United States District Court, D. Hawaii
ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL
RECONSIDERATION OF THIS COURT'S ORDER DENYING IN PART HIS
MOTION TO SUPPRESS STATEMENTS
Oki Mollway United States District Judge.
invoking Local Rule 60.1(c), asks the court to reconsider its
order granting in part and denying in part his motion to
suppress statements. Berckmann argues that the court
manifestly erred in failing to suppress two sets of
statements that Berckmann made to law enforcement officers on
October 18, 2017. He asks the court to suppress both
statements as having been obtained in violation of
Miranda v. Arizona, 348 U.S. 436 (1966). The court
determines Berckmann's request is now moot with respect
to one set of statements. With respect to the other set, the
court is unpersuaded by Berckmann's argument and declines
to suppress any additional statements.
filed a motion to suppress on January 30, 2018. ECF 31. In a
written order issued on March 28, 2018, this court granted in
part and denied in part the motion to suppress. ECF 111. Most
of the pertinent background is set forth in that order and is
incorporated by reference.
April 3, 2018, Berckmann filed a motion for partial
reconsideration. ECF 117. He asks the court to suppress two
exchanges that its previous order declined to suppress.
Berckmann identifies these exchanges by reference to the
order's findings of fact “W” and “FF,
” which are as follows:
W. After his phone conservation, Fulgium returned to
Berckmann and said: “This is the deal. You can't be
here in the campground arguing loud with your wife, putting
your hands on your wife, threatening your wife, okay. You
also can't be here in this campground drinking to the
excess that you drink, okay. Because I've got reason to
believe the fact that you crawled out of the tent the way
that you did and just the way your eyes look, that you're
a danger to yourself or someone else, okay.” Berckmann
interrupted Fulgium at various points to deny that there had
been an argument and that he had put his hands on J.F.
FF. . . . A few minutes later, Berckmann once again demanded
that Fulgium explain why he was being arrested. The two had
the following exchange:
Berckmann: I'm still going to jail. For what? So I really
would like to know how the law can wrongfully arrest people.
. . .
Ranger Fulgium: You understand what those two people told us
when we got there?
Berckmann: What did they tell you?
Ranger Fulgium: They told us that you were straddling her
with a knife.
Berckmann: But I was not.
Ranger Fulgium: We had two people tell us that, ...