A defendant who says he is afflicted with obsessive-compulsive disorder cannot suppress statements he made in the throes of a purported “brain freeze” triggered by his arrest that stripped him of his ability to waive his Miranda rights, a New York state judge has held.
“[T]he evidence fails to disclose that the Defendant’s OCD affected him to such a degree” as to render him incapable of understanding the “nature and consequences of his statement,” District Court Judge Andrew M. Engel in Nassau County wrote in People v. Martz, Docket No. 2008 NA 006851.
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