The Importance of Use of Miranda Rights

On March 2, 1922 a robbery occurred at the Marzan’s bar where two suspects robbed the place and got away. A couple days passed by leaving us to March 4, 1922, when James Richardson telegrammed May Elaine Williams after stating he needs to meet with her, or she need to call him back on regards of an purse he found that belonged to her. When Williams and Richardson finally met up on March 14, 1972, Richardson gave Williams her belongings except for the badge he found in her purse.

On June 28, 1972 a shooting occurred on the Hunts Point Subway Station, leading an off-duty police officer to be wounded. Before Officer John Skagen got shot, he stopped Richardson and ordered him against the wall. A shot than let out, leading to chaos and Richardson fleeing from the scene. After fleeing from the subway station Patrolman Jacobsen began to chase Richardson and was joined by Patrolman John Pade. By this time, Richardson was running with a limp.

Richardson made it across Bruckner Boulevard where he tossed his gun over the fence.

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Patrolman Santiago than cut Richardson off, hopping out the car, where he then threw Richardson against the fence, frisked him and handcuffed him. At the subway station, where off-duty officer John Skagen lied wounded, a couple officers fled to the scene taking photographs and interviewing witnesses. At the scene, James Richardson left his social security card and identification papers which was found in a blue leather case, pinned to the case was a gold correction officer’s badge which was issued to May Elaine Williams.

Attorney Steven Phillips was later assigned to this case where Officer Skagen was killed and Richardson was charged with a felony murder, manslaughter in the second degree, attempted endangerment in the second degree, and criminal possession of a weapon. James Richardson was defended by William Kunstler during the time of the case. The case was hard to prove because Richardson had committed the crime but with no evidence on the gun and the statements Richardson made it made the case a little harder. At the end of the trial James Richardson was sentenced for three charges on July 3rd John Skagen funeral had taken place, and a few days after Skagen’s funeral Richardson went to the grand jury. Richardson seven statements were than applied to the Grand jury of the County of Bronx. During the trial the seven charges were indicted the indictment was intense, leading Richardson to custody from the moment of the arrest to the indictment that the law would mandate his release.

Interaction Between James Richardson and Mae Elaine Williams

On the evening of March 2, 1972, the Marzan’s Bar had been robbed, nobody was injured and not too much money was taken. At the scene of the robbery, a few people had a description of the two black men entering the bar. One was short and wiry, a medium complexion and the other was tall and heavy-set, with a dark complexion, close cropped hair and a moon shaped face. It was stated that they walked opposite of the cash register, and the short one beckoned to the barkeeper who was cleaning out glasses. When the barkeeper approached the two men, out came the guns and the short man began to speak. The short man stated” This is a stickup! Motherfucker do you hear what I say? This is a stickup!” as the short man spoke, the taller man went behind the counter and took sixty-seven dollars from the register. As they left the bar the taller robber noticed a women’s purse on a shelf and grabbed it, then they fled from the scene. The purse belonged to Mae Elaine Williams. Two days after the robbery occurred, Williams received a telegram stating “please call or come to the Lincoln Hospital Sunday and come to the information desk and ask for James Richardson. “Williams was puzzled because she didn’t know a Richardson.

On March 14, 1972, Richardson and Williams finally met up. Richardson stated how he found her purse with her belongings, and he gave back all her belongings except for the badge he found in her purse. On June 28, 1972 Williams badge was found in Richardson’s pocket and became a part of his conviction as a stolen item. A couple years passed and the Marzan’s case was closed. Three years passed and the case of the robbery of Marzan’s bar had been reopened and the attorney had thought the description of the tall robber had matched James Richardson, but the connection was illogical, because if Richardson robbed the bar he couldn’t have called Williams to return her belongings. But then again, Richardson stated that he found Williams papers on the street, and the attorney thought his statements wasn’t very credible. The reopening of this case lead them to nothing, and there wasn’t a lead to determine whether Richardson had been involved.

The first statement was given on June 28, 1972, in the emergency room at Lincoln Hospital the evening of June 28th. Richardson, Patrolman Santiago, Miss Johnson, and the hospital property clerk, were all present at the hospital at the time of the statement. Richardson stated, “I think I shot a cop. They said I robbed a change booth”. This statement shows that Richardson was at the scene of the crime, had a gun, and he thinks he shot a cop. This statement was allowed in court. The Miranda rights weren’t needed because Richardson gave the statement willingly.

The second statement was given on June 28, 1972, at the Lincoln Hospital around 7:30 PM. At the hospital: Richardson, Detective Peter Cruz, and Patrolmen Santiago were present. Cruz read Richardson his Miranda rights, and Richardson waived them. Richardson was connected to the crime because he described the gun, he was at the scene, and he used the gun. Richardson than stated “Skagen pulled out his gun, Richardson pulled out his gun. The cop shot one and I shot him”. This statement was allowed in court because Richardson Miranda rights were given, and he waived them.

Statement three was took place on June 28, 1972, at the Lincoln Hospital, where Richardson stated” look, I was on my way to work at the Lincoln hospital around 7:40PM. I went down into the station when this white guy asked me where I was going. I told him, and I told him who I was. Then I asked who the hell he was, and he told me he was with the transit authority. I said I had lots of friends in the Transit Authority, and we had words. We pulled out our guns and shot each other. I ran up the stairs”. After Patrolman Santiago started questioning Richardson on June 28, 1972, at the Lincoln Hospital about the crime which occurred, Richardson became a suspect because he had a gun and used his gun, where both Skagen and Richardson shot each other. At the time of the statement Patrolmen Santiago and Richardson were present. This statement was allowed in court because Richardson’s Miranda rights were given, and he waived them.

June 28, 1972 Blondell Gimbell, Richardson’s cousin, and girlfriend, Brenda Wright, went to the Lincoln Hospital around 8:00 PM because they heard Richardson was hurt, Richardson stated to his cousin”. The cop. I shot him, he shot me then I shot him.” What linked Richardson to the crime was the gun and the actions he took with using the gun to shoot the cop. This statement was allowed in court but the Miranda rights were not needed because this statement was made by civilians.

Detective Gest questioned Richardson and stated “why did the white man pick you, out of all other people in the station?” Richardson then said “he probably saw the gun tucked inside my trousers.” What linked to the crime was the gun and the actions Richardson made with the gun, which occurred on June 28, 1972, where both Skagen and Richardson was taken to the Lincoln hospital. At the time of the statement Detective Gest, Richardson, and Patrolman Santiago was present during this statement. Statement five was allowed in court because Richardson’s Miranda rights were given and waived them.

Cruz questioned Richardson about what happened June 28, 1972 around 8:30 PM when they were located at the Lincoln Hospital. Detective Cruz then reminded Richardson of his Miranda rights and began to take notes. Richardson stated “I was inside the turnstiles and was going towards the stairway towards the back of the train. I was called by a man, hey fella, and he came over and we had words. The man pulled out his gun on me with his shield and I pulled out mine from under my dashiki. The gun was under my dashiki, tucked inside my pants—a chrome-plated .32 snub-nosed revolver. The cop fired at me from about six feet away then I fired my gun at him ran up the stairs to the street. I grappled with a big uniformed cop on the street. He sure was a big cop but I broke away from him and ran across Bruckner Boulevard to the southeast corner at Hunts Point Avenue and then turned south. Billets kept whizzing by my head. They were really trying to do me in. then I was cut off by the police car, I went up against the fence of the railroad yard. The cop in the subway shot me in the groin. I don’t remember when I was shot in the rear shoulder.” At the time of this statement Cruz, Richardson, and Patrolman Santiago were present. This statement was allowed in court because Cruz gave Richardson his Miranda Rights, and he waived them.

Michael Duboff questioned Patrolmen Weiber and Jacobson because Duboff may had been the first person to learn that Skagen had been shot by both Richardson and Patrolmen Weiber. This occurred at the Lincoln Hospital the night of June 28, 1972. What linked Richardson to the crime was Richardson’s actions of using the gun and him having the gun. At the time of the statement, Patrolman Santiago, Patrolmen Weiber, Patrolmen Jacobson, Michael Duboff, an assistant district attorney, Dr. Bruce Herzog and Richardson were present during the statement. Statement seven was based on the confession Richardson gave. This statement wasn’t allowed in court because Richardson lawyer was coming because he didn’t want to provide more information.

Attorney William Kunstler defended James Richardson at trial. District attorney Kunstler’s was assigned to Richardson’s case to conduct an emotional and politicalized defense in an important cases. Kunstler’s stated “There simply was no legal precedent available to state either that the provable facts of the Richardson case constituted the seven crimes of the indictment or that they did not”. This is important because attorney Kunstler motioned to have all the statements suppressed. The court allowed 6 of 7 of the statements to be allowed in court regarding Richardson Miranda rights. Judge Ivan Warner took the case People vs Richardson and payed careful attention to the legal issues raised.