[MaxMax]

It should end up in the Supreme. The Judge made a horrible mistake by ignoring the mans rights regardless of the Miranda. Appeal will set him free.
And you can outright guarantee that anything you say before Miranda
absolutely will be held against you. And all Gov officials involved will lie.
They absolutely will lie. That's a solid guarantee.

When I've encounter officers I ask one question, ""Am I obligated by law
to answer your questions?"" They always say no and I thank them for their advice.

Constitution protection isn't just for talking, it's also for not talking.

[P-Marlowe]

The Judge made a horrible mistake by ignoring the mans rights regardless of the Miranda.

Here is the text of the Fifth Amendment.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Can you explain to me how the judge violated this guy's fifth amendment rights when he allowed the jury to consider his silence in the face of the fact that he had just killed an 8 year old girl as evidence of his state of mind at the time of the accident?

Are you perhaps reading something into that amendment that isn't really there?

[Lurking Libertarian]

Appeal will set him free.

This was the appeal, to the Supreme Court of California. The only possible further appeal is to SCOTUS, which agrees to hear only a tiny fraction of cases appealed to it.