People v. Liggett

2014 CO 72, 334 P.3d 231, 2014 WL 4694461
Supreme Court of Colorado·Decided September 22, 2014·No. Supreme Court Case 14SA88·Published·Cited by 170 cases

Opinion

*233 JUSTICE BOATRIGHT

delivered the Opinion of the Court.

{ 1 In this interlocutory appeal pursuant to CAR. 4.1, we consider whether the trial court should have suppressed statements that Defendant-Appellee Mr. Ari Liggett made to investigators during an interview on October 17, 2012. The trial court suppressed the majority of the statements that Liggett made during this interview because it found that they were involuntary. We, however, hold that, when considering the totality of the cireumstances, the investigators never overbore Liggett's will, and thus his statements were voluntary. Accordingly, we reverse the trial court's suppression order and remand the matter to the trial court for proceedings consistent with this opinion.

I. Facts and Proceedings Below

11 2 A police officer stopped the vehicle that Liggett was driving and, upon asking dispatch to sean the license plate, determined that it was associated with both a missing person (Liggett's mother) and an armed-and-dangerous person (Liggett himself). After the police officer ordered Liggett to turn the car off and place his hands through the window, Liggett sped off and a police chase ensued. During the chase, when Liggett attempted to make a right turn, the vehicle spun out and hit a concrete wall. Liggett then exited the vehicle and ran, and the police chased him on foot. Eventually, Lig-gett threw his hands up and surrendered, and the officers handcuffed him.

T3 Then, while "the officers were talking among themselves," Liggett made several unprompted statements, including:

® "I can't tell right from wrong. I'm insane. My psychiatrist will confirm it."
e "Hey guys, umm, I've just got a simple question. If I can convinee you that there's not probable cause that I'm sane, do you press criminal charges?"
©"I think I'm God. I've thought so for years."
® "I think breaking most laws is the right thing to do...."
® "I think that everyone can read my mind, see the past and the future, and shape-change, and they aren't [inaudible] to any mortal weapons or abuse because they can use their mind to control their emotions. I think that the whole world is a conspiracy out to get me because I'm the only person who can't do a number of those things."

1 4 Without responding to Liggett's assertions, the officers placed him in the backseat of a police car because he was under arrest. At that time, Sergeant Peterson asked Lig-gett if he was okay. Liggett responded that he was physically fine but that the past couple of days had been difficult. On suspicion that Liggett was involved with his mother's disappearance, Sergeant Peterson then asked Liggett if he would be willing to go to the sheriffs office and speak with some investigators. Liggett answered in the affirmative, and the police then took him to the sheriffs office.

T5 There, the investigators interviewed Liggett, un-handcuffed, in a small room. Lig-gett first spoke primarily with Investigator Clark and then separately with Sergeant Peterson. The interview began at approximately 2:50 a.m. when Investigator Clark stated, "I know that ... you came down here on your own," to which Liggett contradicted, "I actually didn't, you know. People, you know, um, more wanted to talk to me." Investigator Clark responded by asking Liggett, "[D]lo you want to talk to me? I'll help you out how I can, okay?" Liggett did not answer the question but rather stated, "Um, basically it boils down to this" and then launched into a speech of sorts that included the following statements:

® "I've been a victim of society my whole life."
@ "Ever since I was little ... I felt that everyone is, has, basically all the powers of God. They can shape-change to the past and future, anywhere, any time.... I think it's possible that I'm the only one who doesn't have those powers yet."
® "I think that, uh, breaking a lot of laws is the right thing to do."

T6 Eventually, Investigator Clark returned Liggett to the task at hand, stating that he was going to read Liggett his Mi *234 randa rights and clarifying, "[Rleally the things [sic] I need to talk to you about is your mom." After Investigator Clark read Liggett his Miranda rights, Liggett asked, "Can you call a public defender to be here now?" Investigator Clark responded, "No." He then gave Liggett a written copy of his rights and asked him to sign and initial the document. As Liggett prepared to sign the document, he stated, "You know, I would be found incompetent, um, at this present time.... Would all this be rejected as evidence if I talk to you?" Investigator Clark did not answer Liggett's question but stated, "So this is just up to you whether or not you want to talk or not." Liggett, in turn, did not respond directly to Investigator Clark's statement but asked where he should sign and initial the document.

17 After Liggett signed and initialed the document, Investigator Clark began asking him questions about his whereabouts for the past couple of days, which led to questions about his mother and culminated with, "Is your Mom hurt?" In response, Liggett first explained, "I think she might have committed suicide," and he eventually told Investigator Clark that she did so by ingesting potassium cyanide because she was "bipolar." And while he gave additional details over the course of the interview, he maintained that he found his mom dead and "panicked" because he needed money and was only included in her will as a trust beneficiary. Consequently, he decided to cover up her suicide so that he could continue to use her credit cards and checks. He further expounded that in an effort to conceal the suicide, he called two friends who came to the house to help him. 1

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People v. Liggett, 2014 CO 72, 334 P.3d 231, 2014 WL 4694461 (Colo. 2014).

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