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Deaf woman’s confession debated

July 10, 2007

Attorney says she didn’t understand rights during questioning in stabbing

Christina Stolarz / The Detroit News

Mary Ann McBride is charged with open murder in the stabbing death of her boyfriend.

ROSEVILLE — Mary Ann McBride never watched crime shows. She didn’t know what Miranda rights are. And as a deaf woman being questioned in a murder case, she was forced to watch a sign-language interpreter and read a list of her rights at the same time. All of those are reasons why McBride’s confession to stabbing her live-in boyfriend to death should be thrown out, according to her lawyer, Robert Buschmohle.

Buschmohle will soon get a chance to argue his case before the Michigan Supreme Court with hopes that it will improve the way police treat hearing-impaired suspects.

“She didn’t understand that she had a right to have an attorney right then and there,” he said. “The explanation of the Miranda rights to her were incomplete at best.”

It’s been more than two years since McBride, 43, of Roseville was charged with open murder in connection with the stabbing death of her boyfriend, Robert Adelsburg, in their home. And since then, questions have arisen over whether Roseville Police ensured McBride understood her rights.

The Michigan Court of Appeals in late 2006 agreed with a Macomb County Circuit Court judge, saying McBride’s confession should be thrown out because Roseville Police failed to properly instruct McBride of her rights.

But, now it’s up to the state’s top court to decide whether the confession — obtained via a sign-language interpreter in April 2005 — is valid. If the court sides with the Macomb prosecutor, McBride’s confession will be submitted during her murder trial, and she will face a first-degree murder charge with life in prison and no chance of parole. If the decision by the Michigan Court of Appeals is upheld, her confession will be excluded, and she will face second-degree murder charges.

No date has been set for when the arguments will be heard. Meanwhile, McBride remains in the Macomb County Jail on an open murder charge.

The Macomb County Prosecutor’s Office says all the elements of Miranda were met because a sign-language interpreter was present when McBride was questioned.

All people need is a basic understanding of their Miranda rights — explaining a suspect’s right to an attorney, to remain silent under police questioning and that statements may be used against the suspect — in order to sign the waiver, and “we believe we met that standard,” said William Cataldo, chief of homicide for the Prosecutor’s Office.

“The interpreter interpreted the words that were stated (by the police),” he said. “We cannot create a greater set of rules for someone who is deaf. It’s equal rights for everybody. The words are the words. The language is the language.

“You have to assume a certain amount of intelligence.”

But just because a sign-language interpreter was present doesn’t mean McBride fully understood her rights, said Janet Jurus, an interpreter with the state’s Division on Deaf and Hard of Hearing. There are two main types of sign language: American Sign Language, which focuses on concepts and interprets the meaning, and Signed Exact Language, which interprets everything word for word in English order. McBride’s interpreting was done in ASL.

Jurus said it’s important for an interpreter to spend time with the client before determining which method is preferred. If the time is not taken, “they may not be getting the actual interpretation of what the Miranda warnings mean.

“Deaf people, unfortunately, on a daily basis don’t always have the communication methods they prefer.”

Roseville Police arrested McBride on April 22, 2005, after finding Adelsburg in a pool of blood in their basement, according to documents from the Michigan Court of Appeals. She was immediately transported to a hospital for treatment of self-inflicted injuries.

Shortly after her medical treatment, McBride was taken into the Roseville Police Department for questioning. Buschmohle argues his client waived her right to an attorney during questioning only because she didn’t understand the process — and was trying to watch the interpreter while reading a legal document.

Detective Sgt. Jon Sarrach was unavailable because he retired in the fall of 2005. Roseville Deputy Chief Mike Pachla said the department rarely has a deaf person in custody for questioning, but when it does it makes sure to provide an interpreter.

And no matter whom they question, the detectives are supposed to review each right, one by one, to make sure the suspect understands.

“They’re important,” Pachla said. “We always try to communicate with people in the level that they’re capable. If you have someone who is deaf, you want to take the extra time.”

You can reach Christina Stolarz at (586) 468-0343 or cstolarz@detnews.com.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20070709/METRO/707090337

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  1. Anonymous
    August 10, 2008 at 2:51 am

    waste time process she know better , she just play games to them. yu need check up mich school for the deaf, what her grade ? she need go prison . come on attention

  2. Amanda
    June 5, 2009 at 11:01 am

    You need to go back to school idiot.

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