Wainwright v. LaSalle
Wainwright v. LaSalle
Opinion of the Court
In this habeas corpus case the State appeals from the District Court’s decision granting the writ and directing that the prisoner LaSalle either be released or retried within a reasonable time. The basis for the District Court’s decision was the use at LaSalle’s State trial of incriminating statements taken from him during interrogations at which he was not affirmatively accorded a Sixth Amendment right to counsel. In addition, LaSalle has filed a cross-appeal from that part of the District Court’s judgment rejecting another of his asserted grounds for granting the writ. While we differ to some degree with the District Court’s reasoning, we affirm its judgment granting the writ.
LaSalle’s State trial began on May 3, 1965, and he was convicted of second degree murder and sentenced on May 4.
In our view, however, we need not rule upon these contentions in the determination of this case. Rather, from other findings made by the District Court, the record supports the conclusion that under the circumstances of this case the statements taken from La-Salle during the post-arrest interrogations should have been excluded from the trial because they were not the product of his free and rational choice. Because we find this independent basis supporting the District Court’s decision, we need not rule upon the correctness of this specific reasoning which led the District Court to the same result.
LaSalle was an illiterate, Puerto Rican farm worker, age twenty-six, who had little formal education,
The circumstances under which La-Salle’s post-arrest statements were obtained may be summarized briefly. La-Salle was arrested in Fort Myers, Florida, around 10:00 a. m. on April 6, 1964. He was then taken to the Fort Myers jail and placed in a bare cell. Shortly thereafter, he was turned over to two police officers who immediately began questioning him about the murder bulletin they had received from Miami.
One factor giving ample justification to the District Judge’s implied finding of involuntariness is the conflict between the interrogating officers themselves with respect to the question whether any — the word is “any” — constitutional warnings were given at that time. One officer testified that LaSalle was advised of his rights, including his right to obtain a lawyer (although not that he would be furnished with one).
When LaSalle was not being questioned, he was kept in a cell which he claims had no bed or blanket. Further, at the Federal habeas hearing he testified, without contradiction, that he was not given food or water during the first twenty hours he was in custody.
Later that day, about 9:00 p. m., two other police officers arrived from Miami. Together with one of the officers who had questioned LaSalle earlier, and perhaps another,
The interpreter, Ojah Sims, finally arrived and participated in further interrogation of LaSalle.
The following day, April 7, about 10:00 a. m. the Miami police officers returned with LaSalle to Miami. Upon their return, the same Justice of the Peace who had earlier issued the arrest warrant “came over and warned [LaSalle] of his legal rights.” But the record does not reveal what rights were included in the warning, whether it was given in English or Spanish, or whether it was understood by the prisoner.
For some reason or another the officers were unsatisfied, because about 4:30 that afternoon LaSalle allegedly confessed a second time — or perhaps a third time (see note 13, supra) — in response to questions posed in English by a third Miami police officer and translated into Spanish by still a fourth officer. This time he was warned in Spanish of his right to remain silent, but no warning concerning counsel was given. Again he confessed to a killing— this time giving a somewhat different version of the events from that given in his earlier confession.
In short, the record is chock-a-block with glaring inconsistencies. The testimony of different critical witnesses often conflicts, and there are many internal contradictions between the stories of the same witness given at different times. And on their stories the accused did, and the accused did not, admit the act, the crime, the presence, or the flight. Concentrated as these events were, on April 6 and 7, there was consequently a complete lack of indication that the confusion, ignorance, or lack of understanding which existed at an earlier time had dissipated when the last and paper-perfect admission came out.
The combination of events here justifies the conclusion that the confession was not the product of a free choice.
Therefore viewing these circumstances in their totality, we are impelled to the conclusion that LaSalle’s first confession cannot be considered voluntary. Although there is some indication that perhaps LaSalle was given better warnings before his second — or third — confession, the record will not permit a finding that there had been a “break in the stream of events” from the first invalid confession on April 6 to the later confessions of the following afternoon “sufficient to insulate” the final events “from the effect of all that went before.” Clewis v. Texas, supra note 17, 386 U.S. at 710, 87 S.Ct. at 1340, 18 L.Ed.2d at 426.
Affirmed.
. LaSalle had actually undergone a prior trial, which had ended in a hung jury. See note 13, infra and related text.
. 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977.
. Because LaSalle’s trial began before the date of the decision in Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, the Miranda rules are not directly applicable here. Johnson v. New Jersey, 1966, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882. They are nonetheless, relevant on the issue of voluntariness. Clewis v. State of Texas, 1967, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423.
. In Johnson v. New Jersey, supra, the Supreme Court noted the “precise holding” of Escobedo:
“Apart from its broad implications, the precise holding of Escobedo was that statements elicited by the police during an interrogation may not be used against the accused at a criminal trial, ‘[where] the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent * * *.’ ”
384 U.S. at 733-734, 86 S.Ct. at 1781, 16 L.Ed.2d at 892.
. See note 4, supra.
. Cf. Greenwald v. Wisconsin, 1968, 390 U.S. 519, 88 S.Ct. 1152, 20 L.Ed.2d 77, a post -Escobedo case in which the Supreme Court held the challenged confession “involuntary” and declined to rule on the question whether Escobedo would, in itself, require reversal of petitioner’s convictions.
We note, however, as the Supreme Court recognized in Miranda, the Esco-
. The record, which contains the Federal habeas papers, the testimony in the Federal habeas hearing, and the transcripts from both State trials, is a large one— comprising 640 pages in all.
. Although the record is not entirely clear, it appears that LaSalle reached, at most, the fifth grade.
. Whether and to what extent LaSalle could understand English is disputed. As might be expected, LaSalle testified at the Federal habeas hearing that he understood none of the English spoken to him by the interrogating officers. The officers, on the other hand, testified at the State trial that he appeared to understand the English questions directed to him during the interrogation sessions.
. This was the bulletin that had led to LaSalle’s arrest.
. This officer’s testimony on another point — the time of the second interrogation — is uniformly contradicted by all the other participants in that event.
. The State trial record is not entirely clear whether three or four officers were present.
. Exactly when LaSalle confessed for the first time is uncertain. At the second trial (see note 1, supra) one of the Miami officers testified that LaSalle admitted the crime in English before the interpreter arrived, while at the first trial the same man had said that LaSalle had denied the crime up to the time the interpreter came. If he confessed once in response to English questions, then there was a total of three statements.
. Sims’ interpreting competence was the subject of some question in the State Courts. This is but another instance of the potential “understanding gaps’’ that plague this record.
. As the Second Circuit stated in United States ex rel. Hughes v. McMann, 1968, 405 F.2d 773, 776:
“The test ‘has become increasingly meticulous through the years,’ Johnson v. New Jersey, supra, 384 U.S. at 730, 86 S.Ct. at 1779, and old cases upholding confessions, even Supreme Court cases not expressly overruled, are hence of little assistance.”
. See Sims v. Georgia, 1967, 389 U.S. 404, 88 S.Ct. 523, 19 L.Ed.2d 634.
. See Greenwald v. Wisconsin, 1968, 390 U.S. 519, 88 S.Ct. 1152, 20 L.Ed.2d 77; Clewis v. State of Texas, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423; Darwin v. Connecticut, 1968, 391 U.S. 346, 88 S.Ct. 1488, 20 L.Ed.2d 630.
. See Davis v. North Carolina, 1966, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895; Greenwald v. Wisconsin, supra note 17; Clewis v. State of Texas, supra note 17.
. See Sims v. Georgia, 1967, 389 U.S. 404, 88 S.Ct. 523, 19 L.Ed.2d 634.
. Because we have sustained LaSalle’s primary contention on the confession issue, we decline in the interest of judicial administration to rule on his cross-appeal on the search and seizure issue. This is because it has not earlier been presented to the Florida Court, see Boyer v. City of Orlando, 5 Cir., 1968, 402 F.2d 966, and it is not certain that on any retrial the matter will come up. In the event Florida chooses to retry him, these questions will be for that Court to consider in the first instance.
Reference
- Full Case Name
- Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellant-Cross v. Pablo H. LaSALLE, Appellee-Cross Appellant Pablo H. LaSALLE, Appellee-Cross v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellant-Cross
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