Chavez v. Martinez, 538 U.S. 760, 27 (2003)

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786

CHAVEZ v. MARTINEZ

Opinion of Stevens, J.

"O. M.: Uuuggghhh! my belly hurts . . .

. . . . . "Chavez: Nothing, why did you run (sic) from the police? "O. M.: I don't want to say anything anymore. "Chavez: No?

"O. M.: I want them to treat me, it hurts a lot, please. "Chavez: You don't want to tell (sic) what happened with you over there?

"O. M.: I don't want to die, I don't want to die. "Chavez: Well if you are going to die tell me what happened, and right now you think you are going to die? "O. M.: No.

"Chavez: No, do you think you are going to die?

"O. M.: Aren't you going to treat me or what? "Chavez: Look, think you are going to die, (sic) that's all

I want to know, if you think you are going to die? Right now, do you think you are going to die?

"O. M.: My belly hurts, please treat me.

"Chavez: Sir?

"O. M.: If you treat me I tell you everything, if not, no. "Chavez: Sir, I want to know if you think you are going to die right now?

"O. M.: I think so.

"Chavez: You think (sic) so? Ok. Look, the doctors are going to help you with all they can do, Ok?. That they can do.

"O. M.: Get moving, I am dying, can't you see me? come on.

"Chavez: Ah, huh, right now they are giving you medication." App. 8-22.

The sound recording of this interrogation, which has been lodged with the Court, vividly demonstrates that respondent was suffering severe pain and mental anguish throughout petitioner's persistent questioning.

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