Mass. Supreme Judicial Court hears Estabrook appeal over alleged coercive interrogation

The Massachusetts Supreme Judicial Court heard oral argument in SJC-13442, Commonwealth v. Jason Estabrook, on whether statements police obtained during booking at the Billerica Police Department and a later interview should be suppressed as the product of a custodial interrogation or its "functional equivalent." Attorney Andrew Crouch argued for Estabrook; Assistant District Attorney Jamie Michael Charles argued for the Commonwealth.

Crouch, representing Jason Estabrook, told the court that the exchange that began in the booking area (referred to in argument as the "Sally Port") and continued into a later, Mirandized interview contained statements and police conduct that an objective observer would view as designed to elicit incriminating responses. Crouch said Detective Frost used previously obtained information about a co-defendant, Adam Bradley, and provided "breadcrumbs" — including that Bradley had been interviewed and that there was a recorded interview and video — that enticed Estabrook to waive Miranda and make further statements. Crouch argued, "this was going to be his last opportunity" for the officer to confront…