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STATE v DIEP Click to find out why . . .



Keywords & Phrases
CaseNo: 3DI-97-528 CR., CourtCode: SU, CourtName: Superior Court, District: Third, JudgeName: Fred Torrisi, Plaintiff: STATE, State: AK Alaska, UniqueCaseRef: AK>SU>3DI-97-528CR, Diep, Trooper, Vpso, Interview, Officers, Rights, Vpso Tcheripanoff, Trident, Alaska, Miranda, Suppress, Akutan, Waiver, Tuan Diep, Trident Bunkhouse, Stabbed Dara Kim, Aleutian Islands, Village Public Safety, Suppression Hearing, Supervisor Brent Jones, Suspects, Stabbing, Evidence, Superior Court, Anchorage, Dillingham, Language, Defendant Argues , ContentID: 120239546

Case Documents
1 1998-06-01 MEMORANDUM AND ORDER ON MOTION TO SUPPRESS
[ see first page and extracted highlights below  ] ItemID: 100049
7 pages
HTML
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . MEMORANDUM AND ORDER ON MOTION TO SUPPRESS

EXTRACTED KEY WORDS
DEFENDANT
TROOPER
VPSO
INTERVIEW
COURT
OFFICERS
RIGHTS
VPSO TCHERIPANOFF
TRIDENT
ALASKA
MIRANDA
SUPPRESS
AKUTAN
WAIVER
TUAN DIEP
TRIDENT BUNKHOUSE
STABBED DARA KIM
ALEUTIAN ISLANDS
VILLAGE PUBLIC SAFETY
SUPPRESSION HEARING
SUPERVISOR BRENT JONES
SUSPECTS
STABBING
EVIDENCE
SUPERIOR COURT
ANCHORAGE
DILLINGHAM
LANGUAGE
DEFENDANT ARGUES

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT

STATE OF ALASKA, Plaintiff,

vs.

TUAN M. DIEP, Defendant.

Case No. 3DI-97-528 Cr.

MEMORANDUM AND ORDER ON MOTION TO SUPPRESS

I. INTRODUCTION

On September 22, 1997, in the Trident bunkhouse in Akutan, in front of several witnesses, Tuan Diep
ight.

Akutan is in the eastern Aleutian Islands, perhaps 50 miles NE of Unalaska and 700 miles SW of
afety Officer there, and he testified at the suppression hearing. He received a call at around 9:45
 him the short version of what had happened. VPSO Tcheripanoff phoned the on-call Trooper in
g. His interview, and those later conducted by the Troopers, are the subject of Defendant s motion

II. STATEMENT TO VPSO

A copy of the cassette tape of Tuan Diep s interview with VPSO Tcheripanoff was admitted into
d the transcript was Ex. 2. The time was 10:34 p.m., less than two hours after the stabbing
k place in an office at Trident.

The VPSO testified that the Trooper advised him to tell Defendant that he was not under arrest, and
took place at Trident, with only the local VPSO, and lasted about five minutes. Diep was told that
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT
  • On September 22, 1997, in the Trident bunkhouse in Akutan, in front of several witnesses,
  • Demitri Tcheripanoff is the Village Public Safety Officer there, and he testified at the
  • He received a call at around 9:45 p.m. from Trident supervisor Brent Jones, who gave him the
  • VPSO Tcheripanoff phoned the on-call Trooper in Dillingham and advised that he had a suspect
  • His interview, and those later conducted by the Troopers, are the subject of Defendant s
  • A copy of the cassette tape of Tuan Diep s interview with VPSO Tcheripanoff was admitted into
  • The VPSO testified that the Trooper advised him to tell Defendant that he was not under
  • It is clear that at this point Defendant was not in custody, and therefore all did not need
  • While this subject will be discussed further below, the court finds that the State has proven
  • While the State has presented an extensive argument on what constitutes custody for Miranda
  • While suspects have been held not to be in custody when voluntarily meeting officers at the
  • Diep is Vietnamese, transplanted for employment to the Aleutian Islands, unquestionably one
  • On the other hand, the court discerns no incriminatory statement made before Defendant s
  • So if the court were to conclude that the statements made following the reading of Diep s
  • And, perhaps most importantly, Defendant argues that he has limited fluency in English and so
  • Trooper Siegfried, who had experience with suspects for whom English was a second language,
  • There is a third opinion that was published after the suppression hearing that is also
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