State v. Jones

386 So. 2d 1363
Supreme Court of Louisiana·Decided June 23, 1980·No. 66689·Published·Cited by 24 cases

Opinion

386 So.2d 1363 (1980)

STATE of Louisiana
v.
Ray JONES, Jr., a/k/a Ray Masters.

No. 66689.

Supreme Court of Louisiana.

June 23, 1980.
Rehearing Denied September 12, 1980.

*1364 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Paul Carmouche, Dist. Atty., Dale G. Cox, Asst. Dist. Atty., for plaintiff-appellee.

Office of Public Defender, William L. Lowe, Shreveport, for defendant-appellant.

MARCUS, Justice.

Ray Jones, Jr. was indicted by the grand jury for the first degree murder of his two and one-half month old son in violation of La. R.S. 14:30. After trial by jury, he was found guilty as charged. After a sentencing hearing conducted before the same jury that determined the issue of guilt, the jury unanimously recommended that defendant be sentenced to life imprisonment without benefit of probation, parole or suspension of sentence. The trial judge sentenced defendant in accordance with the recommendation of the jury. On appeal, defendant relies on two assignments of error for reversal of his conviction and sentence.

ASSIGNMENT OF ERROR NO. 1

Defendant contends the trial judge erred in allowing in evidence certain inculpatory statements made by him to persons in the hospital on two occasions and to police officers at the police station. He argues that the statements were not freely and voluntarily made after having been advised of his Miranda rights.

During the early morning hours of January 18, 1979, defendant went to the house of Shirley Ruffin, mother of the two and one-half month old victim. Defendant was the victim's father. The child had been crying most of the night and Ms. Ruffin had stayed up caring for the child. Defendant told Ms. Ruffin to go to bed and he walked the child to sleep. He then woke Ms. Ruffin's daughter so that she could prepare for school. Shortly after the daughter left for school, Ms. Ruffin was awakened by defendant. He was nude, had shaven off all his hair and began calling her "Satan." He began choking her until she fell to the floor unconscious. When she regained consciousness, the baby could not be found. The police were called. They located the bruised body of the child in Ms. Ruffin's back yard about twenty to thirty feet from the back door.

In the meantime, the police, in response to a phone call about a man exposing himself, found defendant nude in a vacant house approximately two blocks from Ms. Ruffin's house. He was arrested after a struggle, handcuffed and transported to the LSU Medical Center for observation. Tests performed in the hospital confirmed the presence of phencyclidine (PCP or angel dust) in defendant's system.

At trial, outside the presence of the jury, a predicate was laid by the state for introduction of the inculpatory statements in evidence. Dr. Diana Bienvenue, the psychiatrist who treated defendant at the hospital, testified that when she first examined defendant on January 18, 1979, his condition was one of drug-induced acute psychotic reaction, or a lost contact with reality. She then administered a moderate amount *1365 of the drug Haldol, used to re-establish a patient's contact with reality. She explained that Haldol does not lower one's inhibitions so that one would say something involuntarily that one would not otherwise have said. Defendant was given several dosages of this drug during his first day at the hospital. Dr. Bienvenue testified that when she checked defendant the following morning (January 19, 1979), he was calm, rational, lucid and capable of communicating. During the visit, Dr. Bienvenue asked defendant several questions which are commonly used to determine a patient's contact with reality. After she asked him who he was, where he was, what day it was, and whether he knew why he was in the hospital, defendant told the doctor about the attack on Ms. Ruffin and that he "proceeded to go where the baby was and pick up the baby and start hitting the baby and then threw the baby out of the back door of the house." On the same morning, some time after the statement was made, two police officers came to the hospital and told defendant that he was being charged with simple battery. He was advised of his Miranda rights. Defendant was also told that he was a suspect in the homicide of his son, though no details of the death were described. He was again advised of his rights. At this point, defendant stated that he had nothing to say until he talked to an attorney.

Defendant's second inculpatory statement was made in the hospital on January 24, 1979, just before his release to the police. One of the aides informed a nurse, Gwendolyn Caraway, that defendant was showing signs of distress. Defendant was in a seclusion room which the nursing staff did not enter unless accompanied by a security guard. Nurse Caraway called a university security guard to accompany her. As two aides, the nurse and the guard entered the room, defendant was crying. They testified that he stated in a coherent tone that "he had snuffed out the life of the only thing he ever loved, and that was his son."

The final statement was made by defendant at the police station following his release from the hospital. After Detectives Gary Lindsey and Donald Ashley read defendant his Miranda rights, defendant stated that he understood his rights and would talk to them, but he wanted his lawyer present when he did so. The officers explained that an attorney was not available at the moment but that one would be appointed for him as soon as he was transferred to the parish jail. Detective Lindsey then told defendant that "God takes care of little babies" and that "the baby was already in heaven." Defendant then asked Lindsey if he was a religious man. After the detective stated that he was "not as religious as I should be," defendant told the officers how he choked Ms. Ruffin and hit the baby and threw him into the back yard.

At the conclusion of the predicate, the trial judge found that defendant's statements made at the hospital were free and voluntary and were not made as a result of "custodial interrogation" requiring the Miranda warnings. He also found that the statement made at the police station was freely and voluntarily made. He concluded that the "police officers did not set out to trap this man, to make a statement," but rather that defendant changed his mind after invoking his Miranda rights and decided to confess to what he had done. Accordingly, the trial judge ruled all the inculpatory statements made by defendant admissible in evidence.

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). In Miranda, the United States Supreme Court observed: "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been ... deprived of his freedom of action in any significant way." *1366 Spontaneous and voluntary statements, not given as a result of police interrogation or compelling influence, are admissible in evidence without Miranda warnings even where a defendant is in custody. State v. Robinson, 384 So.2d 332, No. 65,722 (La., May 19, 1980); State v. George,

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State v. Jones, 386 So. 2d 1363 (La. 1980).

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