N.J. Supreme Court denies Moorestown man's final appeal to have robbery confession overturned

A Moorestown man lost his final appeal to have a conviction and 15-year prison sentence overturned Tuesday when the New Jersey Supreme Court ruled a robbery confession had been properly obtained.

Brian Yohnnson, 32, alleged that Burlington County officials did not properly advise him of his rights or honor his request to have a lawyer present during questioning, and instead coerced his confession while he was in a heroin-induced stupor.

"We conclude that the defendant's confession was knowing, voluntary, and intelligent," Justice Helen Hoens wrote for the seven-member court that unanimously upheld the conviction.

The high court also agreed with a trial court's conclusions that Yohnnson's rights were "scrupulously honored" as he spoke with detectives during questioning.

"We are pleased with the outcome," said Burlington County Prosecutor Robert D. Bernardi. "The Supreme Court clearly determined there were no coercive tactics utilized in securing the confession by law enforcement and the rights of the defendant were scrupulously honored."

Thomas Rosenthal, a spokesman for the state Public Defender's Office, which handled the appeals, declined comment Tuesday. Messages left at Yohnnson's Moorestown home seeking comment were not returned.

The Supreme Court's decision ends the legal maneuvering that has unfolded since Yohnnson's arrest on Aug. 18, 2004, after the robbery of a Dunkin' Donuts in Maple Shade.

Witnesses told police the robber fled in a blue pickup truck. Shortly afterward, police were tipped off that Yohnnson was "shooting up" in his blue pickup parked behind a Maple Shade pizzeria, according to court records.

At the time of the arrest, authorities believed Yohnnson had robbed at least one other business in Maple Shade and two in Moorestown.

Police initially did not properly advise Yohnnson that he did not have to speak with authorities or that he could have an attorney present during questioning, according to court records.

Detectives alleged they stopped questioning Yohnnson when he said his uncle, a Moorestown detective, suggested he should have a lawyer.

Yohnnson alleged detectives kept questioning him. He also was told investigators had fingerprints and witnesses linking him to the crimes.

When Yohnnson asked for a cigarette, detectives allowed him a break with his uncle. Afterward, Yohnnson said he was ready to talk, was read his rights, and said he did not want an attorney, according to court records.

Yohnnson petitioned a Burlington County judge to suppress his confession at trial. When that was denied, he pleaded guilty to robbery and was sentenced to 15 years.

The case went to the Supreme Court after an appeals court overturned the conviction after questioning whether Yohnnson properly received his Miranda warnings. The Supreme Court noted that while one officer failed to read Yohnnson his rights properly at the time of arrest, detectives did do so before Yohnnson confessed.