State Wisconsin v. Scott M. Lee Book Reviews

State Wisconsin v. Scott M. Lee by Court of Appeals of Wisconsin Book Summary

Scott Lee appeals a judgment convicting him of sexual assault, contrary to sec. 948.02(1), Stats. The sole issue is whether
his confession was obtained in violation of his constitutional rights. Although the trial court concluded the state had not
proved beyond a reasonable doubt that Lee's waiver of his Miranda 1 rights was knowing and intelligent, it held that the
statement in any event was admissible because there was no police coercion. We conclude that although there was no police
coercion, Lee's waiver of his Miranda rights must still be made knowingly and intelligently to be admissible. However, because
the state's burden of proof as to whether Lee knowingly and intelligently waived his Miranda rights is by the greater weight
of the credible evidence as established by the United States Supreme Court in Colorado v. Connelly, 479 U.S. 157, 168 (1986),
and the Wisconsin Supreme Court in State v. Rewolinski, 159 Wis. 2d 1, 16 n.7, 464 N.W.2d 401, 407 n.7 (1990), we remand for
a determination of this issue under the lesser burden of proof. After receiving a complaint that Lee had sexually assaulted two children, detective Jacqueline Albers of the Marshfield Police
Department contacted and questioned Lee in a custodial setting. Prior to eliciting responses from Lee, Albers read the Miranda
rights to Lee. After Lee indicated an understanding of each of the rights, he agreed to waive them and be questioned. Lee
concedes the police never used any coercive tactics either to obtain his waiver or during the ensuing questioning. Lee confessed
to the sexual assaults, both orally to Albers and in written form by signature to a typewritten synopsis of his statements
compiled by Albers.

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