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Moreover, unlike the officers' conversation in Innis, which informed the suspect that his silence regarding the gun's location could result in serious harm to handicapped children, Officer Reese's remark provided Blake with no substantive information. The primary message that the taunt conveyed was simply that the information in the statement of charges showed Blake to be in a very difficult spot, a proposition that was obvious from a reading of that document. The taunt at most contained an implicit suggestion that Blake would be wise to cooperate in light of the information contained in the statement of charges. In the absence of any explanation of why cooperating, rather than conferring with a lawyer, would be the best choice for Blake, Reese could not have reasonably anticipated that his taunt would convince Blake to change his mind. Thus, we conclude that any marginal coercive effect that Reese reasonably would have expected the remark to have was even more subtle than that of the conversation at issue in Innis.

At the trial of David Alfred Blake (defendant) for second-degree sexual assault of his stepdaughter, the court allowed Dr. Mary Bowers, over Blake’s objection, to testify regarding statements that the victim made to Dr. Bowers during a sexual assault examination. The victim’s statements included identification of Blake as the perpetrator of the sexual assault. The victim was not called to testify at the trial. Before questioning Dr. Bowers regarding the victim’s statements to her, the State (plaintiff) asked Dr. Bowers about the purpose and nature of the sexual assault examination that she performed on the victim and the types of questions that Dr. Bowers typically asks in the process of performing this type of examination. Dr. Bowers testified that the purpose of the exam is to provide health care for an alleged sexual assault and that in order to direct the exam and determine what treatment is needed, Dr. Bowers asks detailed questions about the nature of the assault, including the identity of the perpetrator. Dr. Bowers explained that it is important for her to ascertain the victim’s emotional state and that knowledge of the perpetrator’s identity is important for determining the extent of testing and treatment needed. Dr. Bowers then testified that the victim told her that Blake had subjected her to forcible sexual intercourse over the past several years and that the most recent incident had occurred in the bathroom of their home a week prior to the examination. Blake was convicted on two counts and appealed his conviction to the Supreme Court of Wyoming.

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Valerie A Blake , age 57

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Before trial, the government had stated that it did not intend to make any reference to the polygraph. The government nonetheless filed a motion in limine requesting that the district court rule that if Blake argued to the jury that the fact that White interviewed Blake one-on-one indicated that the resulting statements were coerced, the government could introduce evidence of the polygraph to explain why Corporal White interviewed Blake by himself. The court denied the motion.

On August 31, 2006, Blake was indicted by a federal grand jury for carjacking resulting in death (“Count One”), see 18 U.S.C.A. § 2119 (West 2000), and for related firearm violations. The district court subsequently denied Blake's motion to suppress his post-arrest statements. Following a trial, the jury returned a verdict convicting Blake of the carjacking charge and of three of the four other counts. Blake was sentenced to life imprisonment.