State v. Johnson
State v. Johnson
Opinion
**871
The Court of Appeals concluded that defendant's inculpatory statements to law enforcement were given under the influence of fear or hope caused by the interrogating officers' statements and actions and were therefore involuntarily made.
State v. Johnson
, --- N.C.App. ----, ----,
Background
In the early morning hours of 2 May 2007, three men robbed a Charlotte motel where the victim, Anita Jean Rychlik, worked as manager and her husband worked as a security guard. After pistol whipping and robbing the security guard in the parking lot, two of the men entered the victim's room, where the victim was shot once in the back of her neck and killed. The men escaped, and no one was charged in the murder until October 2011. DNA evidence collected from beneath the victim's fingernails and analyzed in 2009 indicated defendant was the likely contributor.
Defendant voluntarily met with detectives on 24 October 2011 at the police station, where he was questioned in an interview room for just under five hours before being placed under arrest and warned of his rights as required by
Miranda v. Arizona
,
**872 Defendant was tried before Judge Eric L. Levinson at the 28 September 2015 criminal session of Superior Court, Mecklenburg County. On 6 October 2015, a jury found defendant guilty of first-degree murder under the felony murder rule with armed robbery as the underlying felony. That same day, the trial court sentenced defendant to life imprisonment without parole.
Defendant made a number of pretrial motions, including a motion to suppress statements he made to law enforcement while being interrogated on 24 October 2011. Defendant argued that he was subjected to custodial interrogation before being informed of his rights as required by Miranda , and that his inculpatory statements were made in response to improper statements by detectives inducing a hope that his confession would benefit him. The trial court denied the motion to suppress, concluding that "[b]ased *825 on the totality of the circumstances during the entirety of the interview, the statements made by Defendant were voluntary."
Defendant appealed his conviction to the Court of Appeals, arguing that the trial court's findings of fact "seem[ed] to intentionally downplay the influence of hope and fear" during his interrogation and were insufficient to support its conclusion that the
Miranda
warnings in this case were effective under
Missouri v. Seibert,
The Court of Appeals concluded that the detectives used the "question first, warn later" technique held invalid in
Seibert
, but that defendant did not make inculpatory statements prior to being advised of his rights as required by
Miranda
.
Analysis
I.-Standard of Review
We evaluate a trial court's denial of a motion to suppress evidence to determine "whether competent evidence supports the trial court's findings of fact and whether the findings of fact support the conclusions of law."
State v. Biber
,
Determinations regarding the voluntariness of a defendant's waiver of his
Miranda
rights or the voluntariness of incriminating statements made during the course of interrogation are conclusions of law, which we review de novo.
State v. Knight
,
II.-Voluntariness and Miranda
At common law a confession obtained through inducements, promises, or threats of violence lacked the presumption of reliability ordinarily afforded such statements, and therefore, was not admissible at trial.
State v. Roberts
,
*826
Dickerson v. United States
,
Compliance with
Miranda
is a threshold requirement for admissibility of such statements when made as a result of custodial interrogation
**874
and does not abrogate the need for confessions to be obtained in compliance with traditional notions of due process under both the federal and state constitutions.
Seibert
,
Whether the defendant's rights under
Miranda
and its progeny have been respected is a factor to be considered when assessing the overall voluntariness of a defendant's confession.
See, e.g.
,
III.-Compliance with Miranda in light of Seibert
"
Miranda
warnings are required only where there has been such a restriction on a person's freedom as to render him 'in custody.' "
Oregon v. Mathiason
,
In
Seibert
, the officer testified that he purposefully did not place the defendant under arrest until after he had questioned her for some time and she had fully confessed.
Seibert
,
The prewarning statement at issue in
Elstad
, on the other hand, was not made in a station house interrogation but rather in the defendant's home where officers had come to execute an arrest warrant.
Id. at 300-01,
The Court of Appeals here "agree[d] that the detectives in the present case used the same objectionable technique considered in
Seibert
," but held that because defendant "did not confess until after he was given his
Miranda
warnings," the court needed only to determine whether his statements were involuntary.
Johnson
, --- N.C.App. at ----,
While defendant has argued vigorously on appeal that his Miranda rights were violated by the officers' use of the "question first" technique, he did not make that argument to the trial court. He did not assert to the trial court that his postwarning statements suffered from the same constitutional infirmity as any prewarning statements, because there were no such inadmissible prewarning statements upon which he could base such an argument. Rather, he argued that the totality of his interaction with officers was involuntary because of the substance of his unwarned conversations with officers that morning. Although his motion to suppress includes an assertion that the officers "initially ... did not ascertain that he knowingly and voluntarily waived his rights to remain silent," he did not argue that the waiver of his rights under Miranda in the afternoon was not voluntary, knowing, and intelligent, nor that he did not understand his right to remain silent at the time he was Mirandized ; only that officers should have obtained the waiver earlier in the day. 1 In fact, he conceded to the trial court that "the technical requirements of Miranda may have been met," but contended that his statement should have been suppressed nonetheless because it was involuntary.
The trial court found as fact that the waiver forms introduced into evidence by the State "accurately reflect[ed] the required Miranda warnings." This determination is supported by competent evidence in the record and has not been challenged by defendant. Consequently, it is binding on appeal. Having made an appropriate waiver of his rights under Miranda , the finding supports the trial court's conclusion that "[t]he requirements of Miranda were satisfied." We therefore proceed to defendant's claim that his statements were involuntary.
IV.-Voluntariness
Although defendant does not argue that his postwarning statements failed to comply with
Miranda
, he does argue that they were
**878
involuntarily procured as a result of the statements made by officers during the first "round" of interrogation before he was
Mirandized
. Defendant contends that the officers' statements improperly induced hope that his confession would benefit him. His motion to suppress cites
State v. Pruitt
for the proposition that "a confession obtained by the slightest emotions of hope or fear ought to be rejected."
We assess the voluntariness of a confession by determining whether, under the "totality of the circumstances, the confession is 'the product of an essentially free and unconstrained choice by its maker,' " in which case it is admissible against him, or conversely, whether " 'his will has been overborne and his capacity for self-determination critically impaired,' " in which case " 'the use of his confession offends due process.' "
Hardy
,
**879
(4) statements made by the officers, including threats or promises or attempts to coerce a confession through trickery or deception; and (5) characteristics of the defendant himself, including his age, mental condition, familiarity with the criminal justice system, and demeanor during questioning.
2
None of these factors standing alone will necessarily be dispositive,
State v. Kemmerlin
,
In this case the trial court's findings of fact indicate that defendant came to the police department headquarters on his own without police escort, was not shackled or handcuffed, 3 and retained possession of his personal cell phone while inside the interview room. Defendant was placed in an interview room with two plainclothes police officers on the second floor of a secure law enforcement facility. At one point, his cell phone rang and it appears from the record that officers would have allowed him to answer had he chosen to do so. Officers made no threats of physical violence but did interrogate defendant rigorously and raised their voices. Defendant *830 was told, contradictorily and repeatedly, that officers both could not promise him anything and that the district **880 attorney would "work with him" and would "go easier on him" if he cooperated and gave them truthful information. After a lengthy interrogation, officers asked whether defendant believed he would be able to go home that day and defendant responded, "No." The following conversation ensued:
Officer 1: Then you're under arrest for murder.
Officer 2: If you don't believe you can get up and walk out of here, then I have no choice. You just told me you believe you're going to jail.
Officer 1: Did you just say that, yes or no?
Defendant: Yes, sir.
Officer 1: Then I'm going to have to place you under arrest and then I've got some stuff to do before I continue. Because to be voluntary, you've got to believe you can walk out of here.
....
Officer 1: If you feel like you can leave, then we're good. But if not, then we'll have to do something different. Do you think you can get up and walk out of here any time?
Defendant: Not at any time, only after you free me to go.
Officer 2: That's different, Bobby. Do you think you can walk out of here right now?
Defendant: Yes.
The unwarned portion of the interrogation lasted about five hours. When defendant was formally arrested, officers Mirandized him and secured a written waiver of his rights. Questioning continued for another four hours. During the unwarned portion of the interrogation defendant was given coffee and cigarettes and was offered food. He had access to the restroom if needed and was offered a wastebasket when he began to feel ill. Defendant was, at times, left alone in the interview room. There was no guard or police officer stationed at the door. Defendant was in his mid-thirties, had obtained his GED, and was articulate, intelligent, **881 literate, and knowledgeable about the criminal justice system and its processes. As the trial court found, defendant at times appeared eager to assist the officers in their investigation and offered to help, offered to wear a wire, and offered to do whatever else he could to help with the investigation.
The trial court concluded as a matter of law that, "[b]ased on the totality of the circumstances during the entirety of the interview, the statements made by Defendant were voluntary," and that "[t]he confession was not obtained as a result of hope or fear instilled by the detectives." Defendant argues that the trial court's findings of fact failed to disclose material circumstances regarding the giving of his confession and therefore do not support the trial court's conclusion of law. Defendant has challenged five of the trial court's findings of fact:
5 The Defendant was not told he was under arrest[.]
19[ ] The Defendant was emotional at times[.]
20 The Defendant cried at times[.]
21 The defendant expressed concern with his ability to "keep food down[.]"
26[ ] While there were no specific promises or threats made by law enforcement, the detectives conducting the interview did represent to the Defendant that the District Attorney "might look favorably" at the Defendant if he made a confession[.]
Defendant asserts that finding of fact 5 is "at best an incomplete finding," as he was told he would be arrested if he did not state that he was there voluntarily. While we agree that a more detailed finding may have preserved for the record a more nuanced understanding of the exchanges that took place between defendant and the interviewing officers, there is competent evidence in the record to support the finding as written. Consequently, the finding is conclusive on appeal.
Defendant similarly asserts that findings of fact 19, 20 and 21 "downplay" the actual circumstances of the encounter. Again, while it may be true that a more detailed set of findings would have more thoroughly described defendant's physical and emotional
*831
state, the findings as written are not erroneous. Instead, these findings are supported by the evidence in the record and it is not the duty of this Court to reweigh the evidence presented to the trial court. Consequently, we are also bound by these findings.
**882
Finally, defendant challenges finding of fact 26 as inaccurate. Defendant argues that detectives threatened him when they told him that they had sufficient evidence to convict him of capital murder and that he would "wear" the whole charge himself unless he provided them the names of his accomplices. However, we have held that informing a defendant of the charge he is facing does not constitute a threat.
See
State v. Richardson
,
In addition to challenging several of the trial court's findings of fact, defendant also argues that his statements were involuntary as a result of statements made by officers before he was
Mirandized
that "improperly induced hope that his confession would benefit him." Defendant's arguments incorporate the division of the interrogation into "rounds" as in the United State Supreme Court's analysis in
Seibert
,
Defendant did not argue to the trial court that officers made specific promises to him or threatened him. He simply argued that their statements "improperly induced hope that his confession would benefit him." We note that the presiding judge watched the entirety of the interrogation interview and concluded that defendant's statements were voluntarily made. The trial court had the benefit of observing the testifying witnesses and heard extensive arguments from counsel. The trial court's findings of fact are supported by sufficient competent evidence and support the conclusion that, under the totality of the circumstances, defendant was not coerced or induced through hope or fear into giving his confession and that his confession was in fact voluntarily given.
**883 V.-Conclusion
We hold that the Court of Appeals erred in condensing the Miranda and voluntariness inquiries into one. We also hold that defendant did not preserve the argument that officers employed the "question first, warn later" technique to obtain his confession in violation of Miranda and Seibert . The trial court's conclusion that the requirements of Miranda were met is adequately supported by its findings of fact, as is its conclusion that defendant's statements to officers were voluntarily made. We therefore modify and affirm the decision of the Court of Appeals.
MODIFIED AND AFFIRMED.
Justice HUDSON concurring in result.
I concur in the result reached by the majority. Here the Court of Appeals determined that although defendant's constitutional rights were violated by the trial court's failure to suppress his inculpatory statements, this error was harmless beyond a reasonable doubt due to the overwhelming evidence of defendant's guilt.
State v. Johnson
, --- N.C.App. ----, ----,
[W]e hold that the overwhelming evidence of Defendant's guilt of first-degree murder, based upon the evidence that Anita was murdered in the course of a robbery in which Defendant played an essential part, renders this error harmless beyond a reasonable doubt.
Both Josh and Tony, whose testimony Defendant did not move to suppress, identified Defendant as the third man involved in the robbery and shooting, and both stated Defendant was wearing a mask that covered his face. They both testified that Defendant and Tony entered the motel while Josh remained outside, and both claimed Defendant was carrying a gun. Brandy testified that there were two younger men without their faces covered, and an older, larger man whose face was covered by a mask. Brandy testified it was the older, larger man who held the **884 gun, and who entered the motel with one of the younger men. Most importantly, Defendant's DNA was recovered from under Anita's fingernails. Although Defendant's admission of participation in the crime, which we have held was involuntary, clearly prejudiced Defendant, in light of the overwhelming evidence presented pointing to Defendant as one of the three men involved in the robbery and murder, we hold the prejudice to Defendant was harmless beyond a reasonable doubt. We reach this holding on these particular facts, and because the jury was instructed on acting in concert and felony murder based upon killing in the course of a robbery. The State did not have to prove that Defendant shot Anita, only that he was one of the three men involved in the robberies and murder. The evidence that Defendant was one of the three men involved was overwhelming, and the State has shown beyond a reasonable doubt that Defendant would have been convicted even had his motion to suppress his inculpatory statements been granted.
Johnson
, --- N.C.App. at ----,
Accordingly, this Court's analysis and determination regarding defendant's constitutional rights is unnecessary, in my view.
See
James v. Bartlett
,
Because defendant did not seek to suppress any statements made to officers during the first several hours of his interrogation, before he was formally arrested and Mirandized , and in light of defendant's concession that "the technical requirements of Miranda may have been met," we do not find it necessary to determine whether he was "in custody" for purposes of Miranda before he was formally arrested. This position, taken at the hearing on the motion to suppress, appears to conflict with the motion itself which stated that "[u]se of Defendant's statement would be in violation of Fifth, Sixth and Fourteenth Amendment rights ... under case law of the United States Supreme Court, Miranda v. Arizona , and its progeny."
See, e.g.
,
State v. Kemmerlin
,
The Court of Appeals recited as fact that defendant was made to shackle himself to the floor of the interrogation room after he was placed under arrest, four and one-half hours after questioning began. Defendant has not challenged the trial court's finding that he was not shackled or handcuffed and that finding is therefore binding on appeal.
Reference
- Full Case Name
- STATE of North Carolina v. Bobby JOHNSON
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Whether the trial court erred in denying defendant's motion to suppress his confession whether the Court of Appeals erred in holding that defendant's confession was involuntary and should have been suppressed whether the error was prejudicial.