In Re Bonnie H.

In this bizarre murder case resembling an episode out of The Streets of San Francisco, we hold there is no public policy reason a good faith break in a minor’s custody should not dissipate the prophylactic rule of Edwards v. Arizona (1981) 451 U.S. 477 [ 101 S.Ct. 1880 , 68 L.Ed.2d 378 ], as expanded by Arizona v. Roberson (1988) 486 U.S. 675 [ 108 S.Ct. 2093 , 100 L.Ed.2d 704 ] and Minnick v. Mississippi (1990) 498 U.S. 146 [ 111 S.Ct. 486 , 112 L.Ed.2d 489 ], that once a suspect asserts his or her Fifth Amendment right to counsel during custodial interrogation, the current questioning and any further questioning initiated by the police about the current or any other offense must cease until counsel is present (see McNeil v. Wisconsin (1991) 501 U.S. 171, 176-177 [ 111 S.Ct. 2204, 2208 , 115 L.Ed.2d 158 ]).

The police first questioned the minor, Bonnie H., age 16, about the suicide/murder of Trisha Sullivan on May 12,1995. When Bonnie, who gave her name as “Mystical Misscotte” and age as 19, requested an attorney in response to being read her Miranda rights, questioning stopped. Although initially arrested for the crime, Bonnie was released without pending charges a few…