Reinitiating an Interrogation after Invoking Miranda

Reinitiating an Interrogation after Invoking Miranda

Robert C. Phillips
DDA Retired
May, 2014

Dewey Joe Duff had his problems.  Not being the sharpest tool in the shed, and with four prior trips to prison, his social skills weren’t what some might consider the best. For instance, when Roscoe Riley stiffed him on a narcotics deal, all Duff could think about was to retaliate.  Duff was going to get satisfaction, or die trying.

Duff, it seems, had traded Riley a .357-caliber handgun in exchange for what was to be $100 or its equivalent in methamphetamine.  But Riley never delivered the dope or the money, “disrespecting” Duff by refusing to complete his end of the transaction. 

Duff told several people, including his girlfriend, Cynthia Fernando, that he was going to set up another drug deal with Riley but then steal Riley’s drugs and jewelry, and then kill him in the bargain.  On the evening of February 23, 1998, Duff implemented his plan.  However Riley, perhaps suspecting that Duff had an ulterior motive, complicated things by bringing Brandon Hagan along.  But Duff wasn’t deterred.

Duff, Riley, and Hagan were on the way to complete the contemplated drug transaction when Duff asked to stop for a restroom break.  With Riley driving, they parked in the parking lot of Taylor’s Corner Bar in Sacramento where Duff went inside to relieve himself. When he came back out, witnesses observed him walk up to the car and shoot Riley and Hagan, who were still sitting in the car.  Duff was then observed pushing Riley’s lifeless body aside and driving the car away.  As they drove away, witnesses heard another shot which Duff later admitted was him putting one more bullet into one of the victims who was still moving. 

Duff drove to the home of some friends with whom he was staying, parked the car still containing the two bodies in a vacant lot behind the house, and went in to change his clothes.  He called Cynthia Fernando, who came to the house.  Wiping the blood off of a .357-caliber revolver, Duff told her that ....

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