Two-Steppin'

The U.S. Supreme Court will decide whether a Missouri cop could justifiably dance around Miranda

The Missouri Two-Step is no jig, but it has brought together some unlikely dance partners. The Missouri's Attorney General's Office, led by Democrat Jay Nixon, is all in favor of it, as is the U.S. Department of Justice, headed by Republican John Ashcroft. The Missouri Public Defender's Office and the American Civil Liberties Union don't like it; nor does a group of ex-law enforcement officers, judges and U.S. attorneys.

Exactly what is this new dance? It's a law-enforcement maneuver that temporarily sidesteps the so-called Miranda warning: A police officer intentionally delays informing a suspect of his or her rights, extracts a confession, then recites the Miranda warning and has the suspect confess a second time. That's precisely what Rolla police officer Richard Hanrahan did back in 1997, and in December, in a potential landmark ruling, the U.S. Supreme Court will decide whether the procedure passes constitutional muster.

Judging from court records, the events that gave rise to the underlying case are convoluted -- and ugly. On February 12, 1997, Patrice Seibert's twelve-year-old son, Jonathan, died in his sleep in the mobile home where the family lived. Seibert feared that she'd be accused of neglecting the boy, who was seriously disabled from cerebral palsy. Two of her teenage sons, along with two of their friends, hatched a plan to cover up the death by setting the mobile home on fire. Not wanting it to look as though the disabled boy had been left alone, they decided that seventeen-year-old Donald Rector, who also lived with the family, would have to perish in the fire as well. One of the perpetrators, Seibert's seventeen-year-old son Darian, failed to escape from the trailer in time and suffered serious burns.

After the fire Seibert was informally interviewed by Officer Hanrahan on two occasions. Both times, she denied that she'd played a role in the plot. But Phelps County authorities didn't believe her, and according to testimony at the trial, the county prosecutor instructed Hanrahan to "make a case" against Seibert. On February 17, St. Louis County police arrested Seibert while she was visiting her son in the burn center at St. John's Mercy Medical Center.

At Hanrahan's behest, the arresting officer did not advise Seibert of her rights but simply took her into custody. She subsequently confessed to Hanrahan that she had known about the murder plot. With a tape recorder rolling, the Rolla officer then read Seibert the Miranda warning and elicited a second confession.

Over the objection of her St. Louis-based public defender Beth Kerry, Seibert's second confession was admitted as evidence at her trial. Seibert was convicted of second-degree murder and sentenced to life in prison. Then last December the Missouri Supreme Court reversed the conviction. Ruling 4-3 that the confession should have been suppressed, the court sent the case back for a new trial.

In the majority opinion, Judge Michael Wolff asserts that Hanrahan's maneuver "was undeniably an 'end run' around Miranda." Wolff notes that interrogators are taught that getting the first admission from a suspect -- also known as the "breakthrough" or "beachhead" -- is the hardest part. "Officer Hanrahan's intentional omission of a Miranda warning was intended to deprive Seibert of the opportunity knowingly and intelligently to waive her Miranda rights.... Were police able to use this 'end run' around Mirandato secure the all-important 'breakthrough' admission, the requirement of a warning would be meaningless. Officers would have no incentive to warn, knowing they could accomplish indirectly what they could not accomplish directly."

Judge Duane Benton, writing for the dissenting judges, invokes a 1985 case, Elstadv. Oregon, in which the U.S. Supreme Court excused an officer who accidentally failed to recite the Miranda warning. The suspect confessed, the officer read him his rights, the suspect confessed again. The court ruled that the confession could be admitted as evidence. In that case, the majority dismissed as "apocalyptic" Justice William Brennan's dissent that they'd just given officers an incentive to interrogate without a warning.

Wolff also mentions Elstad in his majority opinion, arguing that the court never envisioned that an officer would purposefully neglect to inform a suspect of his rights.


Officer Richard Hanrahan testified during a hearing in the original case that he intentionally did not advise Seibert of her Miranda rights in order to elicit a confession. He learned this method, Hanrahan said, at an institute that promoted the technique; his police department and all the others where he has worked subscribe to the training, he added.

"Basically, you're rolling the dice," Hanrahan testified. "You're doing a first stage where you understand that if you're told something, that when you read the Miranda rights, if they invoke them, you can't use what you were told. We were fully aware of that. We went forward with the second stage, read Miranda, and she repeated the items she had told us."

In its petition asking the U.S. Supreme Court to reverse the state high court's decision, the Missouri Attorney General's Office claims that John E. Reid and Associates, a Chicago-based institute that offers interrogation seminars in Kansas City and St. Louis, teaches the two-step approach in its courses. The company denies advocating the technique.

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