State v. Gaskin

412 So. 2d 1007
CourtSupreme Court of Louisiana
DecidedApril 5, 1982
Docket81-KA-1629
StatusPublished
Cited by83 cases

This text of 412 So. 2d 1007 (State v. Gaskin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gaskin, 412 So. 2d 1007 (La. 1982).

Opinion

412 So.2d 1007 (1982)

STATE of Louisiana
v.
Allen Keith GASKIN.

No. 81-KA-1629.

Supreme Court of Louisiana.

April 5, 1982.

*1009 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Henry N. Brown, Jr., Dist. Atty., for plaintiff-appellee.

D. G. Tyler, and Tommy J. Johnson, Shreveport, for defendant-appellant.

MARCUS, Justice.

Allen Gaskin, James Earl Thomley, Jr. and Stephen Scott were charged by the grand jury in the same indictment with the first degree murder of Virginia Smith in violation of La.R.S. 14:30. The trial judge granted Scott's motion for severance and the prosecution proceeded against Thomley and Gaskin. After trial by jury, defendants were found guilty as charged. After a sentencing hearing before the same jury that determined the issue of guilt, the jury recommended a sentence of life imprisonment without benefit of probation, parole or suspension of sentence for each defendant. The trial judge sentenced defendants in accordance with the recommendations of the jury. This appeal is only by Gaskin who relies on eight assignments of error for reversal of his conviction and sentence.

FACTS

On October 31, 1980, at approximately midnight, the victim, Virginia Smith, and a friend, Alternette Jeter, were walking near the Municipal Auditorium in Shreveport. Gaskin, Thomley and Scott were riding around in Scott's car. Thomley jumped out of the car, grabbed the victim, Virginia Smith, and forced her into the car. Alternette Jeter, the victim's friend, escaped by running away. At knifepoint, Smith was forced to engage in oral sex with Thomley and Gaskin. Scott drove to a wooded area in Bossier Parish and Smith was taken out of the car. Thomley then beat her and cut her throat with his knife. Gaskin then stabbed her numerous times in the back. About a month later, the decomposed body of Virginia Smith was found near the levee. Gaskin, Thomley and Scott were subsequently arrested and charged as aforesaid.

ASSIGNMENTS OF ERROR NOS. 1 AND 6

Defendant contends the trial judge erred in denying his motion to suppress his confession on the ground that it was not freely and voluntarily made after being advised of his Miranda rights (Assignment of Error No. 1). He further contends the trial judge *1010 erred in allowing his confession in evidence without a proper foundation, in permitting testimony of the police officer as to its content rather than the tape recording itself, and in not requiring the entire statement to be introduced in evidence (Assignment of Error No. 6).

At the suppression hearing, Deputy Ron Thiebaud and Detective David Crawford testified that defendant was arrested on January 7, 1981, and brought to the Youth Bureau Division of the Shreveport Police Department. After being advised of his Miranda rights, defendant executed a waiver of rights form. Defendant indicated his involvement in the murder of Virginia Smith and agreed to give a recorded statement. Prior to taking the recorded statement, defendant was again advised of his rights and executed another waiver of rights form. Both officers testified that defendant appeared to fully understand his rights and was not promised anything or threatened in any way. They denied that defendant requested an attorney at any stage in the proceedings. On the other hand, defendant claimed that he did not understand the waiver of rights forms he signed and that when he requested an attorney, he was told by the officers that it would be easier on him in court if he confessed and that he did not need an attorney. At the time of his arrest, defendant was seventeen years old and had completed the tenth grade in high school. At the conclusion of the hearing, the trial judge, finding that defendant's statement was "freely and voluntarily" made after having been advised of his Miranda rights, denied the motion to suppress.

Before a confession can be introduced in evidence, the state has the burden of affirmatively proving that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La. R.S. 15:451. It must also be established that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The admissibility of a confession is in the first instance a question for the trial judge. His conclusions on the credibility and weight of testimony relating to the voluntariness of a confession will not be overturned on appeal unless they are not supported by the evidence. State v. Dewey, 408 So.2d 1255 (La.1982); State v. Hathorn, 395 So.2d 783 (La.1981); State v. Castillo, 389 So.2d 1307 (La.1980), cert. denied, ___ U.S. ___, 101 S.Ct. 3159, 69 L.Ed.2d 1004 (1981). When a ruling on a motion to suppress a confession or statement is adverse to the defendant, the state shall be required, prior to presenting the confession or statement to the jury, to introduce evidence concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement. La.Code Crim.P. art. 703(G).

After a review of the record, we are convinced, as was the trial judge, that the state satisfied its burden of affirmatively proving that the confession was freely and voluntarily made after defendant had been advised of his Miranda rights. Defendant's contentions that he requested an attorney and did not fully understand his rights were in direct conflict with the testimony of Detective Crawford and Deputy Thiebaud. Accordingly, we are unable to say that the trial judge erred in denying defendant's motion to suppress the confession.

Defendant's contention that an inadequate foundation was laid prior to the introduction of the confession in evidence is not borne out by the record. Rather, the record reflects that the circumstances surrounding the making of the confession were fully presented to the jury.

Defendant next contends that the trial judge erred in allowing Deputy Thiebaud to testify as to what he said, aided by a transcribed copy of his confession, rather than requiring the state to play the tape recording in the presence of the jury. He argues that the "best evidence rule" dictates that the tape recording itself be introduced.

*1011 Prior to introduction of the confession in evidence, counsel for Thomley objected to the tape being played to the jury because it would be impossible to do so without including references to his client. The trial judge sustained the objection. Defendant Gaskin noted his objection to the ruling.

Under the circumstances, we do not consider that the trial judge erred in permitting Deputy Thiebaud to testify what defendant said rather than playing the tape recording to the jury. Moreover, we have held that La.R.S. 15:436, requiring production of the best evidence within a party's control, is to be applied sensibly and with reason. State v. Fallon, 290 So.2d 273 (La.1974). Such was clearly the case here. Additionally, we have held that absent a showing of prejudice, a conviction will not be reversed on the ground that the best evidence was not produced. State v. Bennett, 341 So.2d 847 (La.1976). No prejudice was shown here.

Finally, defendant contends that the trial judge erred in not requiring introduction of the entire statement in evidence.

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Bluebook (online)
412 So. 2d 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gaskin-la-1982.