Commonwealth v. Henry

In all aspects except one, I join in the majority opinion. I agree that appellant’s exercise of his right to silence was not “scrupulously honored” and that the error in admitting statements made thereafter was harmless in view of the fact that appellant’s confession was both purely cumulative and wholly unnecessary to convict him of crimes for which his guilty had been otherwise properly and overwhelmingly established. However, I am unpersuaded that the United States Supreme Court’s holding in Arizona v. Fulminante, — U.S.-, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991) supports this result.

Before…