Feb. 6, 2008 — Motions to suppress the confession of Daniel Castillo — charged last year with murdering 12-year-old La'Quina Hennis and stuffing her body in a plastic bin found at his Sugar Estate residence — were shot down Wednesday in a 33-page opinion rendered by V.I. Superior Court Judge Brenda J. Hollar.
The document includes extensive references to several precedent-setting cases, along with a lengthy background of all events that proceeded Hennis' disappearance on April 6, 2007. Hollar makes a few things clear throughout: Though Castillo was unlawfully arrested during an initial encounter with law-enforcement officials on April 8, 2007, he subsequently volunteered information to U.S. marshals detailing why and how he killed the girl, along with where he put the body.
Before confessing, Castillo was "lawfully" advised of his rights, which he chose to waive, she added. Hollar also pointed out that Castillo, during the April 8 meeting with police, did not supply any information that would have led investigators to the body. Instead, Hennis was found after an "independent source" — or anonymous caller — reported smelling a "foul stench" emanating from an abandoned property in Sugar Estate, listed in Castillo's prior arrest records as his last known place of residence, she said.
Case History
The defense's move to suppress Castillo's confession hinges on a few key events and witnesses, including U.S. Marshals David Drake, John Simpson and Paul Nielsen, along with Police Detectives Sophia Rachid and John Farrington.
During a recent court hearing, Farrington testified that on the day after Hennis' disappearance, Farrington was approached by an unidentified male who claimed he heard that Castillo — referred to as "Chi-Chi" — was the last person seen with the girl. Hennis' mother, Anita, subsequently confirmed that "Chi-Chi" and Castillo were one and the same, court documents say.
Farrington, who is also Hennis' uncle, took the information to investigators working the case and put a call into Police Commissioner James H. McCall, whose subsequent contact with Police Sergeant David Monoson resulted in the issuance of a wanted poster bearing Castillo's picture, personal information and prior case history. A copy of the poster, which instructed that Castillo should be "held" until police could bring him in for questioning, was eventually turned over to Drake, Simpson and Nielsen, three U.S. Marshals enlisted by McCall to help search for Hennis, according to court records.
Here's the crux of the story: Castillo's attorney, Harold Willocks, states in supporting court documents that the three marshals, upon finding Castillo in front of the Frenchtown Deli, did not treat his client as a "person of interest in the case," but rather as the "prime target" or suspect, as they handcuffed him, put him in their car and took him down to the Alexander A. Farrelly Justice Complex for an "unlawful interrogation session."
Once at the station, Rachid did not advise Castillo of his rights before their meeting, in which Castillo denied having extensive contact with Hennis on the day she disappeared, Willocks added.
During a subsequent court hearing, Drake testified that the marshals never arrested Castillo, but rather explained that he was wanted by police for questioning. In response, Castillo said that he would head down to the police station, but didn't have enough money for bus fare. Marshals offered Castillo a ride, Drake said, and patted him down and handcuffed him before they drove off. The handcuffs were used because there was no partition or shield separating the front section of the vehicle from the backseat, he added, and they were removed once the group reached its destination.
Rachid subsequently testified that she did not advise Castillo of his rights prior to interrogating him about Hennis' whereabouts. At the time, she said, Castillo was "just a person of interest" in the case and had cooperated fully with officers.
Castillo was formally arrested April 12 after investigators found Hennis' body. He did not attempt to fight police, court documents say, and confessed to the murder as he was being searched for weapons. However, Willocks argued in his brief that the "fruit of the poisonous tree doctrine" — established in the case of Wong Sun v. United States — precludes Castillo's confession from being entered into evidence, since it came as a result of his "illegal arrest" on April 8.
Motion Denied
Not so, Hollar said Wednesday in her opinion. Though she did find that Castillo was initially arrested without probable cause, Hollar explained that information provided by Castillo during the April 8 meeting did not "reflect that he was aware of La'Quina Hennis' whereabouts" and "lacked any substantive information" on reasons for her disappearance.
"The defendant's statements did not give police any further information that they did not already have, and did not give them any further tips on how or in what direction to proceed with their investigation," Hollar wrote. "In other words, after speaking with the defendant on April 8, the police were no higher on their investigatory ladder, but remained in the same neutral position. Hence suppression of the interrogation would be of no moment, because the answers provided by the defendant provided no 'fruits' directly or indirectly, and did not lead law enforcement officials on any new path in investigating the child's disappearance."
Castillo's subsequent confession, which came after Drake advised him of his rights, did not seem to be coerced, Hollar wrote.
"After a careful review of the factual scenario, it is clear that Marshal Drake followed constitutional protocol and in no way coerced, cajoled or compelled the defendant into confessing," Hollar said. "After the defendant 'blurted out' his confession, Marshal Drake advised defendant of his Miranda rights, reminding him that he did in fact have rights, which defendant waived and continued to recite the circumstances leading to La'Quina Hennis' death. Thereafter, a written statement was prepared and signed by the defendant and Marshal Drake. The statement was also witnessed by another deputy U.S. marshal. Ergo, defendant's confession is not suppressible based on a Fifth Amendment violation."
Finally, the location of Hennis' body stemmed from an anonymous report made to police by a resident complaining of a foul stench coming from an area near Castillo's last-known place of residence — an "inevitable discovery" based on information received from an "independent" source, she added.
"Accordingly, constitutional challenges to the evidentiary admissions are defeated and the defendant's motions to suppress are denied," Hollar concluded.
While it is not yet clear what the next move in the case will be, Castillo is currently being held on $1 million bail.
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