Federated States of Micronesia v Sangechik [1990] FMSC 6; 4 FSM Intrm. 210 (Truk 1990) (19 February 1990)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION

FSM CRIMINAL CASE NO. 1989-1510

FEDERATED STATES OF MICRONESIA

Plaintiff

V

KANTITO SANGECHIK

Defendant

ORDER

BEFORE: Richard H. Benson, Associate Justice

ORDER: February 19, 1990

APPEARANCES: For the Plaintiff: Steven P. Pixley, Esq., Office of the Attorney General, Federated States of Micronesia; For the Defendant: Dan Maloney, Esq., Office of the Public Defender, Federated States of Micronesia

HEADNOTE

Criminal Law and Procedure - Interrogation and Confession
A defendant's statement will be suppressed when the defendant has not been advised of all the rights set forth in 12 F.S.M.C. 218 (1-5), even though he was advised of the right to remain silent and the right to counsel and he waived those rights. FSM v. Sangechik, [1990] FMSC 6; 4 FSM Intrm. 210, 211-12 (Chk. 1990).

COURT'S OPINION

RICHARD H. BENSON, Associate Justice:

This matter came before the court on the motion of the defendant for an order suppressing any statement that the defendant made to law enforcement officers.

An evidentiary hearing was held on February 9, 1990. It is not contested that the defendant was not advised of the rights set forth in 12 F.S.M.C. 218, subsections (1), (2), (3), (4) and (5).

I find that the defendant was advised of his right to remain silent, and warned that if he answered questions, what he said could be used against him in court.

The defendant was also advised of his right to a lawyer, and that if he could not afford a lawyer, the government would appoint a lawyer to represent him.

The defendant understood these rights and voluntarily waived them, consenting to be questioned without a lawyer.

I conclude however that the defendant was questioned without being advised of all his rights as required by the statute. 12 F.S.M.C. 218 (6). The effect of this violation is to render inadmissible the evidence obtained. 12 F.S.M.C. 220. FSM v. Edward, [1988] FMKSC 6; 3 FSM Intrm. 224, 230-32 (Pon. 1987).

The motion to suppress is accordingly granted.