Mr. Umber was charged with sexual ofense in the fourth degree for having sexual intercourse with Lydia Haze, his then-girlfriend. The charge was based on a statute that makes it a crime for a person to have sexual intercourse with a 14 or 15 year-old minor when that person is more than four years older than the minor. At the time of the sexual act, Lydia Haze waws nearly sixteen years old. Mr. Umber is just over four years older than Lydia Haze. The case went to trial and the jury convicted Mr. Umber.
The Relationship Between Hubie Umber & Lydia Haze. Hubie Umber met Lydia Haze at a party shortly before Thanksgiving of 2002. They began dating. Lydia's parents became concerned when they learned Lydia was going out with Mr. Umber. He was a junior in college, and they feared that he was too old to be dating their daughter. Lydia's parents argued with Lydia about her seeing Mr. Umber. However, the Hazes never forbade Lydia from seeing him. Eventually, Mrs. Haze thought Lydia had stopped seeing Mr. Umber. But she was wrong. On June 20, 2003, while cleaning Lydia's room, Mrs. Haze found a matchbook from a local motel. Mrs. Haze thought the matchbook was odd because Lydia did not smoke. She confronted Lydia about where she got the matchbook. Lydia became upset and refused to answer any of her mother's questions. A few days later, Mr. and Mrs. Haze took Lydia to the motel. They wanted to speak with the manager to see if Lydia was ever at the motel with Mr. Umber. Mrs. Haze wanted to know if the couple had been having sex. At first glance, Mavis Notelle, the motel's owner and manager, did not recognize Lydia, who had no make-up on. But then Ms. Notelle realized that she had seen Lydia with Mr. Umber on June 7, 2003, when they checked into the motel at night. When Lydia came in with Mr. Umber, she was wearing a short skirt, fishnet stockings, spiked heels, and lots of make-up. They checked into a room, stayed for three hours, and ordered an X-rated movie. After they checked out, Ms. Notelle cleaned the room herself. The bed was turned down but there was nothing else in the room to suggest that the couple had sexual intercourse. Ms. Notelle was shocked to learn from Mrs. Haze that lydia was only fifteen. Ms. Notelle thought for sure she was at least eighteen. After returning home from the motel, Mrs. Haze called the police and told them what she knew, hoping that the police could "talk some sene into" Lydia and then persuade Mr. Umber to stay away from Lydia. When police officers arrived at the Haze home, Lydia, upset by their presence, did not cooperate with them. Sometime later, the police spoke with Mavis Notelle, who told the police what she had told the Hazes. After hearing from Ms. Notelle, the police decided to arrest Mr. Umber.
The Police Interrogation of Mr. Umber. Following Mr. Umber's arrest, officers Baker and Able took him to the police station. Knowing that it was unlikely that Lydia Haze would testify against Mr. Umber, the officers decided to engage in a "two-step", interrogation of Mr. Umber. The officers decided to question Mr. Umber initially without advising him of his Miranda rights (e.g., "You have the right to remain silent; anything you say can and will be used against you in a court of law..."). THe officers hoped that, without being advised of his rights, Mr. Umber would confess to having had sexual intercourse with Lydia. With the unwarned confession in hand, they then would inform Mr. Umber of his Miranda rights, hoping he would waive his rights, agree to answer their questions, and confess once again. The officers' plan succeeded. During the first phase of questioning, Mr. Umber confessed. The officers then gave him a twenty-minute break. After the break, the officers advised him of his Miranda rights, which he waived. In response to more police questioning, he confessed again. Both phases of the questioning were audio-taped.
The Trial. At trial, the People used Mr. Umber's "warned" confession against him. Also, during the trial, Mr. Umber requested that the court let him present a defense that he resonably believed that Lydia Haze was over 16 years old. Mr. Umber contended that Lydia had told him that she was 17 years old and had even showed him a driver's license that indicated as much. The court denied his request, concluding that the sexual offense statute was a strict liability statute that neither required the People to prove that Mr. Umber knew that Lydia was under 16 years old nor allowed Mr. Umber to present a mistake-of-age defense.
The New Trial Motion and the Appeal. After his conviction, Mr. Umber's confession made a motion for a new trial on two grounds. First, he contended that the trial court erroneously allowed his confession to be heard at trial. Second, he asserted that the trial court erroneously denied him the chance to present a mistake-of-age defense. The court denied Mr. Umber's motion for a new trial, and Mr. Umber appealed the case to the Westmoreland Supreme Court.
The Supreme Court of Westmoreland must decide whether admitting Mr. Umber's confession into evidence at his trial violated the Miranda rule and the Fifth Amendment right against compelled self-incrimination. The Court will also decide whether Mr. Umber should have been allowed to present his defense that he reasonably believed that Lydia Haze was over the age of consent.
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