.
Jury selection got under way last week in the retrial of the licensed caregiver convicted three years ago in connection with the 2002 death in Orick of Joi Henderson Wright, but it remains unclear whether opening arguments will begin any time soon.
Joseph Pierre Rollin stands accused of felony abuse of a dependant adult, with the enhancements of causing great bodily injury and proximately causing Wright’s death.
If he is convicted of the charge and the jury additionally finds both enhancements to be true, as a previous jury did in 2004, Rollin could face an additional 28 months in prison.
But without the enhancements, Rollin, who has been in custody since his capture in April 2003, could be eligible for release immediately, even if convicted on the felony charge.
Humboldt County Deputy District Attorney Ben McLaughlin, who is prosecuting Rollin this time, said the decision to retry the suspect was based on a variety of factors.
“Essentially, the impetus for going forward is to make sure he can no longer be a care provider in the state of California,” McLaughlin said Monday, “and obviously consideration for the family and the victim.”
Wright, 42, who suffered from multiple sclerosis, is believed to have died on or around March 19, 2002, in a condemned trailer in Orick.
Records on file at the Humboldt County Coroner’s Office indicate that at the time of her death she weighed only 60 pounds and was swathed in a soiled disposable diaper.
Rollin was convicted in September 2004, but the conviction was overturned on appeal in December because statements he allegedly made before being read his Miranda rights were used as evidence against him at trial.
Pretrial maneuverings have proceeded slowly since March, when Rollin was returned to Humboldt County, and stacks of motions filed by both the prosecution and defense — along with three separate weeklong recesses already scheduled within the next six weeks — are unlikely to speed things up.
In one motion alone, Rollin’s lead defense attorney Barry Morris asks the court to exclude seven categories of evidence Morris calls “speculative,” including testimony about “events that never happened.”
Other motions filed by Morris and his co-counsel, Matthew Fregi, challenge testimony from Wright’s mother as “irrelevant,” call statements and remarks by various involved parties “unduly prejudicial” and seek to exclude as hearsay some remarks made by witnesses who testified at the first trial.
McLaughlin filed responses to those motions and added a few of his own, requesting that the court admit postmortem photographs of Wright and post-Miranda statements made by Rollin.
McLaughlin said arguments about the motions could begin Thursday, but the courts will be closed next week for the Thanksgiving holidays.
Testimony could begin the following Monday, but would then recess for another week beginning Dec. 3 when the judge goes on vacation.
That leaves only two weeks before the courts close again the week of Christmas.
McLaughlin said approximately 140 prospective jurors were being screened to hear the case.
Friday, October 05, 2007
Delays
Rollin retrial confirmation delayed
Two evidentiary motions filed by attorneys unrelated to the prosecution or defense in the retrial of Joseph Pierre Rollin upended court proceedings Wednesday and delayed a trial confirmation hearing.
This case is being retried because the verdict was thrown out on appeal after a higher court determined that Gallegos used statements during the trial that were made by the defendant before he had been read his Miranda rights.
That is to say, Gallegos used Rollins' non-Mirandized denial of guilt as evidence rather than his Mirandized confession, reasoning that denying he was guilty proved he was guilty, something like that.
Deputy District Attorney Ben McLaughlin will prosecute the case this time around, with jury selection expected to begin later this month.
It's a horrific case, and it looks like McLaughlin is the office's new heavy hitter.
***
Attorneys' pretrial wrangling continues in dependent abuse case
***
As previously reported: "Joi died on March 19, 2002, probably bent into the bathtub of a condemned trailer in Orick, her body weighing only 60 pounds and swathed in a soiled disposable diaper.
A medical examiner determined that Joi, 42 years old and long rendered helpless by multiple sclerosis, died from lobar pneumonia with a variety of contributing factors.
These included MS, malnutrition, a urinary tract infection from a catheter that hadn’t been cleaned in several months and 20 or more feces-infected bedsores, two of which gaped so wide and deep that the bones beneath were exposed."
Joseph Pierre Rollin "was convicted only of the enhanced abuse of a dependent adult and was sentenced to eight years in prison.
But in December, the conviction was reversed on appeal because, court documents show, Gallegos repeatedly used Pierre’s non-Mirandized denial of responsibility for Joi’s death — later refuted by a Mirandized confession — as evidence of his guilt.
Two evidentiary motions filed by attorneys unrelated to the prosecution or defense in the retrial of Joseph Pierre Rollin upended court proceedings Wednesday and delayed a trial confirmation hearing.
This case is being retried because the verdict was thrown out on appeal after a higher court determined that Gallegos used statements during the trial that were made by the defendant before he had been read his Miranda rights.
That is to say, Gallegos used Rollins' non-Mirandized denial of guilt as evidence rather than his Mirandized confession, reasoning that denying he was guilty proved he was guilty, something like that.
Deputy District Attorney Ben McLaughlin will prosecute the case this time around, with jury selection expected to begin later this month.
It's a horrific case, and it looks like McLaughlin is the office's new heavy hitter.
***
Attorneys' pretrial wrangling continues in dependent abuse case
***
As previously reported: "Joi died on March 19, 2002, probably bent into the bathtub of a condemned trailer in Orick, her body weighing only 60 pounds and swathed in a soiled disposable diaper.
A medical examiner determined that Joi, 42 years old and long rendered helpless by multiple sclerosis, died from lobar pneumonia with a variety of contributing factors.
These included MS, malnutrition, a urinary tract infection from a catheter that hadn’t been cleaned in several months and 20 or more feces-infected bedsores, two of which gaped so wide and deep that the bones beneath were exposed."
Joseph Pierre Rollin "was convicted only of the enhanced abuse of a dependent adult and was sentenced to eight years in prison.
But in December, the conviction was reversed on appeal because, court documents show, Gallegos repeatedly used Pierre’s non-Mirandized denial of responsibility for Joi’s death — later refuted by a Mirandized confession — as evidence of his guilt.
Tuesday, June 12, 2007
Other News w Toomey update
The Rollins case:
New date set for murder retrial
***
The Toomey case:
- Plea may add more time to accused child molester's sentence
He's going to plead to more than he would have gotten if he was convicted on the original charges?
Update to the Toomey case:
Resolution to sex case reached; defendant must register as sex offender for life
Humboldt County Superior Court Judge Timothy Cissna granted an amended complaint Tuesday against Jacob Charles Toomey.
The amended complaint — a resolution to the case agreed upon by both the prosecution and defense on Monday — lists 10 charges instead of the initial three Toomey, 28, of Redway, had been charged with.
The new complaint, read aloud in court, charges Toomey with one count of a lewd and lascivious act against a child, age 14 or 15, when the perpetrator is more than 10 years older, and nine counts of unlawful sexual intercourse with a minor under 16, when the defendant is 21 or older.
Toomey pleaded guilty to the new charges in Cissna’s courtroom Tuesday.
The stipulated sentence, Cissna announced in court, consists of 12 years in prison.
Toomey will also have to register, for life, as a sex offender and pay restitution to the victim for all out-of-pocket expenses.
Such out-of-pocket expenses Cissna listed in court Tuesday include, but are not limited to, counseling, medical care and cost of delivery.
As long as he gets felony prison time, and not probation.
As I understand it - What he is charged with is known as a 'wobbler" meaning they can either be a misdemeanor or a felony. Unless he is sentenced to prison, even if he pleads to a felony, after he serves his sentence or probation, he lawfully petition the court to have his sentence reduced to a misdemeanor and then have it expunged, as if it never happened.
Correct me if I am wrong. It's complicated, and this stuff never gets explained, what these sentences really mean.
But, we'll find out more, I guess. Toomey will not be sentenced until June 20, by Humboldt County Superior Court Judge Christopher Wilson.
I'm curious what "cost of delivery" refers to. The obvious inference... geez.
other blog discussion: Well, if she was 14
Update 6/20/07:
ER Man sentenced to 12 years in molestation case, must register as sex offender
A Redway man will have to register as a sex offender for life as part of his sentence that was handed down Wednesday afternoon.
In addition to the lifetime sex registration, Jacob Charles Toomey, 28, was sentenced to 12 years in state prison Wednesday — the stipulated sentence per his plea agreement, confirmed Humboldt County Deputy District Attorney Jeffrey Schwartz.
New date set for murder retrial
***
The Toomey case:
- Plea may add more time to accused child molester's sentence
He's going to plead to more than he would have gotten if he was convicted on the original charges?
Update to the Toomey case:
Resolution to sex case reached; defendant must register as sex offender for life
Humboldt County Superior Court Judge Timothy Cissna granted an amended complaint Tuesday against Jacob Charles Toomey.
The amended complaint — a resolution to the case agreed upon by both the prosecution and defense on Monday — lists 10 charges instead of the initial three Toomey, 28, of Redway, had been charged with.
The new complaint, read aloud in court, charges Toomey with one count of a lewd and lascivious act against a child, age 14 or 15, when the perpetrator is more than 10 years older, and nine counts of unlawful sexual intercourse with a minor under 16, when the defendant is 21 or older.
Toomey pleaded guilty to the new charges in Cissna’s courtroom Tuesday.
The stipulated sentence, Cissna announced in court, consists of 12 years in prison.
Toomey will also have to register, for life, as a sex offender and pay restitution to the victim for all out-of-pocket expenses.
Such out-of-pocket expenses Cissna listed in court Tuesday include, but are not limited to, counseling, medical care and cost of delivery.
As long as he gets felony prison time, and not probation.
As I understand it - What he is charged with is known as a 'wobbler" meaning they can either be a misdemeanor or a felony. Unless he is sentenced to prison, even if he pleads to a felony, after he serves his sentence or probation, he lawfully petition the court to have his sentence reduced to a misdemeanor and then have it expunged, as if it never happened.
Correct me if I am wrong. It's complicated, and this stuff never gets explained, what these sentences really mean.
But, we'll find out more, I guess. Toomey will not be sentenced until June 20, by Humboldt County Superior Court Judge Christopher Wilson.
I'm curious what "cost of delivery" refers to. The obvious inference... geez.
other blog discussion: Well, if she was 14
Update 6/20/07:
ER Man sentenced to 12 years in molestation case, must register as sex offender
A Redway man will have to register as a sex offender for life as part of his sentence that was handed down Wednesday afternoon.
In addition to the lifetime sex registration, Jacob Charles Toomey, 28, was sentenced to 12 years in state prison Wednesday — the stipulated sentence per his plea agreement, confirmed Humboldt County Deputy District Attorney Jeffrey Schwartz.
Wednesday, May 23, 2007
Meanwhile:
Gallegos has the Applegate trial -
ER - Children of slain man take the stand in his murder trial
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Several witnesses testify during second day of attempted murder trial
and -
ER - Retrial for man accused in Orick woman's death moved back a month
and -
ER - Omholt returns to court Monday
and -
ER - Sentencing continued in statutory rape trial
5/30/07 More on Applegate:
ER - Sheriff's detective takes stand in murder trial
ER - Children of slain man take the stand in his murder trial
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Several witnesses testify during second day of attempted murder trial
and -
ER - Retrial for man accused in Orick woman's death moved back a month
and -
ER - Omholt returns to court Monday
and -
ER - Sentencing continued in statutory rape trial
5/30/07 More on Applegate:
ER - Sheriff's detective takes stand in murder trial
Tuesday, May 01, 2007
IRONY OF IRONIES
Rollin, Kesser appear in court to handle retrial issues
Richard Craig Kesser and Joseph Pierre Rollin appeared together briefly in Judge Timothy Cissna’s courtroom Monday afternoon at the Humboldt County Courthouse.
Kesser, convicted for his role in the 1992 murder of his ex-wife, and Rollin, convicted in connection with the 2002 death of Orick resident Joi Henderson Wright, sat quietly for the most part as their attorneys handled technical matters related to their possible retrials.
Kesser’s conviction was overturned in September, when an appeals court ruled former Humboldt County Deputy District Attorney Worth Dikeman had made racially based remarks during the jury selection process.
Rollin’s conviction was overturned in December because DA Paul Gallegos used Rollin’s non-Mirandized denial of responsibility as evidence against him.
And, Allison Jackson, who spent two years preparing the Rollin case, now represents Joi Henderson Wright's family.
Looks like you may see justice after all.
Related/Update:
Judge continues Kesser, Leahy murder retrial to early July
Judge denies bail to murder suspect
Richard Craig Kesser and Joseph Pierre Rollin appeared together briefly in Judge Timothy Cissna’s courtroom Monday afternoon at the Humboldt County Courthouse.
Kesser, convicted for his role in the 1992 murder of his ex-wife, and Rollin, convicted in connection with the 2002 death of Orick resident Joi Henderson Wright, sat quietly for the most part as their attorneys handled technical matters related to their possible retrials.
Kesser’s conviction was overturned in September, when an appeals court ruled former Humboldt County Deputy District Attorney Worth Dikeman had made racially based remarks during the jury selection process.
Rollin’s conviction was overturned in December because DA Paul Gallegos used Rollin’s non-Mirandized denial of responsibility as evidence against him.
And, Allison Jackson, who spent two years preparing the Rollin case, now represents Joi Henderson Wright's family.
Looks like you may see justice after all.
Related/Update:
Judge continues Kesser, Leahy murder retrial to early July
Judge denies bail to murder suspect
Sunday, April 29, 2007
"Justice for All"?
"Joi died on March 19, 2002, probably bent into the bathtub of a condemned trailer in Orick, her body weighing only 60 pounds and swathed in a soiled disposable diaper.
A medical examiner determined that Joi, 42 years old and long rendered helpless by multiple sclerosis, died from lobar pneumonia with a variety of contributing factors.
These included MS, malnutrition, a urinary tract infection from a catheter that hadn’t been cleaned in several months and 20 or more feces-infected bedsores, two of which gaped so wide and deep that the bones beneath were exposed."
Joseph Pierre Rollin "was convicted only of the enhanced abuse of a dependent adult and was sentenced to eight years in prison.
But in December, the conviction was reversed on appeal because, court documents show, Gallegos repeatedly used Pierre’s non-Mirandized denial of responsibility for Joi’s death — later refuted by a Mirandized confession — as evidence of his guilt.
Joseph Pierre Rollin was returned to the Humboldt County jail last week and is scheduled to appear Monday (April 30, 2007) for a new pre-trial hearing."
Joi's mother, Betty "has tried repeatedly to contact the DA" but he has not spoken to her.
I just don't get it. Why? Why hasn't he called her back?
Why did Paul Gallegos run for the job of District Attorney? He made alot of pronouncements about what he thought doing the job meant.
Well, talking to victim's families is part of that job, and in fact, helping victim's families find justice ought to be the most pleasurable and rewarding part of his job.
Instead he says (in an e-mail to the Eureka Reporter) "“As with all cases, we operate on the assumption that they will be tried. We are also obligated to listen and evaluate all evidence related to any possible legal, factual and equitable issues and we will. I am under the assumption that Ms. Henderson is being assisted by one (of) our most experienced victim witness advocates. I believe she will confirm that. Any possible pre-trial resolution would be discussed with the family prior to being agreed to. Of course, the ultimate decision rests entirely with me and I will exercise that authority vested in me with an eye toward balancing the duty to impose an appropriate consequence while tempering that with compassion.”"
What happened to "Justice for all!"?
It's not Palco - but what about justice for Joi Henderson Wright and her family?
Rollin, Kesser appear in court to handle retrial issues 5/1/07
ER - A mother's last chance for justice 4/28/07
Previous post: Rollins Case Overturned 12/14/06
The history:
ER - Ruling of man accused of causing the death of Orick woman overturned 12/13/2006
ER - Appeal Likely In Caregiver Case; Families Await Sentencing Hearing 10/1/04
ER - Abuse Case Weak Against Brother, Trial Of Caregiver To Begin 8/6/04
ER - Caregiver Found Guilty Of Dependent Abuse, Death 9/2/04
ER - Brother of caregiver sentenced to five years supervised probation 11/10/04
ER - Caregiver Trial Heads To Jury Later This Week 8/31/04
ER - Bench Warrant Issued For Man Who Was Recently Given Plea Bargain 8/31/04
ER - Caregiver Gets Eight Years For Causing Woman’s Death 10/6/04
ER - Jury Deliberating Caregiver Case 8/31/04
There are also twelve stories in the Times Standard, but they are not freely available online.
Brother of convicted dependent adult abuser sentenced on embezzlement charges 11/10/04
Brother of recently sentenced dependent abuser arrested 10/9/04
Dependent adult abuser sentenced to three years 10/6/04
Former caregiver found guilty in woman's death 9/3/04
Dependent abuse trial goes to jury 9/1/04
Closing arguments begin in dependent abuse trial 8/31/04
Manslaughter trial finishes first week of testimony 8/21/04
Deputy briefly takes the stand in manslaughter trail 8/20/04
Nurse only witness Wednesday in manslaughter trial 8/19/04
Dependent adult abuse trial enters second day 8/18/04
Dependent adult death trial begins 8/17, 2004
Grand jury probes death of disabled woman 7/8/04
Thursday, December 14, 2006
Gallegos' Rollins case overturned w/UPDATE
REVERSED ON APPEAL.
Ruling of man accused of causing the death of Orick woman overturned
Update:
In essence, there were several statements taken from the defendant. One was "Mirandized." One wasn't.
In the investigator's first interview, Rollin started talking before she had read him his rights. He denied any guilt.
In the subsequent interview, after having been read his rights, Rollin admitted guilt.
Instead of using the Mirandized admission of guilt, Gallegos made extensive use of the first statement. He used the un-Mirandized denial.
In other words, he used an illegal statement that was irrelevant and unnecessary.
In making its ruling the Appeals Court couldn't even consider it to be harmless error because Gallegos had made it central to his argument, playing both the videotape of the un-Mirandized statement, then contrasting it with the legally taken audio-taped Mirandized statement - and explicitly telling the jury to consider it as circumstantial evidence of Rollin guilt - apparently failing to understand the folly of using an un-Mirandized statement.
Read the full Ruling
The Appeals Court found that: 'Joseph Pierre Rollin appeals his conviction for abuse of a dependent adult. We reverse because a statement obtained in violation of the rule announced in Miranda v. Arizona (1966) 384 U.S. 436 was admitted at trial as evidence of his guilt, and the error was not harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18, 24.)"
Ruling of man accused of causing the death of Orick woman overturned
Update:
In essence, there were several statements taken from the defendant. One was "Mirandized." One wasn't.
In the investigator's first interview, Rollin started talking before she had read him his rights. He denied any guilt.
In the subsequent interview, after having been read his rights, Rollin admitted guilt.
Instead of using the Mirandized admission of guilt, Gallegos made extensive use of the first statement. He used the un-Mirandized denial.
In other words, he used an illegal statement that was irrelevant and unnecessary.
In making its ruling the Appeals Court couldn't even consider it to be harmless error because Gallegos had made it central to his argument, playing both the videotape of the un-Mirandized statement, then contrasting it with the legally taken audio-taped Mirandized statement - and explicitly telling the jury to consider it as circumstantial evidence of Rollin guilt - apparently failing to understand the folly of using an un-Mirandized statement.
Read the full Ruling
The Appeals Court found that: 'Joseph Pierre Rollin appeals his conviction for abuse of a dependent adult. We reverse because a statement obtained in violation of the rule announced in Miranda v. Arizona (1966) 384 U.S. 436 was admitted at trial as evidence of his guilt, and the error was not harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18, 24.)"
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