A bomb was sent in the mail intended for him but was opened by his father David because George was not at home at the time. Peggy was convinced that her brother Doug was innocent in the shooting. Because this argument is identical to her argument that her confession was involuntary, I will address both aspects of the voluntariness argument in the next section. There is no suggestion that Peggy's confession is false or inaccurate in any significant way. I am satisfied that Peggy was competent, intelligent, and oriented as to time, place and circumstances at the time she confessed. Peggy Gustafson-Barnett was a dental hygienist at the time. Visit our Support Center PEGGY GLOVER GUSTAFSON, age 87, passed away on March 31, 2021 at Community Hospice - Bailey Family Center for Caring. Leave a memory or share a photo below to show your support. See Collazo v. Estelle, 940 F.2d 411, 421-23 (9th Cir.1991) (en banc), cert. Colorado v. Connelly, 479 U.S. 157, 170-71, 107 S.Ct. Get the day's top news with our Today's Headlines newsletter, sent every weekday morning. In1991Chugiak,Alaskan resident David Kerr and his wife, Michelle, were the victims of a mail bomb when a package addressed to their son, George, exploded as they opened it. Your entry has exceeded the maximum character limit. ALL RIGHTS RESERVED. 2292, 2296-97, 81 L.Ed.2d 146 (1984). In 1991, Doug and Raymond were found guilty of second-degree murder. Peggy's remaining motions will be addressed in a third order at Docket No. denied, 393 U.S. 870, 89 S.Ct. The Code is not automatically controlling in federal courts, but may be made applicable by local rule. When police were unable to locate Raymond, they honed in on Doug, who at the time worked at the Anchorage International Airport. Your entry has exceeded the maximum character limit. Listed below are those cases in which this Featured Case is cited. 556. Peggy L. Barnett December 30, 1932 - September 27, 2021 Wichita, Kansas - Peggy was born in Salina, Kansas and graduated from high school at Wichita East High. Consequently, she would not appear to have had a Sixth Amendment right to counsel at the time of the interview, even though she had previously retained counsel, appeared with counsel at the grand jury and through counsel informed the United States Attorney that she would not speak to investigators unless her attorney was present. Peggy Barnett is on Facebook. Peggy's motion to suppress her statements at Docket No. United States District Court, D. Alaska.https://leagle.com/images/logo.png. They had been playing around and shooting a gun that Doug had bought recently. To this union four children were born; John, Joel, William and Buffy. A review of the record establishes that Peggy realistically appreciated her situation, i.e., the probability of a life sentence if she was convicted. Order from Chambers November 27, 1992. She, too, was a lifelong Sunday school teacher for young and elder alike both in Florida and during retirement in north Georgia. 3128, 69 L.Ed.2d 984. California Residents: California FD #1289, #1309, #1359, #2031 United States District Court, D. Alaska. George went to talk to him, and the conversations that happened at two different times were recorded. Cheely had planned the bomb plot with Douglas Gustafson while both were in prison. It is clear that Peggy discussed Miranda with Murtagh, and shortly before she was arrested, with Sidney Billingslea, an attorney with the Federal Defender Agency, and that she passed the results of those conversations along to Craig, her brother. Gustafson and Cheely were both charged and convicted. November 17, 1992. Peggy's reported annual income is about $70 - 79,999 . Peggy may have confessed as an emotional response to the fear of losing her good name in the eyes of her child, suffering separation from her family, and subjecting her family to unwanted publicity; but if so, this would not invalidate her confession. 11, 17 L.Ed.2d 121; and finally, 4) that the interrogation resulted in an "involuntary" confession under the standards articulated in Miller v. Fenton, 474 U.S. 104, 106 S.Ct. A proper consideration of this court's role in the decision making process leads me to conclude that I should assume that the dicta in McNeil accurately predicts that the United States Supreme Court will hold that an accused cannot invoke his Fifth Amendment right to counsel until he is taken into custody, and prior to interrogation, warned of those rights. A review of the cases indicates that certain conduct, such as violence or the threat of violence, threats to take away a person's children unless she confesses, or statements that are materially false and upon which a person relies in confessing, will always invalidate a confession. Peggy has eloquently argued this point, but I do not believe that her argument is supported by the facts.2 After having viewed the video tape twice and having read the transcript a number of times, it seems clear to me that Peggy did not sign the waiver and make incriminating statements because she had expressed sorrow and complicity, but rather because she was convinced that the recorded conversations she had had with Douglas while he was in prison in Seward proved her guilt and doomed her to life in prison. 36, 65 L.Ed.2d 1179. CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. 161, 116 L.Ed.2d 126 (1991). Peggy Gustafson PEGGY GLOVER GUSTAFSON, age 87, passed away on March 31, 2021 at Community Hospice - Bailey Family Center for Caring. In the view of the Carter court and that of Peggy, failure to suppress permits "an end run around Miranda." View the profiles of people named Peggy Barnett. However, with respect to the final consideration, Peggy did not have counsel present when she confessed. She worked 11 years past her retirement age just to stay busy. If we assume that Peggy's confession is not false or inaccurate (an issue which must be determined by the jury, see Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 649. No misrepresentations were made. Friday, May 11, 2018 A defendant challenging the use of his pre-trial statement against him is entitled to a hearing out of the presence of the jury, at which any disputes in the facts are resolved and a judicial determination of voluntariness is made. Let others know about your loved one's death. At the conclusion of oral argument, I announced an oral decision denying the motion to suppress. A bomb was sent in the mail intended for him but was opened by his father David because George was not at home at the time. From what we can tell, he went on to get an education in Washington and has now settled down in Arkansas. Consequently, if the other tests are met, the weight of the confession is a matter to be decided by the jury. It was no secret that Douglas Gustafson and his cohort, Raymond Cheely, despised George Kerr, had knowledge of explosives, and liked to blow things up. Neptune Society is the largest provider of affordable cremation services in the nation. It may take up to 1 hour for your comment to appear on the website. Peggy asserts that the statements recorded on pages three through five of the transcript, in which Gordon asks Peggy if she is sorry and apparently received some kind of affirmative response, are interrogatory. The meaning of the term voluntary in context is not free from doubt. She was arrested Wednesday at her home. Gustafson is serving a 65-year term for murder. She got help from her brother Craig, who built the bomb. 371, and to one count of transporting an explosive with the intent to kill, injure and intimidate, resulting in injury, in violation of 18 U.S.C. It was the government's other evidence, and not Peggy's expression of sorrow, which lead her to believe that she had nothing left to lose and that further resistance would only lead to additional adverse publicity without hope of a fruitful outcome. Neighbors said the concussion felt like an earthquake. 159, 21 L.Ed.2d 139 (1968). See, e.g., United States v. Wright, 962 F.2d 953, 954-55 (9th Cir.1992). In Peggy's view, her admission that she was "sorry," which she argues was a concession of her complicity in the crime, was elicited from her before she had an opportunity to collect her thoughts and decide whether to waive or not to waive. Of course, if the confession were obtained in violation of Peggy's Miranda rights, it would be suppressed on that ground. As such, in the State of Oregon Preneed Crematory Sales and Services are conducted under the trade name Neptune Cremation Service. I conclude that the confession was not coerced by timing considerations. Because the hearings were held in compliance with 18 U.S.C. Originally Published: May 15, 2021 6:50 p.m. Arizona court OKs execution request that AG tried to undo, Tempe OKs plan to change street, park names with KKK ties, Hobbs vows not to carry out execution scheduled by court, Bradshaw Mountain Hi-Railers holding model train display Saturday, March 4, County superintendent expected to appoint candidate for Yavapai College Board on March 10, Embry-Riddle to host Aviation History Presentation: Eric Bippert Virgin Orbit Test Pilot March 9, AZ lawmakers move to cut length of jobless benefits, American Legion Post 6 Honor Guard commander passes leadership baton, 2023 storms produce above-normal precipitation for Prescott, benefiting local lakes, March snowstorm brings more than foot of snow to parts of Prescott, surrounding areas, Contents of this site are Copyright 2023 Prescott Newspapers, Inc. and Western News&Info, Inc. All rights reserved. The Magistrate Judge's decision on this point seems clearly correct. The story didn't end there as Peggy Gustafson Barnett, Gustaffson's older sister, was subsequently arrested after she planted a bomb at George Kerr's home. This is a close question. IN THE CARE OF. The agents knew that Peggy had earlier invoked her rights, was represented by counsel and had on earlier occasions exhibited an unwillingness to talk. 374 is DENIED. OBITUARY William "Bill" Lawrence Gustafson March 7, 1951 - August 13, 2018. In Peggy's view, she let the cat out of the bag, see Oregon v. Elstad, 470 U.S. 298, 303, 105 S.Ct. Help tell the story of your loved ones unique life. You may occasionally receive promotional content from the Los Angeles Times. George testified against his friends and was not prosecuted in this case. 2023 Cinemaholic Inc. All rights reserved. Atty., Mark H. Bonner, Dept. Visitation 5PM and Memorial service 6PM Thursday, June 3, 2021 in the chapel of SMOOT FUNERAL SERVICES, 4019 E. Livingston Ave . 619, 30 L.Ed.2d 618 (1972). Her keen mind, sharp wit and amazing hugs will be missed! Peggy was a creative soul able to paint, knit, and craft, with the final products often donated to those in need, or as gifts of appreciation to those she loved most. Attys., Anchorage, AK, for U.S. Nancy Shaw, Federal Public Defender, Anchorage, AK, for Raymond D. Cheely, Jr. Carmen L. Gutierrez, Anchorage, AK, for Douglas P. Gustafson.