Freeman v. State

Facts

On March 30, 2000, Adele Florence Freeman (Defendant) shot Kevin Gross to death. Immediately thereafter, Defendant drove to a Maryland State Police station and informed Sergeant Albert Paton that she had shot someone and that the gun was in her purse. Paton had previously heard over the radio that a female had shot a male on Wilson Road. Paton took Defendant’s purse and placed her in a room. Paton then handcuffed the hand Defendant used to shoot Gross to a bench, in order to later perform a gunshot residue test. Paton then advised Defendant, word for word from a card, of her Miranda rights. Defendant indicated that she understood her rights. However, when Paton asked Defendant if she would “knowingly waive these rights,” she did not say anything. Paton then secured the gun from Defendant’s purse and asked her how many shots she fired. Defendant said she did not know. Paton asked Defendant what had happened and Defendant told him that she did not want to talk about it “right now.” Paton determined that no live ammunition was in the gun and left everything the way it was, closed it back up, and secured the gun. Paton did not ask Defendant any further questions. Corporal David Ruel was assigned to investigate the homicide. After giving Defendant some food, he read her Miranda rights, and she signed the form. Defendant did not request an attorney and appeared to be calm, intelligent, and articulate. Defendant then recounted the events leading up to the shooting of Gross. When she had finished, Ruel asked Defendant if she would provide a written or taped statement. Defendant declined to do so and requested a lawyer. Ruel then stopped all questioning of Defendant. Defendant was charged with first-degree premeditated murder, first-degree assault, and use of a firearm in the commission of a felony. Defendant filed a motion to suppress her statements made to Paton. After a hearing, the trial court denied to suppress Defendant’s statements. Defendant was convicted and she appealed.