Read the briefs. He didn’t want to talk.
Please cite where the “prophylactic rule” outlined in Jackson appears in the Constitution.
Then why did he talk?
As for "no other evidence."
"The state presented physical evidence, which included the undisputable presence of Montejo’s DNA under the victim’s fingernails. Dr. Dudhir Sinha, president and laboratory director of ReliaGene, testified as an expert in molecular biology and DNA analysis that he tested scrapings from beneath the victim’s fingernails and a reference sample from the defendant. A scraping from the victim’s right hand contained only the victim’s DNA; a scraping from the victim’s left hand contained a mixture of the victim and defendant’s DNA. Dr. Sinha also concluded that the victim intentionally scratched defendant because sample characteristics ruled out DNA transfer by coincidental contact."
As for "didn't want to talk:"
Montejo was interviewed by police from about 4:30 p.m. until about 11 p.m. on September 6, 2002, and again between approximately 3:00 and 4:00 a.m. on September 7, 2002. The centerpiece of the state’s case was approximately four hours of this videotaped police interrogation during which Montejo slowly made increasingly incriminating statements until he finally admitted that he shot the victim who had unexpectedly returned home and interrupted Montejo’s burglary.16 On September 23, 2002, indigent defense counsel moved to suppress these statements contending that they were made involuntarily.17 At hearings held on April 20 and June 1, 2004, Detective John Morse18 testified that he first encountered Montejo at the Gretna Police station where Montejo, after being verbally Mirandized, consented to accompany him to the St. Tammany Sheriff’s Office Criminal Enforcement Building to be interviewed.19 In St. Tammany, Montejo was repeatedly Mirandized, signed several rights waivers,20 and was interrogated by Detective Morse and Detective Willis Wade Major.21 Both detectives testified at the suppression hearings22 that Montejo understood his rights, was not intoxicated, showed no sign of mental defect, was not promised or threatened anything, spoke to them voluntarily, and freely waived his rights.
The videos of the interrogation on September 6, 2002, up until Montejo invoked his right to counsel at about 10 p.m., show the following. The video begins a little before 7 p.m.23 The defendant was shirtless24 and smoking25 as he related his first version of the crime, in which he claimed that his only involvement was in driving Moore to the victim’s home and leaving him there without knowing that Moore was going to rob and kill the victim. Confronted with the potential that his DNA might be found inside the home,26 Montejo related his second version of the crime. He said that the victim was not home when he arrived at about 5 p.m. with Moore, who told him that they could wait inside. After about 10 minutes, Moore started ransacking the residence, so Montejo left.27 He became disoriented and was briefly lost in the neighborhood. After he regained his bearings, he saw Moore drive away in the victim’s car. Montejo attempted to answer the detectives’ follow-up questions, but abandoned this story for a third version, after detectives suggested that Moore would blame Montejo and confronted him with the possibility that the forensic evidence would prove that the victim scratched his neck or that he was present when the murder weapon was fired.28 In the third version, Montejo did not leave when Moore (who was wearing gloves) ransacked the home. Instead, he and Moore hid when the victim arrived. Moore struck the victim over the back of the head with the gun and Montejo tried to run. The victim turned and flailed wildly, scratching Montejo, and Moore shot the victim, who remained standing. As Montejo fled, he heard a second shot. Montejo became briefly lost in the neighborhood and saw Moore drive away in the victim’s car. In response to demands for corroborating physical evidence, such as the location of the murder weapon or any stolen property,29 and again confronted with forensic evidence,30 Montejo invoked his right to counsel but quickly retracted his request as follows:
Montejo: “I would like to answer no more questions unless I am in front of a lawyer.”
Captain Hall:31 “Good enough.” (exits)
Montejo: “Now, . . .”
Detective Morse:32 “You are under arrest for first degree murder.”33
Montejo: “. . . now, I know you aren’t that bad a people and all . . .”
(both detectives stand and turn toward exit)
Detective Major: (interrupting) “Dude, you don’t want to talk to us no more, you want a lawyer, right? I trusted you and you let me down.”
Montejo: “No, come here, come here.”
Detective Major: “No, no, I can’t.”
Montejo: “No, come here . . .”
Detective Major: “No, you’ve asked for an attorney, and you are getting your charge. And the shame of it is . . .”
Montejo: “I don’t want no attorney.”
The video recorder was turned off at this point and did not begin again until approximately 10 minutes later. All detectives testified at the suppression hearings that, after the exchange quoted above, they terminated the interview and left the room. At trial, Detective Major testified that after the tape was turned off, Montejo “started to literally beg us to come back into the room to continue the interview.” The detectives then met with their supervisors for ten minutes to determine whether they could legally continue the interview. Detective Major testified that during this time, Montejo “continued to ask us to come back in, come back in.” Detective Morse testified that he briefly spoke to Montejo during the unrecorded period to verify that he wished to continue the interview in the absence of legal counsel.34 The district court reviewed the tapes, found the detectives’ testimony credible, and found that Montejo immediately revoked his request for legal counsel. After Montejo invoked and revoked his right to counsel, defendant was again read his Miranda rights and signed written waivers of those rights. In the video, the detectives confirmed with Montejo, who was visibly upset,35 that he was not interviewed during the preceding untaped interval and that he understood his rights and wished to continue the interview in the absence of counsel. Montejo then retracted his claims that Moore killed the victim, and told a fourth version of the crime as a botched burglary.36 He said that Moore persuaded him to burglarize the victim’s home, which he believed would be unoccupied, unlocked, and full of money, and that he agreed to do so because his rent was due. However, he found the victim’s gun inside the home and, when the victim came home and surprised him, Montejo hit him in the head with the gun, warned him to stay back, fired a warning shot, and when that failed, shot and killed the victim, before firing the weapon into the couch to un-cock it, and throwing the gun in the lake. After detectives confronted him with the fact that two vehicles left the crime scene together, Montejo retracted this story and told a fifth version of the crime, in which he blamed a person he knew only as “D.P.,” an African-American male from the Fischer projects, whom he claimed would be impossible to locate. Montejo said he was introduced to D.P. by Moore, who wanted defendant and D.P. to rob the victim. Montejo agreed because his rent was overdue so he met D.P. at the Rally’s and they went to the victim’s home. After detectives confronted Montejo with the implausibility of this story, they terminated the interview and the video stops. The defendant was arrested and transported to jail.