People v. Hardy

391 N.W.2d 412, 151 Mich. App. 605

• Court: Michigan Court of Appeals
• Decided: May 19, 1986
• Docket: Docket 75214
• Status: Published

Opinions

V. J. Brennan, J.

We adopt the facts as set forth in Judge Jobes’s dissenting opinion and we adopt the portions of her opinion holding that the trial court correctly found that defendant did not request the presence of an attorney, that the trial court did not err in finding that defendant knowingly, voluntarily and understandably waived his right to counsel and that defendant’s March 8, 1982, confession was properly admitted at trial.

However, we depart from Judge Jobe’s conclusion that the May 20, 1982, confession was inadmissible. In our opinion, the confession was admissible. The interruptions made by the defendant clearly show that no physical compulsion was imposed by the police upon defendant’s desire to speak. Also, defendant’s strong assertions and replies show that he was not in any way fearful of the officers. In fact, his responses show that he could have stopped making the statement at any time.

The record overwhelmingly shows that there is no mistake about the fact that he committed the crimes.

We find that the May 20, 1982, confession was not involuntary. People v Conte, 421 Mich 704; 365 NW2d 648 (1984), holds that we must examine the totality of the circumstances. Here we have two confessions. We have the tapes revealing no fear of physical abuse by the officers on defendant’s part as well as an indication that he felt and knew that he could stop making the statement at any time. Further, we have the trial court’s clear observations of the officers’ and the defendant’s demeanor and credibility._

We find, after considering all the relevant factors, that the inducements offered did not overcome the defendant’s ability to make a voluntary decision to make a statement. The trial court did not err in so finding.

Convictions affirmed.

Shepherd, P.J., concurred.