(COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, s. SUPERIOR COURT
COMMONWEALTH ‘sui
FINDINGS OF FACT, RULI
‘THE DEFENDANT'S MOTION TO SUPPRESS STATEMENTS
The defendant, Edward Gonzaler, is charged in two indictments withthe murder of Juan
Zayas in violation oF G,L. 265, § 1, aad illegal possession ofa firearm, in violation of GL
269, §10(a). Now before the cout isthe defendant's motion to suppress all statements made
ter he allegedly invoked his right to counsel during a police interview on May 26,2016, After
an evidentiary heating and review of (1) the parties’ writen submissions (2) stipulation ofthe
partes admited os Exhibit Lat the heating, (3) and the other exits including video recordings
and teanscripts of two interviews, forthe reasons sated below, the defendant's motion will be
ALLOWED.
EINDINGS OF FACT
‘Based on the evidence presented and the stipulation ofthe parties, the court finds the
following iets.
‘On January 25, 2016, Juan Zayas was sho ad killed inthe beckyard of his home on
Brookline Avenze in Springfield. Cuptain Trent Duda ofthe Major Crimes Unit ofthe
Springfield Police Department was on duy and he responded tothe area for aeport of shots
fired, The victim, s man in his carly severties, vas found deceased in his yan, He was thefather ofa Massachusets Sate Trooper, so the cas became a “igh profile” case
Sell easings and cigarette huts were founda the scene. One ofthe cigarette buts was
‘este for DNA, a profile was developed, and a match made to an individual named Jose Villages
Rodrigues. Rosriguez was ateted on May 25,2016, and interogated. He implicated the
nai i th lms, An atest wasnt for Gouralex was sought and beaned and
Gonzalez was arrested in Holyoke on May 26,2016. Gonzalez underwent booking procedures at
the Holyoke Police Deparment. As pat ofthat process he was advised of his Miranda rights!
‘The defendant was familiar with those rights, having previously been given those rights by
Holyoke police on eight prior oeasions? Gonzalez was then transported tothe Springfield
Police Department to be interogated
Captain Duda assigned a Spanish speaking detective, Jose Cain, to assist Set. Jeirey
“Martuse in conduetng the interview. ‘The interview began at 1:52 am. and was video recorded,
‘Gonzalez was advised that he was under ares for murder and was again advised of his Mirenda
rights Gonzalez voluntarily waved his ights and agreed to speak to the detectives. Gonzalez
sid that he could understand, speak, and read English, but his speech is stongly asented, and
tis responses to certain questions reflect some difficulty comprehending English. Captain Duda
‘vas able to monitor the interrogation through «video fed to room inthe Detective Bure.
‘The District Attorsey's Office was in communication with Duda that day reganing the
investigation and anes, Duda couk! not remember ihe spoke wih someone ftom the D.A’s
Mion. Arizna, 384 US. 436 (1966)
2 Sanat 9, 2005; Augs 8, 2015; Jue 10,2014; Ober 7, 2014; July 25,201; Nove 22,2015; and
Februny 32016, he wa read his righ and ackwwedged fe underiood the. On Angst 8, 2073, Dt aod
ame of he Hoga Police Depertment tempted roud Goal iss several tines, bt niu
steppe him repeats Tow my igs”
2Office during the couse of ts introgaton
‘Gonzalez wes advised that someone ha laced him tthe sane of murder, He
responded hathe would ike tse photos or vdeo econtings of im that sens. He denied
involvement. Henge of the dectve so who had mpiated him, There as ter
lveusion, Caplan Duda bene ute, feng a Goran es beingevasive. He