Gorge v. State

873 A.2d 1171, 386 Md. 600, 2005 Md. LEXIS 251
CourtCourt of Appeals of Maryland
DecidedMay 10, 2005
Docket54, September Term, 2004
StatusPublished
Cited by20 cases

This text of 873 A.2d 1171 (Gorge v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gorge v. State, 873 A.2d 1171, 386 Md. 600, 2005 Md. LEXIS 251 (Md. 2005).

Opinions

GREENE, J.

We are asked to determine whether a sentence of life without the possibility of parole may be imposed if the record does not reflect that the State gave timely written notice to the defendant of the State’s intent to seek that sentence. Further, we are asked to decide if Mr. Gorge made voluntary statements to the police while hospitalized and recovering from serious self-inflicted wounds. On November 12-14, 2002, Jason Harry Gorge was tried by a jury in the Circuit Court for Baltimore County and convicted of one count of first-[604]*604degree felony-murder, one count of premeditated murder, and one count of robbery. On March 3, 2003, Mr. Gorge was sentenced to life without the possibility of parole for the first-degree murder conviction and to fifteen years for the robbery. Mr. Gorge appealed and the Court of Special Appeals affirmed the circuit court judgment. On August 25, 2004, we granted certiorari. Gorge v. State, 382 Md. 687, 856 A.2d 723 (2004).

We hold that the court may not impose a sentence of life without the possibility of parole unless the record satisfactorily reveals that the statutory conditions were satisfied, including giving written notice to the defendant at least 30 days before the trial. We also hold that Mr. Gorge’s statements to the police were voluntarily made.

FACTS

In October, 2001, Mr. Gorge and his girlfriend, Dorothy Brooks (“Dorry” or “Ms. Brooks”), were living in his car. Both were addicted to heroin and cocaine. On October 27, 2001, Mr. Gorge and Ms. Brooks overdosed, attempting to commit suicide. Their attempts failed and on the following morning, they both awoke extremely “drug sick,” in the words of Ms. Brooks. According to Ms. Brooks, Mr. Gorge told her he was going to go to his mother’s house to ask for money so they could “get well.” Ms. Brooks explained that getting well meant getting more drugs so that they would not continue to feel the pain of drug sickness. Ms. Brooks testified that she fell asleep and when she woke up, Mr. Gorge was back with a van. She got in the van with Mr. Gorge and they drove to the east side of Baltimore to purchase drugs. Ms. Brooks testified that Mr. Gorge told her that he borrowed the van from his grandfather. Eventually, they drove to a hotel in Pennsylvania and consumed more drugs. Ms. Brooks testified that while they were at the hotel, Mr. Gorge confessed to her that he hit his grandfather over the head, punched him, and strangled him. Ms. Brooks also testified that after Mr. Gorge confessed to her, he took an overdose of sleeping pills.

[605]*605Ms. Brooks fled and called her mother and asked some people she saw to call the police. Mr. Gorge came after her, but eventually returned to the hotel room, where he attempted to kill himself by cutting his throat and wrists and by stabbing himself seventeen times. The police apprehended him on October 30, 2001, and took him to a hospital in Pennsylvania for emergency surgery.

On October 31, 2001, police officers in Baltimore found the body of Mr. Gorge’s grandfather, Harry Gorge, Jr., at his home. The medical examiner determined the cause of death to be asphyxiation.

The Suppression Hearing

On May 29, 2002, the Circuit Court held a hearing on Mr. Gorge’s Motion to Suppress. The State called Chief Wesley M. Haverkamp, who was on guard duty at the hospital in Pennsylvania between October 30 and November 2, working the midnight shift. He testified that Mr. Gorge was in and out of consciousness and that he seemed to be in pain. Officer Lawrence Burger, Jr., was on guard duty at the hospital from 8:00 a.m. until 5:00 p.m. on November 1. He described Mr. Gorge’s injuries, noting that he had stitches on his neck from “ear to ear,” scratches and marks on his arms and legs, and puncture wounds. Officer Burger testified that Mr. Gorge was receiving medication in a pill form and through an IY, though he did not know what medication they were giving him. Officer Burger also testified that Mr. Gorge was restrained with shackles on one ankle and straps on both wrists. Officer Burger was present when two Baltimore County police officers arrived to interview Mr. Gorge.

Detective Kurt Wilhelm and Detective Alan Meyer, from Baltimore County, arrived at the hospital at 2:00 p.m. on November 1. Detective Wilhelm testified that prior to November 1, he had called the nursing staff several times to be updated on Mr. Gorge’s condition. He also testified that on the day of the interview with Mr. Gorge, he contacted the police department in Pennsylvania and they informed him that Mr. Gorge was conscious and could be interviewed. Detective [606]*606Wilhelm did not inquire about any medications that Mr. Gorge may have been taking, prior to interviewing him.

Detective Wilhelm testified that when he and Detective Meyer arrived at the hospital, Mr. Gorge was awake and appeared to understand who they were. Detective Wilhelm told Mr. Gorge that they wanted to talk with him about what happened in Baltimore County, and according to Detective Wilhelm, Mr. Gorge agreed to talk with them. Detective Wilhelm described Mr. Gorge’s demeanor as calm, alert, quiet, and subdued. Detective Wilhelm read Mr. Gorge his rights 1 and he initialed each right and signed the form. According to Detective Wilhelm, Mr. Gorge did not want to write a statement, but he agreed to respond to questions. Detective Wilhelm’s testimony continued as follows:

The first question I asked was, “How are you feeling?” His answer was, “Bad.” I asked him, “Do you want to talk to us about what happened in Baltimore?” He said, “Yes.” I asked him, “Are you up to it?” He responded, “Yes.” I said, “Can you remember what happened this weekend?” He answered, “I guess so.” I said, “What happened at your grandfather’s house?” To this question, he didn’t respond verbally. He just lowered his head and shook his head no. I said, “how did you get your grandfather’s van?” He responded, “I took it.” I asked him, “Did you hit your grandfather?” He answered, “Yes.” The next question was, “Why did you hit him?” He said, “Yes, I don’t know.” I asked him, “Were you and your grandfather fighting?” He answered, “A little bit.” Next question was, “Why did you go over to your grandfather’s house? To get money from him?” He answered, “Yeah.” Next question is, “Did he give you any money?” He answered, “No, he wouldn’t give me any.” The following question is, “Did you get into an argument after he would not give you any money?” He said, “Yeah.” Next question is, “what happened after that?” He responded, “We started fighting.” Question: Did you [607]*607hit your grandfather in the head with a bottle? Answer: Yes. Question: What kind of bottle? Answer: A drink bottle. Question: How many times did you hit him with the bottle? Answer: Twice. Question: Then what happened? The bottle broke. Question: What happened to your grandfather when the bottle broke? Answer: He pretty much went out.

Detective Wilhelm continued to tell of his interview with Mr. Gorge and testified that Mr. Gorge admitted to taking money, a van, and a shotgun from his grandfather. He also told the detective that he had tried to clean up after the fight and that he was not high but sick when he went to his grandfather’s house. After Detective Wilhelm finished his questioning of Mr. Gorge, Detective Meyer asked him a few questions about the clean-up and the location of the body.

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Bluebook (online)
873 A.2d 1171, 386 Md. 600, 2005 Md. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorge-v-state-md-2005.