Commonwealth v. Dixon
Commonwealth v. Dixon
Opinion of the Court
OPINION OF THE COURT
Appellant Linda Joyce Dixon, charged with the murder of her infant son Christopher, moved pre-trial to suppress an oral statement given by her to the police which admitted her guilt. The motion was denied. Thereafter appellant was convicted of murder in the second degree in a trial before a judge sitting without a jury. Post-verdict motions, which again challenged the admissibility of appellant’s confession, were denied, and sentence of 6V2 to 13 years imprisonment was imposed. This appeal followed. We shall reverse and direct a new trial.
Arriving at the Easton police barracks, appellant was placed in a small interrogation room. She was asked if she knew why the officers sought to question her and answered “yes.” One of the policemen then read aloud from a prepared form the constitutional warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Appellant was asked to repeat the words, to state whether she understood, and to sign the printed “waiver” form. She complied, and stated that she understood the warnings.
Before continuing this narrative, it is necessary to relate certain events which had taken place prior to this August 14 interview. Five months earlier, on March 14,1973, appellant had been adjudged guilty of the crime of malicious mischief
Reverting to the events of August 14, 1973, interrogation commenced as soon as Linda Dixon had signed the Miranda waiver, but it did not pertain to the malicious mischief charge. Appellant was shown a small black and white photograph of her deceased child, Christopher, taken at the age of ten months. One of the police officers asked Ms. Dixon, “Where is Chrissy?”, whereupon she broke into tears and wept for ten minutes. At the end of this time appellant stated, “I did it.” The police then asked, “How did you do it?”, and appellant related the details of the incident, seeking to explain her conduct as the desperate act of a mother no longer able to care for her child.
When the interview was brought to an end the police arrested appellant on the charge of malicious mischief and drove her to the Stroudsburg police headquarters. She
Appellant’s primary contention before us is that she did not “knowingly and intelligently” waive her constitutional rights to remain silent and to have a lawyer present during the police interrogation,
In Commonwealth v. Richman, 458 Pa. 167, 320 A.2d 351 (1974), this Court held that a valid waiver of Miranda rights requires that the suspect have an awareness of the general nature of the transaction giving rise to the investigation.
Applying Richman to the facts of the case at bar, it is apparent that the Commonwealth failed to establish Linda Dixon’s awareness at the time of her written “waiver” that the death of her son was to be the subject matter of the interrogation. Although appellant’s answer of “Yes” to the officer’s inquiry as to whether she knew why she was being questioned, coupled with other evidence in this case,
The Commonwealth contends that because appellant’s “waiver” of her Miranda rights was freely revocable, see 384 U.S. at 473-74, 86 S.Ct. 1602, 16 L.Ed.2d at 723, she did not truly waive these rights until she uttered an inculpatory statement.
Judgment of sentence reversed and case remanded for a new trial.
. In compliance with Pa.R.Crim.P. 323(i), the suppression court made findings of fact and conclusions of law with respect to the constitutional challenges to the defendant’s statements. In such a case, the basis for appellate review is supplied by those findings of fact which are supported by the record; where there are “lacunae” among the findings, we consider the evidence of the prosecution plus evidence of the defense which, read in the context of the overall record, remains uncontradicted. See Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (1961).
. The conviction was based upon Section 916.1 of the Penal Code of 1939, Act of June 24, 1939, P.L. 872, § 916.1 (now superseded by Section 3304 of the Crimes Code, 18 Pa.C.S.A. § 3304). The prosecution proved that appellant had done extensive damage to an apartment leased by her. The damage having been in excess of $50, the Penal Code denominated the offense a misdemeanor for which conviction could result in a maximum sentence of a $300 fine or 12 months imprisonment, or both. Section 916.1, id.
. “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.” Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 1628, 16 L.Ed.2d 694, 724 (1966).
. Because of our disposition of the case on this issue, we do not reach the additional arguments appellant makes in support of suppression of the statement.
. Mr. Justice, now Chief Justice, Eagen and the present writer separately concurred in Richman, but on grounds not here pertinent. See respectively, 458 Pa. at 176-83, 320 A.2d at 358-61, and 458 Pa. at 183-88, 320 A.2d at 355-58.
. Richman itself was concerned with waiver of right to counsel at a post-arrest line-up, see Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972), but the opinion stated that the same conclusions would also be applicable to a waiver of counsel obtained pursuant to the mandates of Miranda. 458 Pa. at 175, 320 A.2d at 355.
. The suppression record discloses that it had been widely reported by local newspapers that the body of a young boy had been discovered by the authorities. The trial record shows, additionally, that Dixon gave false and evasive answers to inquiries of acquaintances regarding her son’s whereabouts during the six week period prior to
. The written waiver form employed in this case explicitly informed the suspect that if she submitted to questioning, she could stop it at any time.
. See Commonwealth v. Alston, 456 Pa. 128, 317 A.2d 241 (1974), in which we held that such a warning is not required.
Dissenting Opinion
dissenting.
In my judgment, the conclusion reached by the majority is the result of an over-reliance on the sequence of events surrounding the interrogation of the appellant. The ulti
In Commonwealth v. Richman, 458 Pa. 167, 320 A.2d 351 (1974), this Court stated that a valid waiver of Miranda
A period of approximately ten minutes elapsed before appellant responded and immediately confessed.
The signing of the waiver form only evidences a suspect’s willingness to participate in the interrogation, however, the actual waiver occurs when the person begins to respond to the police inquiries. At the time appellant responded, she had been given Miranda warnings and knew the subject matter of the inquiry. The fact that the warnings preceded the explanation of the subject of the inquiry, under these facts, is of no moment. I would affirm the judgment.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. The majority does not and this writer need not consider the emotional state of mind of appellant immediately prior to her confession. In any event, it is likely that appellant’s emotional reaction would have been the same even if the police had prefaced the Miranda warnings by informing appellant that her son was the subject of the interrogation.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Linda Joyce DIXON, Appellant
- Cited By
- 39 cases
- Status
- Published