father’s refusal to come to the police station graphically demonstrated his indifference to the juvenile accused’s plight.
How later courts described this case
- father’s refusal to come to the police station graphically demonstrated his indifference to the juvenile accused’s plight.
- no waiver where the alleged interested adult unilaterally decided not to participate in the consultation
- no irrebuttable presumption that a parent is an interested adult; hence, where “the disinterest of the parent was graphically demonstrated, the parent was not an interested adult.”
- “We have insisted that the Commonwealth bear the burden of proving a knowing waiver.”
Written by the judges who cited it.
The opinion
MANDERINO, Justice,
concurring.
I join the majority opinion and agree that appellant’s statement should have been suppressed because the prosecution failed to show that he had effectively waived his constitutional rights prior to giving that statement. I would like to add, however, that in addition to the three pre-requisites discussed by the majority opinion, the prosecution must show that meaningful consultation between the juvenile and the interested and informed adult actually took place.
The majority summarizes the first three parts of the test to be applied to determine whether a juvenile has validly waived his constitutional rights as follows:
“Under our formulation, failure by the Commonwealth to establish either the adult was one interested in the welfare of the juvenile accused, that the adult was aware of the rights of the accused, or that the minor had an opportunity to consult, would justify the conclusion that the purported waiver was ineffective.”
Initially, I agree with the majority that the prosecution must show that the adult involved was interested in the juvenile’s welfare; that the “father” in this case, did not measure up to that standard; and that appellant’s “waiver” was ineffective for that reason alone.
Secondly, I agree with the majority that the prosecution must establish that the adult was informed as to the juvenile’s constitutional rights and, I would add, the prosecution must show that the adult was aware of the consequences of the juvenile’s waiver of those rights. Although the requirement of an awareness of the consequences of a waiver is not explicitly stated in the majority’s “formulation” as quoted above, it is implicit in earlier portions of the majority opinion. Again, appellant’s *506 “waiver” was ineffective because the prosecution failed to establish this part of the test.
I also agree with the majority that the prosecution must show that the juvenile had an opportunity to consult with an adult who meets the first two portions of the test, and that appellant’s “waiver” was ineffective because the prosecution failed to establish this prong of the test.
I believe, however, that the constitutional rights of a juvenile accused can be adequately protected only if it is also shown that meaningful consultation actually took place. Only after actual consultation can it be said that the juvenile’s immaturity did not place him at a “unique disadvantage in the custodial interrogation process.” Any less stringent standards would allow the court to rule that a juvenile’s “waiver” was effective so long as the prosecution (having proved points one and two of the “formulation”) showed simply that the juvenile and the adult advisor sat together, even if it were also shown that they did not speak to each other. To allow such a result would be tantamount to accepting the conclusion —expressly disavowed by the majority opinion — that the inquiry as to the effectiveness of the juvenile’s “waiver” ends when it is shown that the formal pre-requisites have been met. Only by requiring that meaningful consultation actually take place can we begin to assure that the juvenile has, in fact, comprehended the situation.