State v. Edwards

30 S.W.3d 226, 2000 Mo. App. LEXIS 1617, 2000 WL 1617749
Missouri Court of Appeals·Decided October 31, 2000·No. No. ED 77103·Published·Cited by 9 cases

Opinion

GEORGE W. DRAPER, III, Judge.

Gerald Edwards (hereinafter, “Appellant”) appeals from his convictions of second-degree murder, two counts of first-degree assault, and three counts of armed criminal action. Appellant challenges the admission of oral statements given to police, the sufficiency of the evidence, and comments made by the prosecutor during closing argument. The judgment is remanded for an evidentiary hearing on the issue of whether Appellant’s oral statements were voluntary.

On May 18, 1998, Edward Harris (hereinafter, “Harris”) and Jahmel Luster (hereinafter, “Luster”) picked up Appellant in a dark colored car. When Appellant got into the car, he saw Harris possessed an assault rifle. Appellant did not know who owned the car, but asked if he (Appellant) could drive. Harris was riding in the rear passenger seat and Luster was riding in the front passenger seat. When Appellant began to drive too fast, Harris told him to slow down because he had a “strap”1 on him. Luster had a semiautomatic pistol as well.

Appellant drove around until spotting a Mend on the corner of Wren Avenue and Thekla Avenue speaking to Anthony Atkins. The group continued to drive around the neighborhood, ultimately returning to the corner of Wren and Thekla. They saw Anthony Atkins again on the corner. speaking to a group of teenage girls. As Appellant approached the stop sign at the corner, Harris and Luster opened fire on the group. After shots were fired, Appellant sped away from the scene. Anthony Atkins was wounded fatally by a gunshot to the head. Two of the teenage girls were injured by gunshot wounds to their legs. Another escaped injury.

On June 2, 1998, Appellant was arrested in his home at approximately 11:30 p.m. and taken to the homicide office where [229]*229Detective Bryan McGlynn (hereinafter, “McGlynn”) interviewed him. McGlynn read Appellant his Miranda rights, which he waived, and Appellant initially gave an oral statement denying any involvement in the shootings. Later, Appellant gave a tape recorded statement implicating himself, Harris, and Luster in the shootings. That statement was taken at approximately 2:48 a.m. on the morning of June 3rd after Appellant signed a warning and waiver form.

When McGlynn requested Appellant to submit to a computerized voice stress test to determine whether he was being truthful, he refused. Appellant admitted that he had not been completely truthful about the chain of events, and informed the police that he knew the location of the assault rifle used in the shootings. Appellant explained he instructed his girlfriend to get rid of the rifle. Appellant spoke with his girlfriend via telephone, and the police recovered the rifle. Thereafter, Appellant signed another warning and waiver form and made a second tape recorded statement giving more details about his involvement in the shootings.

At the conclusion of a jury trial on September 29, 1999, the jury returned a verdict finding Appellant guilty of second-degree murder, two counts of first degree assault, and three counts of armed criminal action. Appellant appeals these convictions. Appellant, in his oral motion to suppress asserts that his confessions were involuntarily obtained. Appellant also alleges that the trial court erred in “taking the motion with the case,” instead of holding a suppression hearing outside the presence of the jury. The State challenges the form and procedure of Appellant’s motion to suppress and contends that the trial court properly heard the motion to suppress by “taking the motion with the case.”

On the morning of trial, defense counsel made an oral motion to suppress Appellant’s statements. The trial judge indicated that he would not hear the motion before the case, and defense counsel objected. When the State offered Appellant’s statements into evidence, defense counsel objected again. At the close of all of the evidence, the trial judge stated that he had considered all of the evidence, considered Appellant’s statements, and overruled the motion to suppress in its entirety. Appellant properly preserved this point for appeal.

Appellant contends that since the trial court did not conduct a suppression hearing outside the presence of the jury, it was unaware of all the surrounding circumstances as to how the police secured his statements. Appellant points out that the trial court was unable to hear Appellant’s recitation of the events since he chose not to testify at his trial. In his brief, Appellant notes several circumstances surrounding his arrest and confession that the court might have construed as coercive and/or sufficient to render his confession involuntary2.

When an accused challenges the admission of a confession on the grounds of involuntariness at the trial level in conformity with 542.296 RSMo (1994)3 it is normally accomplished by the filing of a written motion to suppress pursuant to Rule 24.04(b)l4, and heard before trial “unless the court orders that the hearing and determination thereof be deferred un[230]*230til the trial.” Rule 24.04(b)4.5 As well, Rule 24.05 states:

Requests that evidence be suppressed shall be raised by motion before trial; however, the court may in its discretion entertain a motion to suppress evidence at any time during trial6 (Emphasis added).

In State v. Williams, 654 S.W.2d 215 (Mo.App. E.D.1983) the defendant complained that his written statement was admitted into evidence without the benefit of a hearing outside the presence of the jury, resulting in a conviction for rape and sodomy. In that case, defense counsel made his oral motion to suppress prior to recalling the state’s last witness to the stand and complained that his (defendant’s) witnesses couldn’t afford to return to court another day. Id “[I]t [was] evident from the discussion in chambers that the trial court’s decision not to hold a hearing outside the presence of the jury was to accommodate defendant so as not to delay the trial.” Id.

The court stated “Rule 24.05 expressly provides that motions for the suppression of evidence shall be filed before trial but that the court may in its discretion entertain a motion to suppress evidence at any time during the trial.” Id. at 217. The court recognized the Williams “circumstances” as an exception to the rule in Missouri, and found no error in the trial court’s failure to hold a hearing outside the presence of the jury on defendant’s untimely motion. When the trial court hears such a motion with the trial, as opposed to before or during the trial when the jury is not present, it is operating under a narrow exception. Cases allowing motions to suppress to be heard with the case, in the presence of the jury, general address the suppression of physical evidence and identification evidence. See, State v. Taylor, 456 S.W.2d 9 (Mo.1970); State v. Rains, 537 S.W.2d 219 (Mo.St.L.Dist.1976); State v. Davis, 627 S.W.2d 308 (Mo.App. W.D.1981); State v. Martin, 643 S.W.2d 63 (Mo.App. E.D.1982); State v. Collins, 816 S.W.2d 257 (Mo.App. E.D.1991).

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State v. Edwards, 30 S.W.3d 226, 2000 Mo. App. LEXIS 1617, 2000 WL 1617749 (Mo. Ct. App. 2000).

30 S.W.3d 226 (State v. Edwards) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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