dissenting.
I respectfully dissent. The defendant was unconstitutionally interrogated prior to confessing, and nothing transpired between the impermissible interrogation and the subsequent confession that broke the causal link between the two. The tainted confession thus should not have been admitted at the defendant’s trial, and to do so was reversible error.
On October 23, 1993, Michael Holman was being held in the Livingston County Jail. He had previously invoked his rights to remain silent and to counsel. Accordingly, all interrogation by law enforcement should have ended. See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). However, Deputy Bill Wright approached Holman while he was still in custody and advised him that his lover had implicated him in William Stufflebean’s murder.
I agree with the majority that Wright’s conduct constituted an Edwards violation, because he reinitiated the interrogation of Holman after Holman had asserted his rights to remain silent and to counsel. See id.; see also Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) (“A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect ... amounts to interrogation.”); Brewer v. Williams, 430 U.S. 387, 399-400, 97 S.Ct. 1232, 51 L.Ed.2d 424 (1977) (holding detective’s statements to religious suspect that victim could not receive proper Christian burial until body was found was tantamount to interrogation despite absence of direct questioning). In my view, whether there was an interrogation here is not even a close question. Wright clearly expected to elicit a response. from Holman by presenting Holman with his lover’s incriminating statement. Indeed, it is hard to imagine any reason, other than to get Holman to talk, that Wright would have for presenting Holman with this statement. Thus, Wright’s conduct violated Edwards.
The issue, then, is whether the coercive effects of the violation were dispelled by the time Holman confessed. To me, the inquiry is relatively simple: whether the confession was the product of an unconstitutional interrogation. I consider the totality of circumstances in making this determination. Cf. Oregon v. Elstad, 470 U.S. 298, 310, 318, 105 S.Ct. 1285, 84 L.Ed.2d 222.(1985) (holding that in deciding whether defendant’s second confession is product of coerced first confession, courts should inquire into relevant circumstances evincing break in causal link between initial involuntary confession and subsequent confession; such circumstances include passage of time, change in venue, change in interrogators, and use of Miranda 6 warnings).
Such an analysis in this case leads me to conclude that Holman’s confession was the result of Wright’s unconstitutional interrogation. After Wright told Holman that he had been implicated by his lover, Holman called his stepfather, who testified that Holman was hysterical, and immediately wanted to confess “as a result of what [Wright] had told him.” (Appellant’s App. *422at 39.) Acting on his stepfather’s advice, Holman waited until the next day, when he again called his stepfather and asked that Wright be summoned back to the jail. When Wright arrived, Holman was brought to an interview room at the jail, where he waived his Miranda rights and confessed.
Only two facts support the majority’s conclusion, neither of which are singularly dispositive, nor do they together outweigh the other evidence that Holman’s confession was infected by the earlier unconstitutional interrogation. The first is the lapse of time. Evaluating all pertinent facts, the lapse in time between Wright’s interrogation and Holman’s confession did not purge the taint of the unconstitutional conduct. See United States v. Barone, 968 F.2d 1378, 1385 (1st Cir.1992) (holding lapse in time of twenty-four hours did not preclude relief where other facts established that defendant’s confession was still product of earlier unconstitutional interrogation). The exact length of time that elapsed between Wright’s interrogation and Holman’s confession is unclear, but it certainly was less than twenty-four hours. His only reason for waiting that long apparently was his stepfather’s advice. During that time, Holman remained in jail. He did not change locations. He was unable to contact his attorney. There is no evidence, in fact, that Holman had anything to do except mull over his lover’s confession until the next morning when he confessed to the same deputy who had unconstitutionally interrogated him the previous day. Moreover, Holman stated that he wanted to confess as a result of Wright’s impermissible interrogation. Substantial evidence reflects that, despite the lapse in time, Holman’s confession was the product of Wright’s interrogation.
The second fact supporting the majority’s position is Holman’s waiver of his Miranda rights. However, Holman’s subsequent Miranda waiver could not vitiate Wright’s earlier impermissible interrogation. Of course, standing alone a subsequent Miranda waiver cannot cure an earlier violation. See Edwards, 451 U.S. at 481-84, 101 S.Ct. 1880; see also United States v. Lee, 699 F.2d 466, 468 (9th Cir.1982) (“The circumstances surrounding a prior illegal confession may in some cases carry over and taint a subsequent confession ... even if the accused has been advised of his Miranda rights prior to the second confession.”); Desire v. Attorney General, 969 F.2d 802, 805 (9th Cir.1992) (holding Edwards violation not cured by reading of Miranda rights before defendant confessed). While Holman’s Miranda waiver is certainly a factor to consider, it does not permit us to overlook powerful evidence indicating that Holman’s confession was the product of Wright’s interrogation.
To support its view that Holman’s confession was not brought about by the unconstitutional interrogation, the majority notes that Holman did not immediately blurt out a confession upon being presented with his lover’s statement. This fact cannot be considered in isolation. Other evidence suggests that Holman did not immediately confess because he was overtaken by hysteria at the realization that his lover had incriminated him.7 Accordingly, the causal link between Wright’s impermissible interrogation and Holman’s subsequent confession was not broken. Thus, Holman’s confession was tainted by unconstitutional conduct and therefore inadmissible.
Although other evidence linked Holman to the crime, his confession was the most persuasive evidence on the charge of first-degree murder. See Arizona v. Fulminante, 499 U.S. 279, 296, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991) (“[A] full confession in which the defendant discloses the motive for and the means of the crime may *423tempt the jury to rely upon that evidence alone in reaching its decision.”) Because the admission of Holman’s confession was not harmless beyond a reasonable doubt, he is entitled to a new trial. Accordingly, I would grant the writ, and-respectfully dissent.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. Holman's stepfather described Holman's state of mind during their October 23 telephone conversation following Wright’s interrogation as “pretty hysterical.” (Appellant's App. at 32).