On March 9, 2006, "T.J.O."--a minor--is reported to have left a note in a Nyack High School bathroom claiming that a bomb would explode at ten o'clock in the morning and that the school needed to be evacuated or people would die. T.J.O. was subsequently charged with a class E felony (falsely reporting an incident in the second degree, Penal Law section 240.55*) based on admissions made to school officials and a police officer.
T.J.O.'s legal representatives later claimed the confession was wrongfully procured. It was alleged that when the minor was questioned, he was not informed of a right to counsel or his right to contact a parent. Additionally, T.J.O. asserted that he was informed by his interrogators that if he admitted responsibility for the bomb threat the maximum punishment he would receive would be a suspension, and were it not for that misrepresentation the minor would not have signed the statement.
Based on those allegations, T.J.O.'s attorney made a motion to the Rockland County Family Court to suppress--that is, to prohibit use at trial of--"any alleged confessions, admissions and/or statements purportedly made" by the child. In its decision on the motion, the Family Court reviewed the governing law and identified a number of irregularities with T.J.O.'s interrogation. Among other requirements, Family Court Act section 305.2 provides that when a child is taken into custody, an officer must "immediately notify the parent or other person legally responsible for the child's care...." Additionally, a minor may not be questioned until advised:
(1) of the right to remain silent;Since it was uncontroverted that T.J.O.'s parents had not been advised of the interrogation and T.J.O. had not been informed of his statutory rights, the court concluded that the minor's statements could not be used at trial.
(2) that any statements made may be used in a court of law;
(3) of the right to have an attorney present; and
(4) of the right to have an attorney provided without charge, if indigent.
T.J.O. secured a major T.K.O. How explosive is that?
For a copy of the Family Court's decision in Matter of T.J.O., please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_26303.htm
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*Section 240.55 Falsely reporting an incident in the second degree.
A person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed or circulated to be false or baseless, he or she:
1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, or the release of a hazardous substance under circumstances in which it is not unlikely that public alarm or inconvenience will result;
2. Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion, or the release of a hazardous substance which did not in fact occur or does not in fact exist; or
3. Knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, he or she initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, or the release of a hazardous substance upon any private premises.