State v. Hoppe

2003 WI 43, 661 N.W.2d 407, 261 Wis. 2d 294, 2003 Wisc. LEXIS 410
CourtWisconsin Supreme Court
DecidedMay 22, 2003
Docket00-1886-CR
StatusPublished
Cited by64 cases

This text of 2003 WI 43 (State v. Hoppe) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hoppe, 2003 WI 43, 661 N.W.2d 407, 261 Wis. 2d 294, 2003 Wisc. LEXIS 410 (Wis. 2003).

Opinions

ANN WALSH BRADLEY, J.

¶ 1. The petitioner, State of Wisconsin, seeks review of an unpublished court of appeals decision affirming the circuit court's order granting Paul Hoppe's motion to suppress statements he made to police officers during their investigation of the death of Jacqueline Simon, Hoppe's girlfriend.1 The State argues that the court of appeals erred in giving undue weight to Hoppe's condition when it concluded that Hoppe's statements were involuntary. We agree with the court of appeals that the circuit court's findings as to Hoppe's condition were not clearly erroneous and that, under the totality of the circumstances, Hoppe's statements were involuntary. Accordingly, we affirm.

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¶ 2. On Saturday, March 6, 1999, shortly after 6:00 p.m., police were dispatched to Paul Hoppe's apartment to investigate a death. The police found Hoppe [299]*299sitting in the living room with Jacqueline Simon's body on the floor next to him. Simon was Hoppe's girlfriend. Hoppe appeared to be in poor physical condition. He was shaking and was unable to walk on his own. Initially, because of Hoppe's long history of alcohol abuse, they thought he was intoxicated.

¶ 3. Hoppe was transported to the hospital but was not placed under arrest. Blood tests at the hospital indicated that he was not intoxicated. Rather, it was determined that Hoppe was suffering the effects of severe alcohol withdrawal. Captain Kevin Manthey, the officer in charge of the investigation, who had known Hoppe for 25 years, asked and received permission from Hoppe for an interview.

¶ 4. Prior to the interview, a physician prescribed Librium to control possible delirium tremors. However, the police asked a nurse who was preparing to administer the medication whether she could hold off the medication so they could interview Hoppe. The nurse was concerned about withholding the Librium, but she wanted to cooperate with the officers and thought it would be appropriate to delay administering the Librium as the police had requested.

¶ 5. Captain Manthey began the first interview with Hoppe at approximately midnight on March 6 and it ended about an hour and fifteen minutes later, at 1:14 a.m. on Sunday, March 7. This interview was tape-recorded. During this interview, Hoppe was confused about the date and gave confusing and conflicting statements about his whereabouts and the events of the previous couple of days. He denied harming Simon, and said that he found her dead at approximately 4:00 p.m. on Saturday. Hoppe also said that he had gone to a local tavern on Saturday afternoon and drank six beers. He [300]*300insisted that he drank the beer even though Captain Manthey told him his blood alcohol level was .00.

¶ 6. During this first interview, Hoppe agreed to submit to a "voice stress test." Hoppe had difficulty following the instructions for this test, repeatedly answering control questions truthfully when told to answer falsely, even though the officer gave him the actual false answers to repeat. After being told three times how to answer the questions, Hoppe finally answered the control questions falsely, as instructed.

¶ 7. The next morning at 9:00 a.m., Dr. Frederick Bronson, Hoppe's treating physician, saw Hoppe and diagnosed him as suffering from chronic alcoholism, alcohol withdrawal, threatened delirium tremors, dehydration, electrolyte imbalance, and chronic brain syndrome secondary to alcohol abuse. According to Dr. Bronson, Hoppe was confused and remained confused for the first three or four days of his hospital stay.

¶ 8. The police returned for a second interview with Hoppe at 2:15 p.m. on Monday, March 8. During the 37-hour interval between the first interview and the second, the police placed no restrictions on Hoppe, his visitors, or his medical care. Before beginning the second interview, the police did not talk with any medical personnel about his condition. The police reminded Hoppe that he had agreed they could come back and talk to him. Hoppe acknowledged that this was correct. When asked if he was taking any medications, Hoppe said "no" even though he was on Librium.

¶ 9. At the time of the second interview, police knew that Simon had died from a blow to the back of her head. They also believed that she may have died on Friday, ,the day before her body was found. In this second interview, which lasted an hour and forty-five minutes, the police asked Hoppe severed questions [301]*301about what he and Simon had done on Friday evening and whether they had had an argument that night. He repeatedly denied that he had hit her or pushed her, and insisted that she was alive on Saturday morning. During this interview, Hoppe disavowed that he had consumed six beers on Saturday, but stated that he had consumed brandy Saturday morning. However, later in the interview he claimed that he had gone to a tavern and consumed six beers.

¶ 10. This interview was also tape-recorded. The tape reflects that Hoppe's voice was slurred and that he spoke slowly with long pauses. The police acknowledged that at several points during the interview, Hoppe closed his eyes and did not answer. Captain Manthey believed that at least a few times when Hoppe closed his eyes, he actually fell asleep. Also, during this interview, it seems that Hoppe may have been experiencing hallucinations, for at one point Captain Manthey interrupted the interview to say, "There's no one else here, Paul."

¶ 11. During this second interview, Dr. Timothy Hayes, a psychologist experienced in treating alcoholics, came to see Hoppe. The police told him to return later. Dr. Hayes did so at 5:00 p.m., approximately one hour after the police concluded the second interview. After reviewing Hoppe's chart and talking to him, Dr. Hayes noted that Hoppe was in a somewhat delirious state, in and out of consciousness, and had difficulty concentrating. He also concluded that Hoppe had short-term memory impairment and that his abstract reasoning, judgment, and problem-solving abilities were impaired. He determined that Hoppe was either hallucinating or was delusional.

¶ 12. Hoppe's former wife visited Hoppe at 8:30 p.m. on March 8. She indicated that he was lethargic [302]*302and falling asleep. She also reported that his movements were delayed and his speech was slow.

¶ 13. Medical personnel noted that Hoppe was confused during the night of March 8 and March 9, though he was oriented to person, time, and place. However, on March 9 medical personnel reported that Hoppe remained confused.

¶ 14. The police returned to the hospital for their third recorded interview with Hoppe at approximately 2:00 p.m. on March 9. This interview lasted two hours. At the start of this interview, the police asked a nurse to put Hoppe in a chair so he would be better able to stay awake. It took two people to get Hoppe to his chair.

¶ 15. By this time, the police had determined that Hoppe was not at the local tavern at all on Saturday. Captain Manthey challenged Hoppe regarding his prior statements in that regard. After Manthey challenged him three times, Hoppe agreed that it was not the truth. Hoppe stated that he told them that because he needed an alibi.

¶ 16. Later during this interview, Hoppe said he could not remember whether some of the details he had previously told the officers about his and Simon's activities were truthful.

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Cite This Page — Counsel Stack

Bluebook (online)
2003 WI 43, 661 N.W.2d 407, 261 Wis. 2d 294, 2003 Wisc. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hoppe-wis-2003.