Massachusetts Supreme Judicial Court January 13, 2012 (Commonwealth v. Clarke)

Lenk, J.

While being held for custodial interrogation, and without having first waived the Miranda rights of which he had *337been advised, the defendant shook his head from side to side in response to the question, “So you don’t want to speak?” The police then posed further questions and, after a time, the defendant made incriminating statements.