United States District Court, E.D. Wisconsin
ADREAN L. SMITH, Petitioner,
GARY BOUGHTON, Warden, Respondent.
DECISION AND ORDER
ADELMAN District Judge.
2011, Adrean Smith pleaded guilty in Milwaukee County Circuit
Court to three counts of armed robbery, as party to a crime,
and one count of first degree reckless injury by use of a
dangerous weapon. The circuit court sentenced Smith to a
total of twenty-five years of initial confinement and ten
years of extended supervision. In state court, Smith
challenged the admissibility of statements he made to
detectives during an interrogation on the ground that they
had been obtained after he invoked his right to remain
silent. The state courts, including the Wisconsin Supreme
Court, rejected Smith's challenge to the statements'
admissibility. See State v. Cummings, 357 Wis.2d 1
(2014). Smith now seeks a writ of habeas corpus
under 28 U.S.C. § 2254.
November 2010, while investigating a series of armed
robberies involving a stolen van, Detective Travis Guy
conducted a custodial investigation of Adrean Smith. At the
beginning of the interrogation, the detective advised Smith
of his rights under Miranda v. Arizona, 384 U.S. 436
(1966). Smith agreed to waive those rights and make a
statement. The statement was audio recorded. The parties have
filed a disc containing three audio files. See ECF
No. 9. Each file consists of a part of Guy's
interrogation of Smith. (The parties have also filed a second
disc that contains a single, lengthy audio recording. This
recording is of a statement that Smith gave to a different
detective following his interrogation by Guy.)
first part of the interrogation, Detective Guy administers
Smith his Miranda rights and Smith agrees to make a
statement. Guy then questions Smith about the circumstances
that resulted in his arrest, namely, Smith's running from
police after an unmarked police vehicle pulled over a van he
was driving. The van was stolen, and Guy asked Smith how he
came to be driving a stolen van. Guy continued to question
Smith about the stolen van and why he fled from the police
for about 10 minutes, at which point they took a break.
the break, the following exchange took place:
Detective Guy: . . . [Y]ou said you was gonna talk about what
you did but not anybody else. So I'll let you talk and
I'll talk about these two things when you get done. Is
that cool? Alright.
Smith: What [unintelligible] talk about?
Detective Guy: I dunno, you told me, you said that, uh, you
was going to talk about . . . what was going on with you but
you're not going to bring them-
point, Smith said “the van” and began talking
about having been caught in the stolen van:
Smith: The van was stolen. I didn't steal the van. It got
stolen. But I got caught in the van. So, I'm gonna play
my role. I'm a, you know what I'm sayin',
whatever damage was done to the van, I'm do whatever I
can to make sure that whoever owns the van gets their money
Detective Guy: Was there damage to the van?
Smith: Yeah. There was damage to the ignition.
Detective Guy: Okay. But after that?
Smith: Nah, I didn't do it. But I'm the one who got
caught drivin' it. [Unintelligible] might as well say.
Detective Guy: But you didn't know it was stolen when you
Smith: No, I ain't stole it. I ain't steal no van.
Detective Guy: [Unintelligible] you know who stole it. If
Smith: Yeah, I know it was stolen.
Detective Guy: Did you steal the van?
Smith: No, I didn't steal the van. And so, and that's
what I'm saying . . . if anything, if I get out, I make
sure that I take care of my responsibilities and I get my
priorities straight, and start, which is, get a job, and pay
whoever the van that was, the damage that was done. But, um,
if anything, I would like to talk to the victims of the van,
'cause I want to tell them face-to-face, so they can see
me and they can understand me more, or if they don't want
to talk I would want them to show up at court. But, whatever
happens, I just want them to know that I'll be
responsible for payin' for the damages.
then asked the detective: “Okay, so what else do you
want to know about the van?” When Guy said he just
wanted to let Smith talk, Smith responded: “See, I
don't know what to say. What I'm sayin' is I got
caught in a van that's, that's pretty much all I can
point, Detective Guy then began talking about a robbery:
Detective Guy: . . . . Okay, alright, um, we're going to
talk about this incident here, okay? This is Milwaukee Police
Incident number 1032710-correction, 0130, which is an armed
robbery, attempted home invasion. This happened on 7205 West
Brentwood, okay? In this incident here, a woman was
approached in her side drive, okay? On here it says that
actors intentionally removed the victim's purse, okay?
The victim pulled in a driveway, and one of the suspects was
armed with a handgun, a silver and chrome handgun. And then
the actors pointed the gun at the victim and took her purse.
Now she was getting out of her vehicle-
Smith interrupted the detective, and the following exchange
Smith: See, I don't want to talk about, I don't want
to talk about this. I don't ...