Argued: May 8, 2018
Circuit Court for Montgomery County Case No. 125040C
Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten,
29, 2014, Petitioner Clement Reynolds ("Reynolds")
was indicted by the Grand Jury for Montgomery County on
charges of first degree murder, conspiracy to commit first
degree murder, and use of a handgun in the commission of a
crime of violence, stemming from the killing of Wesley King
on November 18, 2002. On October 20, 2014, the Circuit Court
for Montgomery County held a hearing to address
Reynolds's Motion to Suppress Custodial Statements, which
was granted in part and denied in part. Following a seven-day
jury trial commencing on January 5, 2015, Reynolds was
convicted of all counts. On March 31, 2015, Reynolds was
sentenced to concurrent life sentences for each of the first
degree murder and conspiracy to commit murder counts, and
twenty years imprisonment for the use of a handgun in
commission of a crime of violence, to be served
consecutively. The first five years of his sentence for the
use of a handgun charge was without parole, pursuant to
Criminal Law ("Crim. Law") Article §
4-204 of the Maryland Code.
Reynolds noted an appeal to the Court of Special Appeals,
which affirmed the judgment of the trial court in an
unreported opinion on November 8, 2017. Reynolds v.
State, No. 0182, Sept. Term, 2015, 2017 WL 5171593 (Md.
Ct. Spec. App. Nov. 8, 2017), cert. granted, 457 Md.
399, 178 A.3d 1242 (2018). Reynolds now seeks this
Court's review regarding whether he was "denied due
process when the trial court permitted the prosecutor to
question [him] about 'what he did not tell the
police about his alibi defense, even though the omissions
were a result of Reynolds['s] post-arrest,
post-Miranda  invocation of silence and were not
inconsistencies with his trial testimony." We answer
this question in the negative and affirm the judgment of the
Court of Special Appeals.
April 14, 2014, Reynolds was arrested at John F. Kennedy
International Airport in New York. An open warrant was issued
on March 25, 2003 for "Kevin Reynolds" regarding
the November 18, 2002 murder of Wesley King
("King") in Montgomery County, Maryland. King was
shot and killed outside of his apartment in Silver Spring,
Maryland. A warrant for Kevin Reynolds remained unserved
until 2014, when it was discovered that Kevin Reynolds was
using the name of Dennis Graham. Upon his arrest in New York,
Reynolds was carrying a United States passport, a Connecticut
driver's license, and other documents bearing the name of
Dennis Graham. Although officers took Reynolds's
fingerprints to ascertain whether he was the subject of the
warrant, the analysis was not completed for several days.
Reynolds was taken to a New York City precinct, where he was
detained until Montgomery County Detectives Sean Riley and
Frank Colbert arrived to interview him.
detectives informed Reynolds that they wanted to interview
him about a murder from 2002. Prior to advising Reynolds of
his Miranda rights, Detective Colbert asked Reynolds
his name, and he replied "Dennis Graham." Detective
Colbert asked Reynolds for his date of birth, whether he was
in good physical condition, whether he was sober, how far he
went in high school, and whether he spoke languages other
than English. The detectives told Reynolds they believed he
was using an alias, which the fingerprints would soon
Colbert read Reynolds his Miranda rights at 2:17
a.m. Reynolds refused to sign an Advice of Rights form, but
Reynolds answered affirmatively that he understood his
rights. Detective Colbert asked Reynolds whether he had ever
been to Maryland, to which Reynolds replied, "I've
been through Maryland." When asked whether he had heard
of Montgomery County, Maryland or of a cold case homicide
from 2002, Reynolds replied that he knew of the County, but
not the homicide. Eventually, the detectives asked Reynolds
directly whether he was Kevin Reynolds, to which he replied
no. Detective Colbert then told Reynolds that
"[t]here's overwhelming evidence that you murdered
somebody back in November of 2012 [sic]" and that this
was Reynolds's "opportunity to talk this out."
Reynolds replied, "[t]here's nothing I have to
suppression court ruled that everything up to this point was
admissible because Reynolds had not yet invoked his right to
remain silent, but found that Reynolds's last reply was a
clear and unambiguous invocation of Reynolds's right to
the fact, as the suppression court found, that Reynolds
asserted the right to remain silent, the police interrogation
continued. Detective Colbert told Reynolds he had a
"list of evidence... [a]nd it's overwhelming...
[i]t's your time to speak up about this." Reynolds
repeated, "[t]here's nothing I have to say.
You're trying to solve a homicide and[.]" Detective
Colbert interjected "our homicide is solved... I'd
rather you just tell me to go to hell and get out of
here." Detective Colbert asked Reynolds what country he
was in during November of 2002. Reynolds responded,
"November of 2002? I was probably in the Virgin
Islands." Reynolds indicated that he had family there.
Detective Colbert then asked Reynolds if he thought the
evidence described by the detectives was enough to convict
someone. Reynolds initially responded, "I don't
know." When Detective Colbert added that Reynolds left
the country after the homicide, Reynolds repeated, "I
don't know. Nothing else to say."
Colbert also engaged Reynolds in a conversation about
Reynolds's life. Reynolds told Detective Colbert that he
came to the United States and settled in Morris Plains, New
Jersey, where he sold cars with a man named Byron Matamora.
Reynolds told Detective Colbert that he resided in two other
towns in New Jersey with Rose Lopez, who was his girlfriend
at the time. Detective Colbert again asked, "[n]othing
else you want to talk about?" Reynolds responded,
"I guess not, no."
April 30, 2014, the same detectives interviewed Reynolds in
Montgomery County, Maryland. Reynolds immediately invoked his
right to counsel. Notwithstanding the invocation, Detective
Colbert continued to interview Reynolds.
October 20, 2014, the Circuit Court for Montgomery County
held a suppression hearing to consider the statements
Reynolds made during the April 14, 2014 and the April 30,
2014 interviews. Reynolds's trial counsel argued that
Reynolds repeatedly invoked his right to remain silent in the
April 14 interview, when he indicated that he had
"nothing to say" about the murder, and that his
statements following the first invocation were inadmissible
because they were taken in violation of Miranda.
Additionally, Reynolds asserted that Detective Colbert acted
in bad faith by continuing to question Reynolds after the
invocations, so the statements were inadmissible at trial for
any purpose. The State averred that Reynolds never
unambiguously invoked his right to remain silent, and that
Detective Colbert did not act in bad faith. According to
Detective Colbert, Reynolds "was trying to get me to
believe his spin on the story [that he was
"Graham"], and it was my job to try to get the
suppression court ruled that Reynolds invoked his right to
remain silent the first time he stated that
"[t]here's nothing I have to say" about the
murder. The court held that a majority of the April 14
interview was in violation of Miranda, and therefore
inadmissible as substantive evidence. However, the court also
determined that the statements elicited during the April 14
interview were voluntary and thus, admissible under
Harris and Hassfor impeachment purposes,
should Reynolds elect to testify at trial. Regarding the
April 30 interview, the State maintained that even if the
statements were obtained in violation of Miranda,
they were voluntarily made. The court ruled that the
statements in the April 30 interview were involuntary and
inadmissible, except for Reynolds's response to pedigree
or booking questions. Ultimately, the suppression court
precluded the State from introducing any statements after
Reynolds's Miranda invocation in its
case-in-chief. Before this Court, the State asserts that
because Detective Colbert did not purposely violate
Miranda, and Reynolds's statements were
voluntary, the statements could be used for impeachment
daughter, Nickesha King ("Nickesha"), who was
eleven years old at the time of the murder, testified that
while walking with her father outside of their apartment on
the evening of November 18, 2002, they were approached by two
men dressed in black. One man pulled Nickesha aside while the
other man, who she identified as Reynolds, pinned King down
and shot him. As King fell, the two men ran to a white van
and drove away with the door open. At trial, Nickesha
identified Reynolds as the shooter, who she recognized
because he stayed with her family during the summer of 2002.
Nickesha testified that there was no doubt in her mind that
Reynolds was the man who shot and killed King.
James Drewry testified that he recovered a cell phone from
the murder scene, and eventually traced the cell phone number
to a salon located in Brooklyn, New York. The salon was
operated by Simone Smith ("Smith"), who was
Reynolds's wife at the time of the murder.
Scott Sube, an expert on cell mapping and network operations,
also testified for the State. Detective Sube presented a
detailed chart that tracked which towers registered pings
from the subject cell phone on the day of the murder. The
chart reflected that pings from a call at 5:18 p.m.
registered to cell towers in Manhattan, New York. Subsequent
pings from cell phone calls were registered with towers
indicating that the phone traveled south on the I-95 corridor
from New York, through New Jersey and Baltimore. Another
chart displayed three cell phone calls being made between
10:10 p.m. and 10:43 p.m. The final call was made at 10:43
p.m., seventeen minutes before the murder occurred, pinged
off a Silver Spring cell tower located .54 of a mile from the
scene of the murder.
to the suppression court's ruling, no evidence relative
to the April 14 or April 30 interviews was offered in the
elected to exercise his right to testify. During direct
examination, he testified regarding his personal and
professional life. He was born in Jamaica, adopted by a
prominent family, and completed two years of college.
Reynolds was sixteen years old when he first met King, who
was ten to twelve years his senior, while working for
Reynolds's family business. Reynolds continued to stay in
touch with King and his family after they migrated to the
United States. Reynolds met his wife, Smith, in Jamaica
before she moved to the United States in 1998. Reynolds
followed Smith there a year later. The couple had a baby born
in 2000 and settled in New York. Reynolds acquired a fake New
York driver's license in the name of Kevin Reynolds.
admitted that he used to deal drugs with King. He became
involved in selling drugs with King and his family in
California. Reynolds helped King move to an apartment in
Maryland and bought him furniture. Reynolds would transport
marijuana from New York to Maryland in his minivan. Reynolds
testified that he and King enjoyed a positive relationship,
and he held no animosity against King at the time of
testified that on the day of King's murder he was in
Brooklyn, New York and picked up his daughter from daycare at
6:00 p.m. According to Reynolds, he arrived home around 6:30
p.m., where a babysitter, Karlene Gill, was present. Smith
returned home shortly after 8:00 p.m. Reynolds testified that
he had an appointment with Caroline George to conduct an
estimate for repairs on her home. He left his apartment
between 9:30 p.m. and 10:00 p.m. and arrived at George's
house around 10:30 p.m. Reynolds left shortly after 11:00
p.m. and arrived home around midnight, where he saw both
Smith and Gill.
testified that around 1:00 a.m., the following morning, Smith
began receiving phone calls and Reynolds learned that King
had been killed. Following King's murder, Reynolds
quickly learned that he was a suspect. Four days later,
Reynolds created an alias, Dennis Graham, and ultimately left
for Jamaica in December of 2002. Reynolds returned to the
United States various times over the next decade. Upon
Reynolds's return to the country in April of 2014,
Reynolds was apprehended for King's murder.
cross-examination, the State addressed inconsistent
statements Reynolds made during the April 14 police
interview, which were at odds with his trial testimony. The
State asked Reynolds:
[STATE]: Didn't you tell the police, that in November of
2002, you were in the Virgin Islands?
[REYNOLDS]: Yes, I did.
[STATE]: And didn't you also tell the police that you had
never been to Maryland more than passing through?
[REYNOLDS]: Yes, I did.
[STATE]: So, you didn't tell them what you're telling
the jury today, that Wesley King was your great friend and
you regularly saw him and shared an apartment with him?
[DEFENSE COUNSEL]: Objection.
THE COURT: Overruled.
[REYNOLDS]: No, I was uncertain the capacity [sic] of Dennis