copyright the Chronicle August 30, 2017
by Paul Lefebvre
NEWPORT — Can an inebriated murder suspect understand the rights he has given up when consenting to talk to police at the time of his arrest?
In a 12-page ruling following hearings and expert testimony, Orleans County Superior Court Judge Howard VanBenthuysen has ruled he can.
The judge’s ruling derails a defense motion to suppress evidence gained when accused murderer Jeffrey Ray, 53, of Brownington waived his Miranda rights and talked to police.
Mr. Ray, who remains in custody, has pled innocent to murdering his ex-wife’s husband on May 24, 2015, in Brownington.
The judge’s ruling, which is expected to clear the way for an early trial next year, came in the face of conflicting testimony from two experts and testimony from police.
According to Judge VanBenthuysen’s “Finding of Facts,” State Police Detective Sergeant Jacob Zoen interviewed the defendant at North Country Hospital roughly an hour after the shooting.
At that initial interview, according to the court’s findings, the detective did not note “any signs or symptoms of alcohol impairment.” Mr. Ray told the detective that he understood his rights and signed the Miranda form after it had been read to him.
The interview lasted 52 minutes and, at some point, the detective did note “a slight odor of intoxicants on the defendant.”
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