Commonwealth v. Felice

693 N.E.2d 713, 44 Mass. App. Ct. 709, 1998 Mass. App. LEXIS 400
CourtMassachusetts Appeals Court
DecidedMay 7, 1998
DocketNo. 96-P-1795
StatusPublished
Cited by3 cases

This text of 693 N.E.2d 713 (Commonwealth v. Felice) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Felice, 693 N.E.2d 713, 44 Mass. App. Ct. 709, 1998 Mass. App. LEXIS 400 (Mass. Ct. App. 1998).

Opinion

Porada, J.

The defendant was convicted of arson of a building in the Maple Tree industrial complex in Palmer. On appeal, he claims error in the denial of his motion to suppress a taped statement given by him to police prior to his arrest for the arson on the grounds that neither his waiver of Miranda rights nor his statement was voluntary. We affirm.

1. Waiver of Miranda rights. The defendant argues that he did not possess the requisite mental state to waive his Miranda rights. While the motion judge found that the defendant had been to a mental health clinic on the same day he gave his [710]*710statement to the police, suffered from a personality disorder, and was depressed,, agitated, and highly emotional at the time of his interview with the police, he found the defendant nonetheless able to make a knowing and voluntary waiver.

In reviewing a judge’s determination that a voluntary waiver was made, the judge’s subsidiary findings will not be disturbed absent clear error. Commonwealth v. Libran, 405 Mass. 634, 639 (1989). We also give substantial deference to the judge’s ultimate findings, but we make our own determination whether the judge correctly applied the law to the findings. Ibid.

In concluding that the waiver was valid beyond a reasonable doubt, Commonwealth v. Edwards, 420 Mass. 666, 669 (1995), the judge properly considered the totality of circumstances leading up to the waiver, including the conduct and characteristics of the defendant and the details of the interrogation. Commonwealth v. Hooks, 375 Mass. 284, 289 (1978). We summarize those circumstances.1

Six days prior to giving the statement in question, the defendant, who was twenty and had had prior contact with the criminal justice system, was questioned by the police, based on his claim that he knew who set the fire at the industrial complex. On that occasion, the defendant gave the police the names of three men who set the fire. Upon investigation of those individuals, the police determined they were not involved in the fire. On the day of the statement which is the subject of the motion, the defendant, at the request of his probation officer, visited a local mental health clinic where he was an outpatient. He was apparently seen by a counselor or doctor and after denying any suicidal thoughts was released from the clinic. Several hours later, he was arrested by the Palmer police for assault and impersonating a police officer. Upon his arrest, he was given his Miranda rights, which he chose to exercise, and was placed in a cell. While confined to the cell, he began banging on the cell walls with his hands and legs. Hearing the noise, the police chief removed the defendant from his cell and brought him to his office. After an interval, he was returned to the cell and again removed by the chief when he resumed banging the walls. Upon this second removal, he informed the chief that he wanted [711]*711to talk to him about the fire. The chief stated that he could not discuss the fire with him without a waiver of his Miranda rights and that the discussion would have to take place with the State police officers in charge of the investigation. The defendant was then returned to his cell.

Two State police officers, Lieutenant Corry and Trooper Mazza, arrived several hours later to interview the defendant. Before the interview commenced, the police arranged for the defendant’s uncle to come to the station and talk to the defendant. The officers also offered the defendant food, but he elected to have hot cocoa only. At the outset of the interview, Corry gave the defendant Miranda warnings, and then Mazza repeated them. The defendant acknowledged that he understood them; however, he found it difficult to sign his name to the Miranda card waiving his rights, but he did sign his name and expressed a willingness to talk to the officers.

The interrogation was conducted in a small interview room at the Palmer police station by Mazza in the presence of the Palmer police chief. The defendant was tearful and emotional in the interview, but his answers to questions were lucid and responsive. Mazza spoke in a friendly, understanding manner and in a soft tone of voice. He repeatedly assured the defendant that he was sympathetic to him and wanted to help him. The defendant, after first disavowing any information and expressing fear, acknowledged that he set the fire. The interview lasted approximately two hours.

In those circumstances, we conclude the judge was justified in concluding that the defendant’s waiver of his Miranda rights was valid. See Commonwealth v. Rodriguez, 425 Mass. 361, 366-367 (1997) (even if defendant was depressed at time of confession, this would not require a finding that waiver of Miranda rights was involuntary).

2. Voluntariness of the confession. The defendant argues that his confession was the product of psychological coercion resulting from Mazza’s interviewing technique in which Mazza repeatedly offered the defendant psychiatric help. The motion judge found that Mazza’s interviewing technique was not such as to make the defendant’s confession involuntary, for he neither misled the defendant nor used any form of trickery or subterfuge. The judge also found that there was nothing out of [712]*712the ordinary in Mazza’s promises of help and that promises of help are not coercive.2

The voluntariness of the defendant’s statement requires a separate inquiry from the determination of the validity of the Miranda waiver. Commonwealth v. Magee, 423 Mass. 381, 387 (1996). Here again, we look at the totality of the circumstances attending the statement, id. at 388, to determine whether the Commonwealth proved the statement was voluntary beyond a reasonable doubt. Commonwealth v. Cryer, 426 Mass. 562, 566 (1998). While the promise of psychiatric help standing alone will not invalidate a statement, it may if the help is offered as a quid pro quo for the statement, Commonwealth v. Magee, supra at 387-389, or if it, in the totality of circumstances, overbore the defendant’s free will, inducing in him a belief that help, rather than punishment, would be forthcoming, Miller v. Fenton, 741 F.2d 1456, 1467 n.21 (3d Cir. 1984), rev’d on other grounds and remanded, 474 U.S. 104 (1985). Unlike the Magee case, there was no bartering of help in exchange for a confession. Rather, the issue here was whether the police officer’s promises of help were so manipulative that they overcame the free will of a person with the defendant’s characteristics. See Miller v. Fenton, 796 F.2d 598, 611 (3d Cir.), cert. denied, 479 U.S. 989 (1986).

Although the judge found that the defendant was depressed, highly emotional, and agitated at the time of the interview, he implicitly rejected the testimony of the defendant’s expert that the techniques used by the officer overbore the defendant’s free will.

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693 N.E.2d 713, 44 Mass. App. Ct. 709, 1998 Mass. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-felice-massappct-1998.