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  • Judge Mary-Lou Rup Ruling in Seth Lombard-Hawthorne Manslaughter Case

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    The Republican/MassLive.com
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    Judge Mary-Lou Rup suppresses some statements, evidence in case against Seth Lombard-Hawthorne, charged with manslaughter in Westfield overdose death.

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    Judge Mary-Lou Rup ruling in Seth Lombard-Hawthorne manslaughter case

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    Judge Mary-Lou Rup suppresses some statements, evidence in case against Seth Lombard-Hawthorne, charged with manslaughter in Westfield overdose death.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    9K visualizações19 páginas

    Judge Mary-Lou Rup Ruling in Seth Lombard-Hawthorne Manslaughter Case

    Enviado por

    The Republican/MassLive.com
    Judge Mary-Lou Rup suppresses some statements, evidence in case against Seth Lombard-Hawthorne, charged with manslaughter in Westfield overdose death.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 19
    COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT CRIMINAL ACTION No. 16-195 RAMPDEN cour SUBERIoR SOUT DB oct 20 207 seravomparnsiawrnone — (fhe fl FINDINGS OF FACT, RULINGS OF LAW AND ORDER ON DEF " O SUPPRESS COMMONWRALTHE Alampden County grand jor eotumed an indictment charging the defendant with invokatary manslaughter, unlawful éistelbution of heroin an fentanyl to «minor, nd unlawfl possesion of heroin and fentanyl The defendant has moved fo suppress statements he made ard evidence seized on Febrary 6, 2016 After evidentiary hearing, based on te evidence that found credible a well as reasonable inferences dean thereon, find and re es follows. ‘SURSIDIARY FINDINGS OP FACT (2) On Febraary 5-6, 2016, members ofthe Westiol Police Department and Massachusetts ‘State Police undertok an investigation into the ease ofthe death of Lillian Anderson CLIN"), a teenager found ded in her Westfield home. (2) On February 6°, at approximately 1:45 pm., Westfield Pole Detective Todd Edwards (wards) and to Massachusetts State Police officer (all dressed in police uniforms) drove to «MacDonalds Restaurant in Westfield hoping to speak with an employee, the defendant Seth Lombard-Hawthome (“he defendant”). After speaking briefly with the manager, the officers met c c the defendant ashe exited a restroom and was about to str his work shift. After brief conversation, the defendant agreed to speak withthe officers atthe Westfield police station, to “which he would drive in his own vehicle, The officers drove in their own cruisers and observed ‘that the defendant operated his vebele in an appropriate fashion. The drive lasted epproximetely 5 to 10 minutes, On ats the defendant parked in the police sation parking lt and met [Edwards a the rear door ofthe station. They walked down stairs, through two sets of locked doors and nto aa interview room. [find thatthe defendant had no difieulty navigating. (6) In the interview room, Edwards explained thatthe interview would be video and audio recorded, to which the defendant agreed. The defendant sat in the corner ofthe small room, and Eiwards st weroes a table from the defendent, between him and the door - which was not locked. ‘Shortly thereafter, at 2:01 pam., Massachusetts State Police Detective Michael McNally (CMoNally”) joined thems, Edwards indicated the he would go through “formalities” before beginning questioning, then read the Miranda warnings ftom a Westfield Pole Department “Miranda Rights” shect. The defendant indicated that he understood each ofthe rights. as they ‘were reed to im and was willing to speak with the offers. After reciting the right to counsel, ‘when Edwards asked if the defendant understood or if he should "go over that one wgain,” the defendant stated; “Ihave a right o have a lawyer, ight?” When Edwards finished reading, be ‘asked the defendant to initial the rights and to siga the Miranda rights form, adding “because paperwork makes the word go round.” (4) During the frst ten minntes ofthe interview, the fone was conversational. Although fidgeting attimes, the defendant appeared calm and attentive, was articulate and gave appropriate responses to the officers’ questions. The defendant described his background, and provided his seidess and telephone number. He was then 22 years ol, spent his in Westfield and had rusted tom Westfield Vocsional School, where he stuied lesa witing and graduated S* cout ofover tity students, Desexbing nse s“smar” be tated tat he began studying lect engineering t Holyoke Coamnity Clg, bu id ot complete his ties beease of inacil reasons He iad worked “on nd oft MaeDonales fr approximately five years, at Six Fage doing snomity work and at Cand S. He stated that he di not mind missing his shift that day at MacDonaas (6) Asin inerviewcontined the offers” questioning changed tothe purpose ofthe interview. “The defendant posited that e was probably the station because of “Something to do with drugs” He indicated that he was uncertain fhe wanted o answer questions about whatever kind of rugs te officer were “lng about -then he continued and sugested “po” MeNally responded that he wanted to be completely hoses and wate the defendant to be honest, but the ofcrs were ot here to dacs sed” The defendant asked ithe offers meant erin and then stad that he was having problem with heroin which he ad bec sing for “maybe” three months - and deserted the past fw mont as tribe ‘Tho defendant dese howe began heroin se and hate had wed the dealers, He deserted where two ive nd gave the name of titi and gencra area where he Hved (6 Fourteen ines er the interview began the defendant inereste “Is Lily okay" When Asked wiry he raised her name he responded that shes i fend. Heated that he ast poke ther on SpapChat he night before, and she sid she was fine, When sed the time, te leendan asked to look tis celia telephone, He asked ain, ts she oko?" Te defendant sud int he was worried Because he gave het “some” When McNally asked, “You gave her some heroin?” the defendant responded “I:plead the Fifth. I'm sory.” Edwards responded "stm nts 1 want answer that ues.” 2"Okay. So she asked you for something and you provided it to her?” ‘The defendant replied! “She said she was fine at 9:00." As the defendant answered questions, he periodically looked at his celular telephone in what appeared tobe an effort to clarify information about times and the nature of his conversations with Lily. (©) Winan MeNally seked hon the Ingo “stamp an the as, the dofendant responded “american Gangster” and added they were the strongest he had ever seen. He admitted giving 10, ‘hogs toher. Approsimataly twenty-one minutes after the interview began, the defendant began tw ory and asked again, “Is she okay?” (8) The defendant told the officers that as far ashe knew, Lily had usd heroin twice, but that she ‘id not realy talk about it. He described conversation with her on the prior day and that he fumished the bags 1 her during the aftemoon. When asked how they met the day before, the defendant stated that he needed a minute to think and to look through his telephone - presumably forthe time oftheir conversaton(s) He stated that Lily asked him for “lope” and then (at approximately 2:22) ingited again: “Is she okay?” The defendant stated that he did not charge het forthe bags because they are close fiends, and that her friend Emily (wit disapproved) accompanied her when they met the dy before. He repeated that he only gave Lily heroin one time and believed she had used heroin only one other time, but tha she spoke “a lo" about anex, At2:24 the defendant was crying, asked ops, “Is she alright?” and bepaa sobbing. The offices left the room fo get water for the defendant. He remained alone for approximately three ‘ninukes, during which he continually cried and sobbed (9) MeNally returned tothe room and asked the defendant if e had any drugs on him, Stil crying, the defendant responded “in my ca,” offered to take MeNally there, asked “did she die?” ‘and resumed sobbing. When he received no specific response the defendant stated: “Please shoot me." The officer askedif “the ste sa" was inthe defendants ar and the defendant responded “yeah” MeNally fe th oom. (40) Alone inthe room fer the next two minus, the defendant comiaued sobbing ncontolsbly, yperveniting at nes, When note ocr entered te rom, the defindant ‘won aka him to shoot him =o kil him. He continued sobbin fr the next hoe to four rns, At one ponte defendant removed his lll lephone fom his poskt ify looked tits sren, then plaedit on the desk eacent ti. (11 Atapproximately 2:36, MeNelly re-entered the oom an nstucte the defendant toy ‘ll hms together He moved the defendant's elle leone to the desk wher he (eral had been seated. MeNely sk the defendant wherce obtained the heroin Over the eto an onshore mints the fondant old he oes tat fend “Mie,” his smote and sister sold heroin and ha one day he pave Mitch a bunch of ids" when Mitch night have beon dsibting. During hs portion ofthe faterview th defendant appeared more composed (41) However, at approximately 238, te defendant esuned eying and sobbing. Bavaro short before had re-ntered the oom holding paperwork, tempted to r-foes the defeats attention and sta nod ou lsening okay?” Me continued: “Remeber said paperwork nas the word go round? Soave trea you this, okay? So you'e pong tallow me to seach our crs can gra he heron 20 fan take it nt of your possession. Does that sound {nv Bdvards ead loud fom a WesteléPoice Deparment form ented “Permission to Search” When asked ithe understood, the defendant may have rove or weed “yah. The defendant didnot appear to be following as Bands ead the form, ying continually and frequently looking nay. When Ears fished reading om he for, he asked “Do you c io ‘understand that? Do you want to read it?” The defendant responded “ don’ care. Do whatever yu iced to do I'l sign whatever you need me to sign.” Edwards stated that he had to make certain the defendant was “doing this" and “knowingly.” He added that i that was mi, he was going to allow the defendant to read the foem and needed him to sign it.The time was 241. The defandant was sobbing and puthis head onthe desk. When he looked up, ke signed bat did not rea the form, The defendant stated thatthe drugs were inthe ashtray and that he had unused lin needs ins backpack nthe rink This ear. The defendant acknowledged that heh stole trafic cones in his car. He began sobbing spin (12) Newt, 243, Edwards directed the defendant's stenton this celular telephone and asked ithe could take lok ait” The defendant, til eying suid: “Takei, Take it"Pawans asked the defendant sig form giving permission to serch digital device, othe oficers could “conf the soy thedefenant told hem was ve" As Eder read fom the form ented “Peamission to Search Digit Devic,” he defendant looke away an then appear to ook at the form asf reading along, When Bawa Fnishe he asked the defendant “Is that okay?” Sileryng, the defendant responded “Is sh lve? and resumed sobbing. Pavan tempted to ‘e-ficus the defendant onthe mater at hand, yng: ned yout kind of be rogeter whe fm ending ths, oy? Seth, okay?” The defendants tings my best end ded? 1 don't give a about my phone othe dwg deslers” When wan responded “okay the defendant sed gain: "I abo alive?” Aan, Ears steed “ned you to be wih me okay and repeated that he would be Bones with the dofendant and ssked ifthe defendant would be honest wih im, Iwas 2:47. Edad looked toward MeNelly, hea stated “Okay. She assed” ‘The defendant beyan sobbing uncontrollably. Fdwards, agin sought to redirect the defendant's * appears tat MeNally may hae had the telephone. tention to pennission to search his cellular telephone, saying: “But we need to take care of some...” Sill sobbing uncontollebly, the defendant stated: “Tnced to die." Again, the officers attempted to have the defendant focus on the permission to serch his cellular telephone. They sought to reassure him, stating: “Fit wasnt from you, it was from someone else" then reiterated the need to get the story." The defendant contined sobbing. Rdwards asked if he understood the ‘form ftom which he reed minutes earlier. At approximately 2:49, the defendant signed the permission form without reading it and continued sobbing. (13) The topie ofthe interview changed after the defendant signed the form, The officers sought to obtain more information about “Mitch,” a person from whom the defendant had purchased rags in the pest, and showed hima a photograph of Mitch’s mother, who the defendant had earlier stated also sold drugs. The defendant appeared attentive for shor periods of time, but resumed sobbing, Onee agun, the officers sought to eal the defendant, noting that he had not ben in trouble before” and was na the “typical person” with witom they dealt Still rying and sobbing, the defendant stated I deserve to die yes Ido, She'd be alive i it wasn't for me.” The taped portion of the interviow endod fifty minutes after it began, at 2:51. (14) 1 tappeers that over the next ninety minutes, th officers persuaded the defendant fo contact “Mitch” in onde to arange a drug purchase. At the videstping xsipment was re-activated as another pie ocr iets by the partes as Sergeant Dickenson (‘Dickenson entre the ineviow room, The detent appeared mre composed ase spoke with the ocr, tating hath bad signe a form for “whitever they want” He acknowledge that hed received ‘Miranda warnings and was familie with them. When asked how often he sold drugs to Lily, the 2 tes meme of iy, the Coston and the defendant identi th oer Seas Dicken, defendant explained that he didnot sell ther, and only provided drugs to her two times. He ‘ated that he was not making money and was nota dealer. He began crying. The defendant

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