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After Oreste Fulminante's 11-year-old stepdaughter Jeneane was murdered in Arizona, 1991, he left
the state.The Arizona supreme court, however,
reversed Fulminante's conviction and ordered him to be retried without the use of the first confession,
which the court judged to be coerced.Fulminante protested that his Fifth Amendment privilege against self-incrimination and his Fourteenth
Amendment due process rights had been violated because his confession to Sarivola had been under
threat.On the basis of these confessions, Fulminante was indicted in Arizona for first
-degree (capital) murder.A 1967
Supreme Court ruling had said that a confession under force or threat was always grounds for
overturning a conviction.The trial court, however, denied Fulminante's motion to suppress the confessions and found that both
confessions had been voluntary.Another prisoner named Anthony Sarivola was a paid informant of the FBI who became a friend
to Fulminante.Fulminante agreed and told Sarivola that he had, indeed, killed his stepdaughter.The state introduced both confessions as evidence at trial, and
Fulminante was convicted of murder and sentenced to death.He was later convicted of an unrelated federal crime and imprisoned in the state of New
York.Sarivola offered Fulminante protection from them if he would tell him the
truth.Therefore he claimed his confession should not be admissible as evidence of his guilt.
After Oreste Fulminante’s 11-year-old stepdaughter Jeneane was murdered in Arizona, 1991, he left
the state. He was later convicted of an unrelated federal crime and imprisoned in the state of New
York. Another prisoner named Anthony Sarivola was a paid informant of the FBI who became a friend
to Fulminante.
Fulminante was the target of tough treatment from other prisoners, who had heard that he was a
possible child murderer. Sarivola offered Fulminante protection from them if he would tell him the
truth. Fulminante agreed and told Sarivola that he had, indeed, killed his stepdaughter. He provided
convincing details of the crime, which he also confessed to Sarivola’s wife after he was released from
prison.
On the basis of these confessions, Fulminante was indicted in Arizona for first
-degree (capital) murder.
Fulminante protested that his Fifth Amendment privilege against self-incrimination and his Fourteenth
Amendment due process rights had been violated because his confession to Sarivola had been under
threat. Therefore he claimed his confession should not be admissible as evidence of his guilt. A 1967
Supreme Court ruling had said that a confession under force or threat was always grounds for
overturning a conviction.
The trial court, however, denied Fulminante’s motion to suppress the confessions and found that both
confessions had been voluntary. The state introduced both confessions as evidence at trial, and
Fulminante was convicted of murder and sentenced to death. The Arizona supreme court, however,
reversed Fulminante’s conviction and ordered him to be retried without the use of the first confession,
which the court judged to be coerced.
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