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In re Doe

Court of Appeals of Idaho

November 20, 2017

In the Interest of: JOHN DOE (2016-39)
JOHN DOE (2016-39), Respondent. STATE OF IDAHO, Petitioner-Appellant,

         2017 Opinion No. 63

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Gerald F. Schroeder, Senior District Judge. Hon. William Harrigfeld, Magistrate.

         Order of the district court affirming magistrate's order granting motion to suppress, affirmed.

          Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for appellant.

          Dowdy Law Office; J. Scott Dowdy, Kuna, for respondent.

          GRATTON, Chief Judge.

         The State appeals from the district court's appellate decision affirming the magistrate court's order granting John Doe's motion to suppress statements Doe made to detectives during the course of an investigation.



         The following facts were addressed in the magistrate's memorandum decision and order:

On August 28, 2014, Detective Joe McCarthy (McCarthy) of BPD, interviewed [Doe] in connection with an investigation into potential lewd conduct with a minor that occurred on August 23, 2014. McCarthy interviewed [Doe] in his office at [the junior high school]. [Doe] was 14 years old at the time and a freshman at [the junior high school]. It is unclear from the report if the office doors were closed, but [Doe] was alone in the officer [sic] with McCarthy. McCarthy never indicated to [Doe] that he did not have to speak with him, nor that [Doe] was free to leave at any time that he desired. In his report, McCarthy indicates at the outset that he did not Mirandize [Doe] because he believed he was a potential witness rather than a suspect in the alleged incident. McCarthy indicated in his report that a portion of the interview with [Doe] was recorded; however, discovery materials received by counseling [sic] did not include any audio of McCarthy's interview. Due to the lack of the actual recording, it is impossible to determine neither the length of time that [Doe] was interviewed nor the exact nature of the questioning.
McCarthy asked [Doe] about the relationship between the alleged victim [] and [witness] due to the fact that [witness] was a suspect in the lewd conduct incident. During questioning, [Doe] indicated that [victim] "came onto" him by crawling in his lap and wanted to make out with him. McCarthy indicates that [Doe] was a witness and so he "continued to ask about [victim's] behavior believing that he might talk about [victim] and [witness]." [Doe] proceeded to tell McCarthy that he witnessed [victim] without her bra and shirt and that [victim] again approached him. McCarthy asked [Doe] what he did and if he reciprocated [victim]'s advances "believing that if he talked about actions he might talk about [witness]. McCarthy states that [Doe] indicated that he kissed [victim] and that she gave him a "hand job" while gesturing that he touched her chest. [Doe] then added that [victim] gave him a "blow job" that lasted 3 to 5 seconds.
At this point, McCarthy indicates that he stepped out of the room to call Detective Angie Munson (Munson) and tell her about [Doe]'s disclosures. McCarthy reports that he "returned to his office a short time later and [Doe] told me that he had vaginal intercourse with [victim] for about 5 seconds when he stopped because he noticed that she was not responding to him when he spoke her." McCarthy then states that [Doe] was sent back to class.
After McCarthy's interview, it was determined that the crime took place outside Boise city limits and Detective Munson turned the investigation over to Detective Matthew Buie (Buie) of the ACSO. During a briefing on August 28, 2014, where a number of detectives were present, Munson informed Buie of the status of the investigation to that point. Munson indicated that [Doe] had admitted to having sex with [victim] during an interview with McCarthy. McCarthy arrived late to the briefing and informed Buie of the details of [Doe]'s interview. McCarthy indicated "that he didn't realize that [Doe] was a suspect during his interview with him and did not provide him with Miranda rights." McCarthy further explained that he believed that [Doe] was only a possible witness "until [Doe] admitted to having sexual contact with [victim]."
Following the briefing, Buie interviewed [witness] on August 28, 2014 at his house in an attempt to get more information about [Doe]'s sexual contact with [victim]. At 18:31 Buie walked into the garage with [witness] and asked him if anyone had sex with [victim]. [Witness] responded that no one was ever alone with [victim] in the garage. Buie told [witness] that he knew [Doe] had sex with [victim]. [Witness] then indicated that [victim] was "touchy touchy" with [Doe]. Buie then met with [witness]'s mother and got permission to interview him in the garage. At 18:39 Buie again interviewed [witness] in the garage and asked [witness] for more detailed information about what happened between [victim] and [Doe]. [Witness] stated that [victim] was trying to get [Doe] to do "stuff." Buie wanted to clarify what "stuff' meant and [witness] indicated that it meant "sex."
On August 29, 2014, Buie went to [the junior high school] to interview [Doe] again. They met in a conference room at the school with no one else present. Buie told [Doe] that he did not have to speak with him and he read [Doe] his Miranda rights. [Doe] indicated that he wanted his grandmother present during the interview but she did not answer her phone. [Doe] agreed to speak with Buie without his grandmother present. Buie then asked [Doe] to tell him what happened and allowed [Doe] to state his version of events without interruption or further questions. [Doe] indicated that he and [victim] went into the garage and started to do "stuff." When [Doe] realized she was really drunk, he "stopped doing stuff with her." [Doe] had never indicated to that point what "stuff' he and [victim] were doing. Buie wanted to clarify the events [Doe] described because [Doe] was "talking really fast." Buie asked a few follow up questions about when [victim] arrived and how much alcohol she had consumed. Buie then asked [Doe] how long after she started drinking that he ended up in the garage with [victim]. [Doe] stated that it was about 20 minutes later. Buie responded by asking "is that when you had sex with her?" [Doe] responded in the affirmative. Buie continued to question [Doe], leading him in to the acts that Buie was already aware of from McCarthy's interview. Buie asked if [victim] rubbed [Doe]'s penis and he stated yes. Buie then asked if [Doe] put his penis into [victim]'s vagina and he stated yes. Buie asked how long his penis was inside [victim]'s vagina to which [Doe] responded 5 seconds. Buie responded with disbelief stating: "now I'm a guy and I've had sex and for me to leave, to do that for 5 or 10 ...

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