Russo

In this case we hold that a waiver of Miranda rights is invalid when given by a suspect after being told by the police, as part of the reading of his Miranda rights,.that if he did not commit the crime he did not need a lawyer.

Jason John Russo was charged with murder (Pen. Code, § 187) with use of a deadly weapon (Pen. Code, § 12022, subd. (b)). A jury found him guilty of second degree murder and found the use allegation to be true. We reverse the judgment.

The evidence at trial showed that on February 25, 1981, as part of a ruckus between two groups of young people, Russo stabbed Ronald Puterbaugh, who bled to death. At trial Russo’s defense was diminished capacity based upon intoxication.

In early March of 1981, Santa Rosa Police Detective James Carlson received an anonymous tip that Russo had stabbed Puterbaugh. Carlson interviewed him on March 4. He again interviewed Russo on March 6, at the Santa Rosa police station, at which time Russo admitted being present when Puterbaugh was stabbed but said that he had taken no part in the incident. Russo also told Carlson he had consumed no alcohol that night. Stephanie Franco, Russo’s girlfriend, testified at the…