State v. Farnsworth

738 N.W.2d 364, 2007 Minn. LEXIS 549, 2007 WL 2671251
CourtSupreme Court of Minnesota
DecidedSeptember 13, 2007
DocketA06-258
StatusPublished
Cited by34 cases

This text of 738 N.W.2d 364 (State v. Farnsworth) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Farnsworth, 738 N.W.2d 364, 2007 Minn. LEXIS 549, 2007 WL 2671251 (Mich. 2007).

Opinions

OPINION

MEYER, Justice.

Appellant Justin Paul Farnsworth was arrested and charged with three counts of criminal sexual conduct. Farnsworth pleaded guilty, but prior to sentencing moved to withdraw his plea, claiming that his plea was not voluntary because he was not aware that he could challenge the admissibility of the incriminating statements that he had made during a police interview. The district court determined that a fair and just reason existed to permit a plea withdrawal because it concluded that an incriminating portion of Farnsworth’s confession was involuntary and therefore suppressible. The court of appeals reversed and remanded for sentencing. We affirm the court of appeals but for a different reason, fully explained in this opinion.

In November 2004, Officer Michael Schmitz of the Hastings Police Department began investigating a complaint that Farnsworth had been sexually abusing B.P., a 9-year-old girl in his care.1 Officer Schmitz interviewed B.P., and during the interview B.P. described sexual acts that had been perpetrated on her and [367]*367named Farnsworth as the perpetrator. The day of the interview, Schmitz placed a 72-hour hold on Farnsworth’s children, which prevented them from returning to Farnsworth’s home, and attempted to contact Farnsworth.2 Since Schmitz was unable to reach Farnsworth, he left Farns-worth a message asking Farnsworth to contact him, informing Farnsworth that his children would not be returning to his home that weekend, and requesting that Farnsworth call. When Schmitz spoke to Farnsworth on Monday, he requested that Farnsworth come to the police station to speak with him so that Farnsworth could regain custody of his children.

On Monday, November 15, 2004, Farns-worth met with Schmitz in his office at the Hastings Police Department. Schmitz wore civilian clothes, but also wore his badge on his belt and his gun on his side. Farnsworth was told twice that he was not under arrest, and he was not handcuffed or otherwise restrained during the interview. Although the door to his office was closed, Schmitz told Farnsworth that he could leave at any time.

When Farnsworth came to the police station, he thought that Schmitz had contacted him regarding an incident involving one of his other children, in which the police had been contacted. But after discussing Farnsworth’s background, including his status as a previous sex offender, Schmitz explained that he had contacted Farnsworth to discuss allegations that Farnsworth had inappropriately touched B.P.

Before Schmitz began questioning Farnsworth about the allegations, he emphasized the importance of telling the truth, telling Farnsworth that the police and judges do not appreciate it when peo-pie lie. Farnsworth initially, denied that he had inappropriately touched B.P. and suggested that the allegations had arisen because B.P.’s mother wanted custody of B.P. But after Schmitz indicated that B.P. had been forthcoming with the details of the abuse and reminded Farnsworth of the importance of being truthful, Farnsworth admitted to watching pornographic movies and masturbating while touching B.P.’s buttocks. Farnsworth initially denied having any other sexual contact with B.P.

Midway through the interview, after Farnsworth expressed his concern that Schmitz was going to put him in jail, Schmitz told Farnsworth that he was “not trying to put [Farnsworth] away. I’m trying to get you the best help I can so you can have your kids still.” When Farns-worth indicated that he would like help, Schmitz told him, “you’re gonna get it. But you’re not gonna get it by sitting here lying.” Farnsworth then informed Schmitz that he was not trying to lie and after a pause said, “[s]he says I did it, I did it.” Farnsworth again denied performing oral sex on B.P. or making her touch his penis, but after further questioning acknowledged that B.P. had touched his penis, B.P. had performed oral sex on him, he had put his mouth and his penis on B.P.’s vagina while she was wearing underwear, and he had put his finger in B.P.’s vagina while she was wearing underwear.

At this point Schmitz left the room and returned with a glass of water for Farns-worth. When Schmitz returned, he informed Farnsworth that he would like to take a shorter two- to four-minute long “formal” statement that would only discuss what happened between Farnsworth and B.P. Farnsworth informed Schmitz that he [368]*368“got [his] confession.” Farnsworth asked Schmitz if he would lose custody of his children and what would happen next. Schmitz repeated that they needed to take a formal statement. Farnsworth refused to answer Schmitz’s questions, asked Schmitz to turn off the audio recorder, and seemed to suggest that if he gave Schmitz a formal statement, he would lose custody of his kids. Schmitz then repeated his promise of help, which Farnsworth rejected, suggesting that the help that Schmitz was offering was actually jail. Schmitz once again attempted to take a formal statement, but Farnsworth refused, informing Schmitz that he knew he had a right to remain silent and that everything he said could be used against him in court.

When the interview resumed after a break, Farnsworth waived his right to an attorney and Schmitz tried to take a formal statement. But when Schmitz began questioning Farnsworth about B.P., Farns-worth denied any inappropriate contact with B.P. and told Schmitz that everything in his earlier confession was false because he was “being coerced.” Schmitz then ended the interview, and Farnsworth briefly conferred with a social worker. Schmitz arrested Farnsworth after Farns-worth finished speaking with the social worker. At no point in the interview was Farnsworth read his Miranda rights.

Following his arrest, Farnsworth was charged with three counts of criminal sexual conduct.3 After reviewing the videotape and other evidence, Farnsworth’s attorney concluded that the confession on the videotape would likely not be suppressed because there was no Miranda violation. Farnsworth’s attorney advised Farnsworth that if the case went to a jury trial and Farnsworth was convicted, the odds of Farnsworth obtaining a stay of execution and sex offender treatment would be extremely slim. He informed Farnsworth that his best chance of obtaining a stay of execution was to plead guilty and have a sentencing hearing before a judge. Although his attorney discussed case strategy with him, Farnsworth did not see a transcript of his confession or discuss with counsel the possible grounds for suppressing the confession until after he entered his guilty plea.

On April 18, 2005, Farnsworth pleaded guilty to Count I (criminal sexual conduct in the first degree for engaging in sexual penetration of another person under 13 years of age when he was more than 36 months older than the victim and when such offense occurred within 15 years of a previous sex offense conviction) in exchange for the dismissal of Counts II (sexual contact) and III (sexual penetration of a person with significant relationship). At the time of his plea, Farnsworth aeknowl-[369]*369edged that he had a right to a jury trial, to call witnesses, and to challenge the constitutional admissibility of evidence the state may wish to present.

Farnsworth waived his rights to a sentencing jury under Blakely v. Washington, 542 U.S. 296, 124 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
738 N.W.2d 364, 2007 Minn. LEXIS 549, 2007 WL 2671251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farnsworth-minn-2007.