Judge T. Thomas Davis
|Assistant District Attorney(s):||
|Defense Attorney/Public Defender:||
|Charlotte Division-Neighborhood Affected||
South Div – Beverly Woods
|Charges for today’s hearing:||
15CRS036129 – Habitual Felon
15CRS228669 – (F) Breaking & Entering
15CRS228670 – (F) Larceny after B&E
15CRS228671 – (F) Conspiracy B&E, Poss of Stolen Goods
|Outcome of hearing||
The Defendant, Marquese Young, failed to appear in court after the lunch recess. A warrant was issued for his arrest.
|The Public Defender asked for a Motion to Suppress the Defendant’s confession which he made in the hospital due to the possibility of Young being under the influence of medication.
The incident occurred on 8/12/15. Testimony was given by Detective Gross, CMPD. He and Detective Easulto went to Carolinas Medical Center to interrogate Young on 8/13. He appeared lethargic and did not want to talk, so the detectives left.
The detectives returned on 8/16/18 to do the interview and Defendant Young looked better and was able to communicate. He was read his Miranda Rights and he said he understood them. Detective Gross made Young initial each sentence. Young was asked what happened on the day in question, how he happened to be at the location of Maribel Avenue. At some point during the interrogation, Young stated he was tired but the interview continued. Four exhibits were introduced by the State, (1) Miranda form, (2) Transcript of interview, (3) Copy of Detective’s notes, (4) Audio of hospital conversation between Detective Gross and Defendant Young. A portion of the audio was played for the court, and the State rested its case.
The Public Defender cross examined Detective Gross and introduced Defendant Exhibit 1, a copy of the medical records from CMC.
The State requested that the Motion to Suppress be denied as the interview was voluntarily given. The Public Defender asked the judge to grant her motion to suppress the Defendant’s confession based on the fact that in the medical records, there was shown that some medications were given to Young. The Court denied the motion. The Judge said he would draft papers on his denial of the motion. It was 12:30 p.m. and court was recessed for lunch.
At 2:00 p.m., the Defendant did not return to court and a warrant was issued for his arrest.