Opinion
GABBERT, J.
Following a non-jury trial, defendant Mark Allen Johnson was convicted of violating Penal Code section 187—committing second degree murder. Now appealing, Johnson alleges the trial court committed error by its rulings: (1) that he was duly advised, at all relevant times, of his constitutional rights; (2) that confessions and admissions given by [992]*992him were not the product of improper inducement; and (3) that interrogations of him made while he was under the influence of sodium amytal, a truth drug, were admissible. Defendant asserts the above rulings are in error since the “totality of circumstances” indicates the involuntary nature of his statements to the authorities.
About noon June 17, 1970, defendant Johnson, a Marine, returned to his civilian apartment at San Clemente after having spent the preceding day and one half on duty at the military base in El Toro, California. Upon entering his apartment, Johnson discovered his wife’s mutilated and lifeless body lying crosswise on the bed. He immediately summoned police assistance and explained tó the first arriving patrolman: “It’s my wife; I think she’s hurt.”
At 7:15 p.m. that evening Dr. Katsuyama, a qualified pathologist, did an autopsy on the body of Johnson’s wife. He estimated she had been dead for at least 18 hours (but not longer than three days) and that death had probably occurred three to six hours after a meal which included corn. The examination revealed that, in addition to multiple stab wounds, the victim had suffered a fractured skull caused by blows with a blunt instrument, possibly a bar stool. The doctor testified the blows to the victim’s head, which probably rendered her unconscious, were sufficient to cause death, though not immediately. The knife attack, which apparently took place while the victim was unconscious, involved use of a weapon, never found, which was estimated to have been a sharp knife with a four-to six-inch blade.
Defendant Johnson was neither charged nor arrested in the 12 months immediately following the homicide, even though some circumstantial evidence tended to indicate he was the perpetrator. This circumstantial evidence included, among other things, a statement by Betty Wylie, a neighbor, that she last saw Mrs. Johnson alive at approximately 8 p.m. on June 15, 1970. At that time both the Johnsons were home, and Mrs. Johnson was preparing a dinner consisting of comish game hens and com. Later that. evening, at about 12:20 a.m. Donald Simpson, another neighbor, heard an argument between a man and woman wherein the woman yelled two or three times, “Don’t hit me anymore.” Though he then went outside his apartment to investigate, Mr. Simpson was unable to tell where the voices were coming from. Later that morning, beginning at roughly 6:50 a.m., Mrs. Wylie telephoned Mrs. Johnson several times, but always failed to receive an answer. (Defendant had left the apartment earlier—at 4:30 a.m.—in order to report for duty as a military policeman.) Mrs. Johnson’s body was not found until approximately noon the following Wednesday, when Mr. Johnson returned from duty and phoned the police.
[993]*993In April 1971, Frank Oxandaboure, an investigator for the Orange County District Attorney’s office, was assigned to the case. Upon reading the police reports, Oxandaboure learned that the defendant had indicated a willingness to see a psychiatrist concerning the death of his wife. Oxandaboure accordingly arranged to meet defendant on June 10, 1971, at the El Toro base. After advising the defendant of his rights per Miranda, and receiving a waiver of those rights, Oxandaboure ascertained that the defendant was still willing to see a psychiatrist.
On Monday June 14, 1971, defendant met with Dr. Lindauer, a psychiatrist, employed by the People, for the first of seven major interviews (totaling 28-30 hours) which were to take place over a nine-day period, concluding on June 22, 1971. For all these interviews, with the exception of the last, the defendant was provided with transportation from the base to the doctor’s interview locale by police officers. The defendant was not, however, either placed under arrest or taken into custody until after having undergone a sodium amytal interview on June 21, 1971. Prior to that time, the defendant was told, on numerous occasions, he could talk or not talk to the psychiatrist as he chose, but if he did talk to the psychiatrist the contents of his interviews would be relayed to the Orange County prosecuting officers and would, in appropriate circumstances, be used against him in court.
The first four psychiatric interviews occurred on a daily basis from June 14 to June 17, 1971. The record is clear that, as the Monday, June 14 interview was scheduled to begin, Johnson again had his rights explained to him. The record is less certain, however, as to whether Johnson was readvised prior to the Tuesday, Wednesday, or Thursday interviews.
These first four interviews between Johnson and Dr. Lindauer focused primarily on Johnson’s past history and his dreams. Insofar as the record indicates, Johnson made no remarks which could reasonably be deemed either admissions or confessions. Rather, he exhibited confusion as to precisely what events did occur on the night of June 15-16, 1970. This confusion, which was accompanied by vague guilt feelings, is expressed by Johnson as follows: “I don’t know if I did it or not, but I don’t recall ever having done it, I am beginning to wonder if I did, since so much points to me as the one who did. Maybe I did it, but I don’t know. Maybe this is because of all the pressure which points to me.”
Indicative of the paucity of incriminating statements which Johnson made to Dr. Lindauer over the first four interviews is the-fact that, all things considered, Dr. Lindauer concluded the most damaging evidence adduced was Johnson’s description of a dream which he had on the anni[994]*994versary of his wife’s death. This dream involved Johnson in the process of cutting down a big tree with pruning shears. Johnson found he needed only two whacks to fell the tree. In describing the incident to Dr. Lindauer, Johnson explained it was something he “had to do.” The psychiatrist interpreted this dream as being indicative of Johnson’s guilt, with the tree standing for Johnson’s wife and with the two whacks of the pruning shears standing for the blows that Johnson gave his wife with the bar stool. The psychiatrist also noted with interest Johnson’s mention that the time of the chopping incident was 12:45. As noted above, Mr. Simpson, a neighbor of the Johnsons, heard a woman scream “Don’t hit me anymore” at approximately 12:20 on the night of the homicide.
A fifth psychiatric interview occurred on Friday, June 18, 1971. Since the defendant had been inquiring about possible penalties for the offense, Dr. Lindauer invited Oxandaboure to come to the interview and explain such facts to the defendant. Dr. Lindauer stated that Oxandaboure discussed the possible consequences involved if Johnson were convicted of first degree murder, second degree murder, manslaughter, or if he were acquitted. Dr. Lindauer also explained that Oxandaboure stated a murder charge would be filed against Johnson next week whether or not he confessed prior to then. Also, Dr. Lindauer heard Oxandaboure state “Of course, we don’t want a false confession.” Johnson, by contrast, claims that Oxandaboure, at this interview, made improper inducements to his confession by in essence stating that first degree murder charges would not be filed if Johnson confessed.
The following day, Saturday, an additional interview was scheduled between Dr. Lindauer and Johnson, at the request of Johnson. By this time Dr. Lindauer was rather firmly convinced that Johnson was guilty of the homicide. He gave defendant a hypothetical scenario of how the homicide might have occurred, as follows: “It boiled down to probably his [Johnson’s] going up to smoke pot with a neighbor and his wife locking him out [of their apartment] because he was stoned and then his climbing through the window and his wife was in bed but perhaps not asleep, and, if she or when she threatened to leave him, partly because she was a tease, he struck her with what was at hand, because he was scared and angry and what was at hand was apparently the bar stool.”
The stabbing occurred afterward.
Also on Saturday, Johnson and Dr. Lindauer, at Johnson’s instigation, went back to the apartment area to look under rocks to see if the two of them could find the knife used in the stabbing. They were unsuccessful.
On Monday, June 21, 1971, Johnson telephoned Dr. Lindauer to describe the dream he had had the preceding night. Dr. Lindauer de[995]*995scribed that conversation in the record and stated: “He [Johnson] then said that he was going to contact Mr. Oxandaboure that morning to tell him that he feels guilty, but that honestly he could not recall the event and he said he wanted to find out the truth about himself, and then he said that he would ask for. hypnosis or a pentothal interview that very day, and I corrected it to amytal interview, I recall telling him that.”
Dr. Lindauer later in the conversation suggested, as he had several times in the past, that Johnson obtain an attorney. Johnson, as he had done in the past, declined to seek an attorney’s advice because he claimed the situation was “urgent.” Johnson then stated, “It apparently looks like I did it, but I can’t recall it. I feel guilty.”
A videotaped sodium amytal interview, given by a Dr. Hunter, occurred that very day.1 For the first time, Johnson made statements which could definitely be considered incriminating. At the beginning of the amytal interview, Johnson claimed he was unable to recall many of the events of the crucial night. With respect to the events that he did recall, Johnson was unsure whether his recollections were memories or visions, but he was inclined to think they were visions. As the interview continued, however, his memory became, by a slow process, somewhat clearer. He stated, for instance, “I grabbed the stool. I think I was going to hit her, but I don’t remember.” Later in the interview, he stated, “I think I did hit her—but I didn’t mean to hit her.” Still later, Johnson said, “I hit her and it didn’t register that it hurt.” Finally, much later in the interview, Johnson said, “I believe I killed my wife when I hit her with the foot [sz'c] stool, I don’t believe I stabbed her.” Throughout the interview, Johnson was unable to remember incidents involving the stab attack. Johnson did remember, however, he was covered with blood at one point, and that it was necessary for him to take a shower.
After the sodium amytal interview was completed, Johnson was placed under arrest for the first time and kept in custody in the San Clemente jail.
The next day, June 22, 1971, interrogation of Johnson continued. Johnson was read his rights, and then made statements which tended to incriminate him. He, for instance, admitted to remembering he had the bar stool in his hand on the fatal night. He also remembered a shower was necessitated that night because he was covered with blood. Further, Johnson indicated at the interrogation that he thought he remembered throwing his wife’s wallet off a pier after the homicide had occurred. He [996]*996also indicated he remembered shoving a knife underneath a rock on that evening.
Johnson challenges the voluntariness of the police interviews of June 22, 1971, as related above. He asserts that, at the time of these interviews, he was still under the influence of the truth serum sodium amytal, and he was consequently unable to intelligently consider and waive his Miranda rights. Moreover, he asserts the June 22d interrogation suffers from the same defects of the previous day’s sodium amytal interview, in that whatever confessions or admissions .he made were inherently unreliable and involuntary.
On the basis of the record before him, the trial judge ruled that statements made by the defendant during the nine-day period of interrogation were voluntarily made. He found, at all material times, defendant Johnson had been advised of his rights pursuant to the Miranda case. He additionally found nothing prohibited by law was used to induce or coerce statements by the defendant, and the defendant was not under the influence of sodium amytal to the point it affected his ability to make free decisions about whether to answer questions put to him by his interrogators. The trial court thus concluded, on a reasonable doubt standard, that statements made by the defendant were both voluntary and admissible.
In challenging his conviction, defendant Johnson asserts the “totality of circumstances” requires this court to find his statements were involuntarily made, being psychologically coerced by the authorities. He alleges initially he was not advised, at all relevant times, as to his rights pursuant to the Miranda decision. He additionally claims whatever confessions or admissions he may have made were improperly induced by prosecutorial promises of leniency in the event he did confess. Finally, defendant Johnson alleges truth' serum interviews per se are inadmissible because they are scientifically unreliable. This allegation goes directly to the sodium amytal interview of June 21, 1971 and also to statements made by him the following day, when he maintains he was still under the influence of the sodium amytal.
I
Defendant Johnson alleges he was improperly and inadequately advised of his constitutional rights during a period of what he characterizes as continuous interrogation from June 14, 1971, to June 22, 1971. Defendant first maintains he has a constitutional right to receive a readvisement of his Miranda rights prior to each separate episode of interrogation. He claims he did not receive such readvisement and therefore any confessions made by him should be ruled inadmissible. Defendant secondly urges he was given a series of conflicting warnings as to his Miranda rights and such con[997]*997flicting warnings negate the effect of any warning properly given. Thirdly, defendant asserts the police had a duty to maintain written records of their advisements of rights to the defendant and of his waivers thereof, and he specifically criticizes the failure of the videotape (of the June 21, 1971 sodium amytal interview) to include a Miranda advisement and the failure of the tape recording of the June 22, 1971 interrogations to be prefaced by Miranda advisements. Last, defendant asserts that he could not properly have been advised of his rights per Miranda because, at the time of the interrogation, he was “an inexperienced youth.”
Unless preceded by an adequate warning of constitutional rights and a voluntary and knowing waiver, thereof, a confession is inadmissible if made during the course of a police investigation which is focused on a particular individual, who is then in police custody. Specifically, a suspect individual must be informed of his constitutional rights to the presence of an attorney, and, if he is indigent, that an attorney will be appointed for him. Such a person must also be informed that he has an absolute right to remain silent. (Miranda v. Arizona, 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974]; Escobedo v. Illinois, 378 U.S. 478 [12 L.Ed.2d 977, 84 S.Ct. 1758]; People v. Dorado, 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361].)
Defendant initially asserts a contemporaneous warning is required under Miranda at the outset of each interrogation, citing People v. Matthews, 264 Cal.App.2d 557 [70 Cal.Rptr. 756]. Since the record does not reflect the defendant was warned prior to each separate episode of interrogation, he asserts that much of the evidence admitted at trial was improperly admitted.
The law does not require that a defendant be readvised of his rights prior to each separate interrogation. (People v. Brockman, 2 Cal.App.3d 1002, 1006 [83 Cal.Rptr. 70]; People v. Long, 263 Cal.App.2d 540, 545 [69 Cal.Rptr. 698]; People v. Sievers, 255 Cal.App.2d 34, 37-38 [62 Cal.Rptr. 841]; People v. Perrin, 247 Cal.App.2d 838 [55 Cal.Rptr. 847].) Subsequent interrogations without Miranda warnings are insulated from successful constitutional attack upon a judicial finding of fact that a prior adequate Miranda warning was given within a reasonably contemporaneous period of time. (See People v. Johnson, 70 Cal.2d 469, 477 [74 Cal.Rptr. 889, 450 P.2d 265].) The case of People v. Matthews, supra, 264 Cal.App.2d 557, on which defendant relies heavily, does not contradict the above law since Matthews involved a situation wherein the prior Miranda warnings were deficient in coverage.
In the instant case, there is more than adequate evidence that defendant Johnson was advised of his rights on numerous occasions. There [998]*998is, in addition, evidence that, on June 10, 1971, when Oxandaboure first met the defendant, he read Miranda rights to the defendant verbatim from a card. There is additional clear evidence that prior to the first psychiatric interview Miranda rights were again read to the defendant from a card. At various other points later on in the interrogation, there are other instances where defendant was again formally read his rights verbatim from a card.
Defendant’s next allegation in connection with Miranda warnings is that he was given conflicting versions of his Miranda rights. He cites People v. Johnson, supra, 70 Cal.2d 469, 477 for the proposition that “[a] series of conflicting warnings might well negate the effect of warnings that were properly given.” Conceding the truth in this statement, it is difficult to ascertain the defendant’s precise objection, since this court has not discovered any instance of a misleading advisement.
Defendant also objects to the failure of the prosecution to produce written or recorded evidence that the defendant waived his Miranda rights. Specifically, the defendant refers to the videotape made under sodium amytal, and notes the videotape is not preceded by a recorded advisement of rights. Since, as noted above, the state was under no obligation to continually readvise the defendant of his rights per Miranda, the fact that, in any particular instance, there is no written or recorded advisement and waiver of rights is not fatal. Indeed, and more basically, it has been explicitly recognized in this jurisdiction there is no requirement whatsoever that Miranda warnings and waivers be recorded or written. (People v. Baxter, 7 Cal.App.3d 579 [86 Cal.Rptr. 812].)
Defendant’s final allegation is that whatever Miranda warnings were given were inadequate in view of his youth and inexperience. Defendant offers no citations of authority for this proposition. Moreover, the record simply does not support any contention that Johnson, a Marine, was inexperienced in the ways of life.
In sum, then, this court finds substantial evidence supports the trial court’s conclusion that Johnson was fully and adequately advised of his constitutional rights at all material times.
II
Johnson next contends that he was coerced into making a confession by a prosecutorial promise of leniency. He asserts Oxandaboure told him if he didn’t speak to the officers and tell them of mitigating circumstances, these officers would file a first degree murder complaint against him. Respondent, in contrast, denies any allegation of impropriety and [999]*999asserts any confession or admission made by Johnson was voluntarily made.
A confession is voluntary unless it is the product of a rational intellect and a free will. (Davis v. North Carolina, 384 U.S. 737, 739 [16 L.Ed.2d 895, 897, 86 S.Ct. 1761].) If an accused’s will to resist confessing is overborne, any resultant confession is per se not the product of a rational intellect and a free will. (People v. Ketchel, 59 Cal.2d 503, 520-521 [30 Cal.Rptr. 538, 381 P.2d 394]; People v. Lopez, 60 Cal.2d 223, 248 [32 Cal.Rptr. 424, 384 P.2d 16].) In inquiring into the voluntariness of a defendant’s confessions or admissions, a court must examine the “totality of circumstances” surrounding the state’s conduct. Factors such as the length of questioning, the nature of the questions, and the conduct of the authorities are all relevant in determining whether the accused’s free will was overborne. (People v. Stewart, 62 Cal.2d 571, 579 [43 Cal.Rptr. 201, 400 P.2d 97].)
On appellate review, where there is conflicting evidence as to the voluntariness of a confession, the trial court’s determination will not be disturbed unless it is “palpably erroneous.” (People v. Robinson, 274 Cal. App.2d 514, 520 [79 Cal.Rptr. 213]; People v. Stafford, 240 Cal.App.2d 422, 424 [49 Cal.Rptr. 598].) Taking a broad view in the instant case, it appears Johnson’s will was not overborne, and his prime motivation in submitting to interrogation was a self-driven desire that the “truth will out.” This motivational conclusion is buttressed by the fact Johnson was aware at all times and was consistently told he need not engage in any of the interviews with law enforcement officers or in any of the sessions with the psychiatrist. In this situation, the trial court was entitled to give great weight to the fact Johnson took the initiative, at times, in scheduling interviews with Dr. Lindauer and to the fact Johnson was the one who suggested a truth serum interview would be appropriate.
On the more limited question of an improper prosecutorial promise of leniency, defendant Johnson particularly objects to certain statements allegedly made by Oxandaboure on Friday, June 18, 1971, while defendant was in Dr. Lindauer’s office. There is ample evidence in the record to sustain a conclusion Oxandaboure was called to the office by Dr. Lindauer at the instigation of Johnson, who was very much interested in the penalty options he would face were he charged with the homicide. Mr. Oxandaboure testified as follows as to the contents of that interview: “I told or advised Mark Johnson of his rights again and I also told Mark Johnson that we had reached the case [sic] to the point where we were going to make a decision as to what we were going to do in the case, but in order [1000]*1000to properly evaluate the case we would like to hear from him, and from his lips only as to how he killed his wife.”
When this statement is viewed in the context of Oxandaboure’s other statements of that day, however, it becomes apparent Oxandaboure neither made nor implied any promise on the part of the Orange County prosecuting agency not to charge first degree murder in the event Johnson admitted to facts more compatible with lesser charges of homicide.
Defendant Johnson also asserts Dr. Lindauer said, on August 3, 1971, that Oxandaboure told Johnson, on June 18, 1971: “Look Mark, I either file a first degree murder conviction [sic] on you a la Hicks, or I try to find some way to get the goods on you which, ironically enough, if I do get the goods on you will reduce the penalty."
This statement, which was tape recorded, was presented in impeachment of Dr. Lindauer’s testimony on the stand. Despite the above, when testifying, Dr. Lindauer stated Oxandaboure had said to Johnson he would file a murder charge against Johnson with or without a confession. The thrust of Dr. Lindauer’s testimony, thus, tends to refute defendant’s charge there was a promise of leniency on the part of Oxandaboure.
In sum, there is substantial evidence in the record to support the trial judge’s conclusion that, beyond a reasonable doubt, no improper inducement was utilized to gain Johnson’s cooperation in the interrogative process. Consequently, with the exception of certain interviews conducted while defendant Johnson was under the influence of truth drugs (to be discussed, infra), all self-incriminating statements made by him meet the' requisite standard of voluntariness.
III
Defendant Johnson finally alleges that truth serum interviews are inadmissible because they are scientifically unreliable. He points to Evidence Code sections 350 and 351, which provide for the admissibility of only “relevant evidence.”
Defendant’s objection to evidence gathered while he was under the influence of sodium amytal extends to the original amytal interview on June 21, 1971, and also to police interviews occurring the next day. Uncontradicted expert evidence exists to the effect that defendant would still have been under the influence of amytal on June 22, 1971, at the times when he was reinterviewed by Oxandaboure and others.
Over defendant’s objection, the trial judge admitted the June 21, 1971, videotape of the sodium amytal interview on the theory that, though it [1001]*1001was hearsay, it was a voluntary statement within the admissions exception. The trial judge made this ruling without taking foundational evidence as to the reliability of such an interview technique. In fact, the interviewer, Dr. Hunter, was not even called to the stand; conséquently, the record contains no indication of his qualifications.
The defendant presented the only expert testimony in the record on the question of sodium amytal interviews. Drs. Wilson and Elliott both stated sodium amytal takes away anxieties, interferes with the ability to think rationally and clearly, reduces a person’s defenses, and makes one extremely suggestible and unable to comprehend the seriousness of the situation. Both doctors also testified that sodium amytal is not a universal truth drug, and that it is quite possible for a person to lie under the influence of sodium amytal. They further stated a subject’s truthfulness under the influence of sodium amytal is an “all or nothing” thing and that any evidence of untruthfulness would make the entire sodium amytal interview unreliable.
In the instant case, there is unequivocal evidence Johnson did not consistently tell the truth during the amytal interview of June 21, 1971. On that occasion, defendant Johnson stated he spent a portion of the night prior to the homicide upstairs with Jack, a neighbor, smoking pot. Since there is a stipulation in the record that Jack was not home on the night in question, the above statement of defendant Johnson is necessarily false.
Both Drs. Wilson and Elliott, when they learned of this “lie” with respect to Jack’s presence on the night of June 15-16, 1970, stated the entire contents of the sodium amytal interview would be untrustworthy. Each doctor emphasized the extreme suggestibility of a person under the influence of sodium amytal, and Dr. Wilson even suggested that Johnson’s knowledge of the impending charge would lead possibly to his giving a false confession.
The only witness asserting the reliability of the sodium amytal interview of June 21, 1971, was Dr. Lindauer. Under examination, Dr. Lindauer admitted he had personally never conducted a sodium amytal interview. He also testified that, though he had viewed sodium amytal interviews in the past, the last such occasion had been in 1963. Overall, thus, the record is clear that Dr. Lindauer cannot reasonably be considered an expert in truth serum interviews.
To this date, neither the Supreme Court nor any appellate court of this state has admitted into evidence polygraph or truth serum tests for the truth of the matter stated. The rationale for refusing admissibility of such tests is that there has been a lack of scientific certainty about the results. (People v. Jones, 52 Cal.2d 636, 653 [343 P.2d 577].)
[1002]*1002In this case, the People did not even attempt, by expert witnesses, to prove the reliability of sodium amytal tests. In such a situation, and in the face of the defendant’s experts’ testimony, it was clearly error for the truth serum interviews to have been admitted. Since defendant’s experts also testified Johnson was under the influence of sodium amytal on June 22, 1971, the day after the initial sodium amytal interview, it was likewise error to have admitted drug-influenced statements made to Oxandaboure on that day.
The error in admitting Johnson’s statements of June 21 and June 22, 1971, assumes constitutional dimensions since, on both days, the defendant essentially confessed to the homicide. While Johnson may indeed have voluntarily taken sodium amytal, this fact is insufficient to justify a conclusion that, during the course of his “drug-influenced” statements, his will was not overborne by the drug. In fact, given the uncontradicted expert testimony that sodium amytal interferes with the ability to think rationally and clearly and makes one extremely suggestible, it appears the trial judge abused his discretion in finding the instant drug-influenced statements voluntary and admissible.
The use of confessions obtained while a criminal defendant is in such an artificially suggestive state that his free will is overborne amounts to a denial of due process under both the federal and state Constitutions. Reversal of a conviction is required, in such a circumstance, even if other evidence is consistent with guilt. (Blackburn v. Alabama, 361 U.S. 199 [4 L.Ed.2d 242, 80 S.Ct. 274]; People v. Matteson, 61 Cal.2d 466, 470 [39 Cal.Rptr. 1, 393 P.2d 161]; People v. Trout, 54 Cal.2d 576, 583 [6 Cal.Rptr. 759, 354 P.2d 231, 80 A.L.R.2d 1418].) The fact that the instant case involved a trial by the court, as opposed to a trial by jury, is not decisive. (People v. Berve, 51 Cal.2d 286 [332 P.2d 97].)
The judgment is reversed.
Kaufman, J., concurred.