State of Iowa v. Gowun Park

CourtSupreme Court of Iowa
DecidedJanuary 27, 2023
Docket21-0756
StatusPublished

This text of State of Iowa v. Gowun Park (State of Iowa v. Gowun Park) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Gowun Park, (iowa 2023).

Opinion

IN THE SUPREME COURT OF IOWA

No. 21–0756

Submitted November 16, 2022—Filed January 27, 2023

STATE OF IOWA,

Appellant,

vs.

GOWUN PARK,

Appellee.

On review from the Iowa Court of Appeals.

Appeal from the Iowa District Court for Dallas County, Brad McCall,

Judge.

The State seeks further review of a court of appeals decision affirming the

suppression of certain police interrogations of the defendant. DECISION OF

COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED

AND REMANDED.

Mansfield, J., delivered the opinion of the court in which all participating

justices joined. Waterman and May, JJ., took no part in the consideration or

decision of the case.

Brenna Bird, Attorney General, and Louis S. Sloven (argued), Assistant

Attorney General, for appellant.

Tammy Gentry (argued) and Gina Messamer of Parrish Kruidenier Dunn

Gentry Brown Bergmann & Messamer, L.L.P., Des Moines, for appellee. 2

MANSFIELD, Justice.

I. Introduction.

Our legal system tolerates some deception by law enforcement. But when a

suspect is being questioned, law enforcement may not use deception that

overcomes the suspect’s free will and may not make deceptive promises that would

be likely to trigger a false confession. In this case, a man died of strangulation

after being zip-tied up in a chair in his apartment. His wife was the only other

person present. The wife claimed, improbably, that he had tied himself up. After

interviewing her at the apartment, police officers took her to the police station,

Mirandized her, and questioned her further about how the man came to be tied

up. Initially, the officers told the woman falsely that doctors were still working to

try to save the man’s life—a deception they corrected only about an hour and a

half into the interview. The detectives also made various reassurances and

suggestions: that nobody deserves to be abused; that “people would understand”

if she was a victim of domestic abuse; that if an accident had occurred, they

needed to know; and that they were there to “help” her. The wife continued to

claim that her husband had tied himself up. The wife was released but was

arrested several days later and charged with murdering her husband.

On our review, we find that the officers’ deception did not exceed what our

legal system tolerates. The lie about whether the man had been pronounced dead

didn’t affect the woman’s essentially knowing and voluntary waiver of her Miranda

rights. The officers’ blandishments and expressions of sympathy didn’t amount to

concrete promises of leniency—either express or implied—that would create a fair 3

risk of a false confession. Accordingly, we vacate the court of appeals decision and

reverse the district court suppressing this interview and subsequent interviews.

We also affirm the court of appeals decision that reversed the district court and

found the immediate on-the-scene questioning following the woman’s 911 call to

be noncustodial and admissible.

II. Facts and Procedural History.

A. The Defendant’s 911 Call and the Arrival of Paramedics and Police.

Defendant Gowun Park has a bachelor’s degree, a master’s degree, and a Ph.D.

from universities in the United States. She was teaching economics at Simpson

College at the time of her husband Sung Woo Nam’s death. Park has lived in the

United States for the last twenty years. Although Korean is her native language,

she is fluent in English.

At 6:46 p.m. on Saturday, February 15, 2020, Park called 911 to report

that her husband Nam was not breathing. When paramedics and West Des

Moines police arrived at Park and Nam’s apartment, they found Nam face down

in the study room of the apartment, unconscious with no vital signs. Nam had

ligature marks on the front of his neck and throat as well as zip tie marks on his

wrists and ankles.

While the paramedics attended to Nam, two women police officers—Molly

Sweeden and Jordan Hinrichsen—took Park aside, made efforts to calm her

down, and asked her what had happened. Park was swooning and crying

hysterically. Park said she had been with her husband in the study an hour

before and had then moved to the living room, where she fell asleep while 4

watching television. Park said that upon waking, she found Nam had tied himself

to a chair that was leaning forward onto the floor. She cut him loose. Park

indicated that her husband had been suicidal in the past, had attempted suicide

about two years before, and had talked about suicide that day.

The paramedics made efforts to revive Nam before transporting him to the

hospital. Park was allowed to see Nam briefly as he was being wheeled out of the

apartment. Officer Hinrichsen told Park that Nam was still not breathing. Park

asked repeatedly if she could go to the hospital to be with her husband. Officers

told her she would be able to go once they got the information they needed to

understand what happened. They told her she could then arrange a ride to the

hospital since she was not in an emotional condition to drive. Officer Sweeden

continued her efforts to calm Park.

Nam was later pronounced dead at the hospital.

B. February 15 Interview of the Defendant at the Apartment.

Meanwhile at the apartment, after about twenty minutes, Sergeant Matthew

McCarty joined the discussion which was now occurring in the living room.

Sergeant McCarty asked Park if she remembered where the ties had been and

specifically whether he had been tied around his neck. Park said she couldn’t

remember.

Park sought repeatedly to retrieve her cell phone from the study to call an

unnamed friend. After discussing the matter among themselves, the officers

explained that they could not give her access to her phone or anything else in 5

the study. Park declined Sergeant McCarty’s offer to place the call for her and

other proposed alternatives that would allow her to contact the friend.

Once paramedics had transported Nam to the hospital, Park was generally

allowed to move freely around the apartment except for the study, where officers

remained gathering evidence. Officer Sweeden briefly escorted Park into her

bedroom and made her stay there so that Officer Hinrichsen could take

photographs in the living room.

About forty minutes after the paramedics and the police had first

appeared, a detective—Chris Morgan—arrived. He started reading notes to

update himself on the situation. Park asked Detective Morgan if she could get

her cell phone so she could go to the hospital. Detective Morgan responded,

“Okay, we’ve got to figure out what is going on because this is very weird. So I’m

sorry, but you’re going to have to bear with us a little bit.”

Detective Morgan asked Park to restate what had happened. Park

reiterated her claim that she had fallen asleep in the living room and then

awakened to find Nam tied up in the study and unresponsive. She again said

she couldn’t remember what part of Nam had been tied to the chair or if anything

was on Nam’s neck when she found him. She denied pulling a rope off Nam’s

neck. Again, Park sought access to her cell phone.

About twenty minutes after he had arrived, Detective Morgan explained,

Okay, so here’s the deal. . . .

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