Stabbing suspect’s statement thrown out over technicality

SALEM – A Superior Court judge has tossed out the statement of Jonathan M. Rivera, charged with the stabbing death of a Lynn man in Salem last year because of an oversight by police interrogation.Following a two-day hearing in Salem Superior Court Judge Howard J. Whitehead ordered the statement that police obtained from Rivera in which he allegedly said, “If someone was going to kill someone, wouldn’t they stab them over and over and not just once?” will not be part of testimony introduced by the commonwealth in his upcoming trial scheduled for Sept. 26.Rivera, 22, last known address of 20 Ruggles Ave., Boston, is charged with first-degree murder in connection with the April 7, 2010 stabbing death of Shaundell Turner.Turner, a 30-year-old father, of 382 Essex St., Lynn, suffered a single stab wound to the chest following an argument between the two men and died around noontime near 50 Palmer St. in Salem.Turner’s female companion called 911 at 12:07 p.m., while on her way to the police station with Turner in her car.Turner, the father of a teenage son, was pronounced dead at 1:31 p.m. at Salem Hospital.Rivera fled the scene and was tracked down the following day at the Ramada Inn on Morrissey Boulevard in Dorchester and arrested without incident.Although police have no actual motive, authorities learned the two men were apparently dating the same woman and were feuding.In handing down his decision, Whitehead acknowledged that State Trooper Lt. Steven McDonald had properly administered Rivera his rights while in his cruiser before heading to the Salem police station.But when police detective John Doyle and State Police detective Brian O’Neill began their interrogation at the Salem police station and re-advised the suspect of his rights, Rivera stated his “unequivocal right” to counsel by saying, “Because of this one, I’d like to talk to a lawyer.” However, the interrogation continued.Whitehead said he listened to a tape recording of the interrogation following Tuesday’s hearing and that Rivera had made that statement. Whitehead was concerned about the audibility of some of the recording but felt Rivera “from the beginning” was talking about obtaining legal counsel.Rivera did sign a Miranda card but, for some reason, one line on the sheet was not initialed.”Here police continued on, even after the defendant stated he wanted an attorney and thus in violation of the defendant’s rights, therefore the motion to suppress the statements is allowed,” ruled Whitehead from the bench Wednesday morning.Assistant District Attorney Kristen R. Buxton felt that the statement was not going to hurt her case because the commonwealth also has DNA profiles they obtained from the Palmer Street home and have sent them for profiling, but are waiting for results.Defense attorney Edward L. Hayden of Lynn was pleased with the judge’s decision, saying the ruling “now puts us in the driver seat, even though the statement is not incriminating, we can decide what we can use at his upcoming trial.”Whitehead did say he would re-consider his ruling after listening to an “enhanced” tape, but noted that he was “quite confident” it says what he thinks.