State v. Brouillard

745 A.2d 759, 2000 R.I. LEXIS 26, 2000 WL 132752
Supreme Court of Rhode Island·Decided February 4, 2000·No. 96-344-C.A.·Published·Cited by 22 cases

Opinion

OPINION

FLANDERS, Justice.

This appeal from a criminal conviction challenges the voluntariness of a defendant’s courthouse confession to a series of robberies that occurred in the southeastern part of Rhode Island during 1992. It also questions the propriety of the defendant’s absence from a pretrial chambers conference during which the trial justice granted the defendant’s motion to sever his case at trial from that of a codefendant.

The defendant, Joseph Brouillard, was indicted, tried, and convicted for committing two counts of robbery in violation of G.L.1956 § 11-39-1; committing two counts of conspiracy in violation of G.L. 1956 § 11-1-6; carrying a pistol without a license in violation of G.L.1956 § 11-47-8; possessing a firearm after being convicted of a crime of violence in violation of § 11-47-5; and for being a habitual criminal in violation of G.L.1956 § 12-19-21. The defendant’s cousin, Kenneth J. Brouillard (cousin), was also indicted on similar charges arising from the same incidents. However, instead of proceeding to trial, the cousin eventually pled guilty and received a sentence of twenty-five years, with eight to serve, seventeen suspended with probation. During defendant’s trial, just prior to closing arguments, defendant fled the jurisdiction. The police, however, eventually apprehended him, after which the court sentenced him in 1995 to fifty years imprisonment with twenty years to serve. 1

The defendant contends on appeal that (1) his confession to the police should have been suppressed, and (2) he should receive a new trial because he was not present at a pretrial chambers conference during which the trial justice granted defendant’s motion to sever his trial from that of his cousin. The defendant argues that this conference, conducted in his absence, violated his right to be present at every stage of his trial as guaranteed to him by the Sixth and Fourteenth Amendments to the United States Constitution, and by art. 1, sec. 10, of the Rhode Island Constitution, as well as by Rule 43 of the Superior *762 Court Rules of Criminal Procedure. For the reasons expounded below, we deny defendant’s appeal and affirm the judgment of conviction.

Analysis

A. Voluntariness of Defendant’s Confession

The defendant claimed that he was undergoing symptoms of alcohol withdrawal when he confessed to his crimes during a pre-arraignment courthouse meeting with the police on March 31, 1992 — a meeting that defendant had requested his wife to arrange. He averred that he had been in the habit of drinking a quart of vodka and several beers per day before his March 28 arrest. The defendant further suggested that, under the conditions of withdrawal imposed upon him during his post-arrest stay in the prison hospital ward, his mental state had deteriorated so drastically that his later confession during his March 31 courthouse meeting with the police should be considered involuntary. Although defendant did not give a statement to the police on the night of his arrest, he claimed that his “deteriorated mental state caused by his alcohol withdrawal was no resistance against the coercive police conduct during his interrogation.” While he was recuperating in the prison hospital ward at the Adult Correctional Institutions (ACI), defendant contended that “the [police] threats and promises [during his initial interrogation] kept amplifying in the defendant’s mind.” He further asserts on appeal that the record contains sufficient facts for this Court to conclude that his courthouse confession to the police several days after his arrest was not a product of his free and rational thought and that therefore it should have been suppressed.

1. Standard of Review

In reviewing a trial justice’s motion to suppress a confession, “we accord deference to the trial court’s factual findings concerning the historical events pertaining to the confession by using a ‘clearly erroneous’ standard of review.” State v. Carter, 744 A.2d 839, 845 (R.I.2000). With respect to the voluntariness of a confession, however, this Court undertakes a de novo review of questions of law and mixed questions of law and fact because constitutional rights are implicated in these determinations. Id. (citing State v. Nardolillo, 698 A.2d 195 (R.I.1997)). A defendant’s confession is admissible if the state proves by clear and convincing evidence that the defendant knowingly, intelligently, and voluntarily waived his constitutional rights, including his right to remain silent and to obtain legal representation. See id.

2. Initiation of Contact with Police and Defendant’s Waiver of his Rights

In determining the admissibility of a confession by a defendant who initially has invoked one or more of his or her Miranda 2 rights, two factors must be considered: (1) whether the defendant “initiated conversation” with the authorities; and (2) whether, considering the totality of the circumstances, defendant waived his or her “right to counsel and to remain silent.” State v. Lionberg, 533 A.2d 1172, 1177 (R.I.1987). In this case defendant not only initiated contact with police, but he also expressly waived his constitutional right to counsel and to remain silent immediately before he confessed to the crimes in question.

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State v. Brouillard, 745 A.2d 759, 2000 R.I. LEXIS 26, 2000 WL 132752 (R.I. 2000).

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