State v. Nelson Carreiro

Syllabus

The defendant, Nelson Carreiro, appealed from a judgment of conviction on two counts of first-degree child molestation. On appeal, he argued that the trial justice erred in denying his motion to suppress statements he made to police because (1) he was in custody at the time the statements were made; (2) he did not reinitiate conversation with the police after he invoked his right to counsel; and (3) even if he did reinitiate the conversation, the state failed to prove that he knowingly and intelligently waived his right to counsel. The defendant further submitted that the trial justice erred in denying his motion for judgment of acquittal on count one, because the state failed to prove a specific instance of penetration beyond a reasonable doubt. The Supreme Court held that the trial justice did not err in denying the defendant's motion to suppress. The Court further affirmed the trial justice's denial of the defendant's motion for judgment of acquittal as to count one. Accordingly, the Court affirmed the judgment of the Superior Court.