Hill v. State

12 A.3d 1193, 418 Md. 62, 2011 Md. LEXIS 17
CourtCourt of Appeals of Maryland
DecidedJanuary 26, 2011
Docket149, September Term 2009
StatusPublished
Cited by21 cases

This text of 12 A.3d 1193 (Hill 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
Hill v. State, 12 A.3d 1193, 418 Md. 62, 2011 Md. LEXIS 17 (Md. 2011).

Opinions

BARBERA, J.

Petitioner Enoch Jermaine Hill stands convicted of the crimes of sexual abuse of a minor, second degree sexual offense, and unnatural or perverted sexual practice. Those convictions were based, in part, on the admission into evidence of two statements he made to the police during their investigation of the crimes. Petitioner sought suppression of the statements before trial, claiming that both statements were obtained in violation of Maryland’s common law rule that a statement by the accused that is the product of improper police inducement is involuntary and, thus, inadmissible.

Petitioner challenged the denial of the suppression motion on appeal to the Court of Special Appeals. That court, finding no merit in the claim, affirmed the convictions in an unreported opinion. We granted a writ of certiorari, Hill v. State, 411 Md. 740, 985 A.2d 538 (2009), to answer the following question:

Do statements made by an interrogating officer to a suspect implying a victim’s inclination not to prosecute if the suspect were to apologize constitute an improper inducement under Maryland common law where the suspect relied on those statements in making admissions to the police?

For the reasons that follow, we hold that Petitioner’s statements to the police were indeed the product of an improper inducement, entitling him to a new trial at which the statements may not be used against him.

I.

Because the legal question we decide involves the correctness of a ruling on a pre-trial motion to suppress evidence, it is unnecessary to discuss in detail the evidence that was [67]*67developed at trial.1 It is sufficient to note that the young victim of the incidents in question, whom we shall refer to simply as “Randy,” met Petitioner at the church where Petitioner, an ordained minister, was involved in the church’s Youth Department. Over time, Randy and Petitioner grew close and, during the summer of 2004, Randy became Petitioner’s godson. Randy’s mother occasionally allowed Randy to spend weekends with Petitioner at his home in Anne Arundel County, Maryland.

In April 2006, the Anne Arundel County Police Department began investigating Petitioner concerning allegations that he sexually abused Randy approximately a year and a half earlier, when Randy was eight or nine years old. In the course of that investigation, the police interviewed Petitioner at the police station. At that time, Petitioner disclosed that he had engaged in sexual contact with Randy on a number of occasions and, at the suggestion of the interrogating officer, he drafted a hand-written note to Randy apologizing for the sexual abuse.

Petitioner was later arrested and charged in the Circuit Court for Anne Arundel County with the various sexual offenses we have mentioned. He filed a motion to suppress the oral and written statements that Detective McLaughlin obtained during the interview.

The Motion Hearing

Detective Patrick McLaughlin, a sixteen-year veteran of the police department with more than three years’ experience in the child abuse unit, testified to the following at the hearing on the motion. Shortly after being assigned to investigate the case, he interviewed Randy, then twelve years old, at his home in Baltimore City. Following the interview, Detective McLaughlin suggested that Randy place a one-party consent [68]*68telephone call2 to Petitioner, to “elicit some type of admission or acknowledgment that the abuse occurred.” Randy and his mother agreed to make the phone call. The relevant portions of the call between Randy and Petitioner are set forth below:

[Randy]: But you know I, I missed you and I wanted to call to say hi.
[Petitioner]: I miss you too. Oh my, God. I been thinking about you wondering what you doin and stuff.
[Randy]: But you know I been thinking a lot about what happened between us and ...
[Petitioner]: I know.
[Randy]: ... remember that?
[Petitioner]: Yeah.
[Randy]: And I kind of, it kind of made me uncomfortable.
[Petitioner]: Yeah.
[Randy]: After I thought about it (inaudible) it made me uncomfortable.
[Petitioner]: Yeah, well you know I, I think we’re cool now
[Randy]: Yeah.
[Petitioner]: ... so.
[Randy]: But you know, when you touched me or the way I touched you, I don’t, I don’t want you, I don’t want you to get in trouble but just I promise that it won’t happen again.
[Petitioner]: Yeah, I just, you know, the Holy Ghost is a wonderful teacher and I love the Lord (inaudible), you know, God is just a wonderful God.
[Randy]: Um, can I ask you one thing?
[69]*69[Petitioner]: What?
[Randy]: Can you apologize to me?
[Petitioner]: Hmm?
[Randy]: Can you apologize to me?
[Petitioner]: I just want to, you know, I just want to go to heaven and forget what God is doing and continue to do, and I know that God is going to continue bless me and I just, you know, God is, we’re in a revival right now in Virginia, and God is, I can’t begin to describe all the things that God is, I can’t begin to describe it, you know.
[Randy]: Oh, um, yeah but ...
[Petitioner]: (Inaudible)
[Randy]: But can you apologize to me?
[Petitioner]: I, I, Randy I don’t wanna go into all that right now. I just wanna let God do his work. God is, is just doing great things right now and ...
[Randy]: Can you just apologize to me?
[Petitioner]: I really want ... (inaudible)
[Randy]: Well, maybe not apologize but just to admit that that did happen.
[Petitioner]: I, I’m not going into the (inaudible) I just want God ...
[Randy]: Okay, if you don’t, if you don’t apologize I’m gonna have to tell my mother.
[Petitioner]: I’m not, I’m not going to, why are you, why are you going to this route?
[Randy]: I just want you to apologize to me.
[Petitioner]: (inaudible) What did you say when you first got on the phone?
[Randy]: I miss you and I wanted to call and say hi and I been thinking a lot about what happened between us and it made me uncomfortable.
[70]*70[Petitioner]: Yeah, I, you know.
[Randy]: But I, I, I don’t want to you, I don’t want to get you in trouble.
[Petitioner]: Alright, and I understand cause we uh, both have done ...

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Cite This Page — Counsel Stack

Bluebook (online)
12 A.3d 1193, 418 Md. 62, 2011 Md. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-md-2011.