People v. Archuleta

411 P.3d 233
CourtColorado Court of Appeals
DecidedJanuary 26, 2017
DocketCourt of Appeals No. 13CA2154
StatusPublished
Cited by1 cases

This text of 411 P.3d 233 (People v. Archuleta) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Archuleta, 411 P.3d 233 (Colo. Ct. App. 2017).

Opinion

Opinion by JUDGE ROMÁN

¶ 1 Should statements made by a defendant in the course of an unconstitutional blood draw be suppressed as fruit of the poisonous tree? We conclude that the trial court correctly determined based on the particular facts of this case that statements made by defendant, Roger Louis Archuleta, were admissible. We also conclude there was no reversible error in the challenged jury instructions or admission of evidence. We therefore affirm the judgment of conviction.

I. Background

¶ 2 According to the prosecution's evidence, surveillance video in the housing facility where the victim was staying with defendant showed the following events. Defendant and the victim left defendant's apartment around seven in the morning on December 5, 2012. The victim did not appear to be injured when he returned home around noon. Defendant *236returned a short time later, made a few other brief outings that afternoon, then remained in the apartment the rest of the night. No one besides the victim and defendant entered or left the apartment that day.

¶ 3 That night, other residents and visitors to the housing facility heard loud noises. At about four in the morning on December 6, 2012, surveillance video showed defendant dragging the victim's body out of his apartment into the hallway. A few minutes later, surveillance video showed defendant dragging the victim's body back into his apartment. Defendant then informed a residential aide at the housing facility that he had a body in his apartment that needed to be removed. The manager then contacted the police.

¶ 4 When the police arrived at defendant's apartment, they found the deceased victim lying just inside the door, covered by a blanket. The police observed the victim had blood on him and appeared to have been beaten. They also found defendant seated on a mattress in the living room, apparently highly intoxicated and with a substantial amount of dried blood on his face and hands. Defendant mumbled "he died" and that it wasn't defendant's fault.

¶ 5 Police discovered that all four walls in the apartment bedroom were spattered with blood. According to the prosecution's blood spatter and bloodstain analysis expert, the state of the bedroom was potentially consistent with a physical altercation between two people.

¶ 6 The police took defendant to the police station; advised him of his rights under Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ; and interviewed him. They also took pictures of him, collected his clothing, and took swabs of suspected blood. Defendant ended the interview at the police station by indicating he wanted to speak to an attorney.

¶ 7 Without obtaining a court order or defendant's consent, police took defendant to the hospital, where three samples of his blood were drawn at one hour intervals. A doctor also examined defendant's finger at his request. After that, defendant was taken to the jail, where he was booked in, and fingernail clippings and swabs of his DNA were taken pursuant to a court order.

¶ 8 Defendant was charged with second degree murder and first degree assault. The trial court determined that the police had unconstitutionally ordered that samples of defendant's blood be taken. That determination is not being appealed.

¶ 9 The jury found defendant guilty as charged.

¶ 10 On appeal, defendant contends that his convictions must be reversed because under the fruit of the poisonous tree doctrine, the trial court erred by failing to suppress statements he made in the course of his transport to and detention at the hospital for his blood draws. Defendant also maintains that his convictions must be reversed because there were errors in the jury instructions and because the trial court improperly elicited and admitted testimony from the prosecution's blood spatter analysis expert that his conclusions were independently verified. We reject these contentions.

II. Fruit of the Poisonous Tree Doctrine

¶ 11 As a matter of first impression, defendant argues that the statements made while he was forced to undergo the unconstitutional blood draws should be suppressed because but for the illegal search, he would have been placed in a cell rather than being forced to continue interacting with the police officers. We disagree.

A. Defendant's Statements

¶ 12 To put the challenged statements into context with their relationship to the blood draws, we begin with a summary of the evidence on the recordings of defendant from the time he left the police department to the conclusion of his hospital visit. This summary is drawn from the evidence at the suppression hearing but was not all introduced at trial.

¶ 13 After being interviewed at the police station, defendant was handcuffed in order to be taken to the hospital for blood draws. Defendant was uncooperative-cursing, insulting, and apparently threatening the police *237officer when he refused to loosen or remove the handcuffs. When defendant heard the police officer discussing the blood draws, defendant said he was not consenting. Medical personnel came in to draw the first blood sample, but defendant refused and again demanded to be uncuffed.

¶ 14 Defendant offered to cooperate with the blood draw if the handcuffs were removed. The police agreed and removed the cuffs. Defendant was then so cooperative that one of the two officers assigned to him stepped out of the room for much of the hospital visit.

¶ 15 When the police informed defendant he would be waiting about an hour in the hospital for another blood draw, defendant said he needed to lie down. The police brought a bed into the room and found a blanket for him. They had not asked defendant questions or encouraged him to talk to them.

¶ 16 Nonetheless, defendant initiated various conversations with the officers during the next two hours at the hospital. He rambled about his strained relationship with his nephew, his long history as a boxer, and the evils of methamphetamine use, as well as inquiring about an officer's holiday plans. More importantly, woven throughout these conversations, defendant made numerous unprompted comments that seemed to relate to the victim's death. Although the police repeatedly reminded defendant that he had invoked his Miranda rights, he continued to ramble.

¶ 17 Defendant blurted that "you guys got me" and "let's go to jail." A short time later, defendant told the police, "[I]t's f* * *ed up shit. And I can't live with it. Can't live with it.... At my age I'd rather kill myself than do more time. This situation is f* * *ed up and I'm here to tell you about it." Defendant later added, "[I]f I did that, then I deserve to die." Later, defendant commented, "I'm in trouble. I know what's going on. But it wasn't my fault you know.

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Cite This Page — Counsel Stack

Bluebook (online)
411 P.3d 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-archuleta-coloctapp-2017.