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Smock voluntarily confessed involvement in accident that led to death of Bradford college student Alissa Cameron
By MARCIE SCHELLHAMMER
Era Reporter
Nikole Smock voluntarily confessed to her involvement in the accident that led to the death of Bradford college student Alissa Cameron, and the confession can be used against her at the time of trial, according to a ruling filed Monday in McKean County Court.
President Judge John Yoder issued a memorandum and order in the case against Smock, 19, of East Main Street, who is charged with accidents involving death, failing to stop and render aid, reckless driving and failing to back up a vehicle properly, in relation to the incident Dec. 30, 2007, in the parking lot adjacent to The Option House bar.
Police say Smock’s sport-utility vehicle ran over Cameron in the parking lot, causing serious injuries that led to Cameron’s death.
Smock’s attorney, Patricia Ambrose of Erie, asked Yoder to suppress her client’s written confession, saying that after the accident, she was interrogated at the Bradford City Police station for at least four hours by four members of law enforcement while she was upset and distraught. Ambrose argued that Smock was in custody for the period of questioning, and that her mother asked for an attorney on her behalf and the request wasn’t granted.
Yoder disagreed.
“A review of the circumstances does not suggest defendant was in custody at the time she was questioned by police officers,” the judge wrote. Two Kane-based state troopers who assisted with the investigation, Theodore Race and David Smith, both testified that Smock willingly accompanied police to the station.
“She was also advised on more than on occasion that she was not under arrest and that she was free to go at any time,” Yoder said. “Acting with an abundance of caution to insure defendant was legally educated regarding her rights, the police then read defendant Miranda warnings.”
The judge noted that Smock wasn’t in custody, and the reading of her rights wasn’t necessary. However, Yoder noted that even if she was in custody, District Attorney John Pavlock had established that Smock’s statement and confession were admissible as evidence.
He described that the prosecutor had shown that Smock had been read her rights; that police gave her a copy of a form waiving her rights and that she signed the form before questioning.
“As an adult, she never indicated her desire to discontinue the interview, remain silent or speak with an attorney,” Yoder wrote. “Instead she chose to speak with the officers and provide a written statement. The statement was voluntary.”
Yoder also noted the situation was hectic and complicated, yet the police were accommodating to Smock, allowing her mother to see her and making a special trip to a convenience store to get her a beverage. He also noted the interview was not continuous, and that not all of the interrogating officers were in the room with her at the same time.
Also in the order, Yoder ruled that Pavlock must turn over several items, if in the prosecution’s possession, to assist in Smock’s defense. Those items include a copy of the 911 tape and call to the Bradford Police Department; a copy of Cameron’s medical records relevant to this case; a copy of the autopsy report and any toxicology reports; a copy of the videotaped confession of Zackery Coon, who was the passenger in Smock’s SUV when the accident happened; and results of any forensic examinations.
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