Massachusetts Apple Store deadly crash: Police did not coerce defendant, judge rules
A Plymouth County judge has denied a motion to dismiss statements and cellphone evidence in the Hingham Apple Store deadly crash case, ruling that the police did not coerce the defendant to speak up that day.
Superior Court Justice Michael A. Cahillane has found Bradley Rein spoke voluntarily to police, and his statements weren’t “the product of an irrational mind,” after the November 2022 incident, days before Thanksgiving.
Rein, 54 at the time, is accused of slamming his Toyota 4Runner SUV into the Apple Store at the Derby Street shopping plaza, killing one person and seriously injuring 22 others. He has been indicted on one count of murder in the second degree and one count of motor vehicle homicide by reckless operation in the death of 65-year-old Kevin Bradley, who lived in Wayne, N.J.
The defense looked to suppress statements that Rein made to police inside a cruiser at the scene and hours later at the police station and cellphone evidence, all of which the team argued would point to how the defendant was coerced and did not give consent.
On dashboard camera footage around a half hour after the incident, Rein is heard telling an officer, without any prompting: “Yeah, I was just looking for one of the stores, REI actually, and I’m looking around. And then instead of hitting the brake, I hit the gas, and that’s why it was just too late. How many people were hurt? Do you know?”
When asked for medical attention about 20 minutes later Rein responded: “I don’t think so. I’m just shaken up.”
Cahillane ruled that Rein’s first statement was “not the product of police interrogation” since it came “unsolicited and spontaneous.” The defendant had also not been intoxicated or under the influence of any illegal substance or medication.
“It was clear that police were investigating the crash into the Apple Store and knew Rein was the driver,” Cahillane wrote in his Dec. 23 decision. “Nonetheless, a brief detention at the scene of a motor vehicle accident for preliminary investigative purposes generally is not custodial.”
“A reasonable person in Rein’s position would not have experienced sitting in the cruiser as coercive,” the justice added.
At the police station, Rein described how the crash occurred: His right foot allegedly “got stuck on the accelerator, between the pedal and to the right of it, because of the vehicle’s design.”
The defendant has described it as an “involuntary” statement because he was physically shaking after the crash despite not being hurt and refusing medical attention on multiple occasions.
“An agitated state does not automatically render statements involuntary,” Cahillane wrote.
The crash scene. (Matt Stone/Boston Herald)