State v. Prows

2011 UT App 9, 246 P.3d 1200, 673 Utah Adv. Rep. 26, 2011 Utah App. LEXIS 8, 2011 WL 113932
CourtCourt of Appeals of Utah
DecidedJanuary 13, 2011
Docket20080453-CA
StatusPublished
Cited by2 cases

This text of 2011 UT App 9 (State v. Prows) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Prows, 2011 UT App 9, 246 P.3d 1200, 673 Utah Adv. Rep. 26, 2011 Utah App. LEXIS 8, 2011 WL 113932 (Utah Ct. App. 2011).

Opinion

246 P.3d 1200 (2011)
2011 UT App 9

STATE of Utah, Plaintiff and Appellee,
v.
Norman PROWS, Defendant and Appellant.

No. 20080453-CA.

Court of Appeals of Utah.

January 13, 2011.

*1201 Margaret P. Lindsay and Douglas J. Thompson, Spanish Fork, for Appellant.

Mark L. Shurtleff and Ryan D. Tenney, Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and ORME.

OPINION

DAVIS, Presiding Judge:

¶ 1 Defendant Norman Prows appeals his conviction for aggravated sexual abuse of a child. He first argues that the trial court erred by refusing to suppress evidence of the confession he made to the police. He then argues, alternatively, that he should have been allowed to present expert witness testimony regarding how his mental state may have affected his confession. We affirm.

BACKGROUND

¶ 2 After some concern and questioning by her mother, the victim, Prows's eleven-year-old stepdaughter, acknowledged that Prows had touched her inappropriately on several occasions. Prows was subsequently interviewed by two police officers. During the interview, Prows was accompanied by an attorney that he had recently retained. The interview lasted less than an hour, including thirteen minutes midway through the interview where Prows and his attorney conferred in private. According to Prows, he was sleep-deprived during the interview and had not taken the medication that he had been prescribed to treat his depression and adult attention deficit disorder (ADD). However, Prows had filled out a personal information form at the police station that indicated that he was feeling "good" and had slept the prior *1202 night. He also indicated that he was on medications for his depression and ADD, having taken those medications that morning.

¶ 3 In their questioning, the police officers used the false-friend technique.[1] And as the interview progressed, Prows became increasingly upset and emotional. Eventually, Prows admitted to inappropriately touching the victim on three occasions. However, Prows denied the police officers' accusations that inappropriate conduct had happened on more than these three occasions and that he had molested other children.

¶ 4 Prows later attempted to have his confession suppressed. The trial court denied Prows's motion, determining that Prows "did not suffer from a mental illness sufficient to render him incapable of asserting his rights or resisting questioning." The trial court also determined that Prows's confession was "not a result of police misconduct." In concluding that the interrogation was not unconstitutionally coercive, the trial court considered important the following facts: the police officers did not make threats or promises to Prows, the police officers did not misrepresent the evidence against Prows, Prows did not "parrot" back details presented by the police officers, and Prows remained in disagreement with the police officers regarding some of their accusations.

¶ 5 At trial, the victim testified as to the sexual abuse she had endured at the hands of Prows. This testimony was supported by both the testimony of the victim's mother that she had once witnessed Prows asleep with the victim on the couch with his hand on her crotch and the testimony of the victim's sister that she had once been present during some inappropriate touching. The State also presented evidence of Prows's confession to the police officers and the victim's mother's testimony that the night prior to the police interview, Prows had called her and tearfully apologized. Prows testified in his defense, explaining his emotional and fearful state at the time of the police interview. Prows also sought to introduce testimony of a psychiatrist to the effect that Prows suffered from personality disorders that would make him more susceptible to the false-friend technique and more likely to confess to something he did not do. This latter testimony was excluded by the trial court under rule 608 of the Utah Rules of Evidence as giving impermissible character evidence.

¶ 6 The jury ultimately returned a guilty verdict on one count of aggravated sexual abuse of a child, and Prows was thereafter sentenced to five years to life in prison. Prows now appeals the denial of his motion to suppress and, in the alternative, the exclusion of the psychiatrist's testimony under rule 608.

ISSUES AND STANDARDS OF REVIEW

¶ 7 Prows first claims that his confession was coerced and that the trial court therefore should have suppressed it.

In reviewing a trial court's determination on the voluntariness of a confession, we apply a bifurcated standard of review. The ultimate determination of voluntariness is a legal question; accordingly, we review the district court's ruling for correctness. We set aside a district court's factual findings only if they are clearly erroneous.

State v. Rettenberger, 1999 UT 80, ¶ 10, 984 P.2d 1009 (citations and internal quotation marks omitted).

¶ 8 Prows alternatively argues that he should have been allowed to present expert testimony regarding his mental state and how it may have impacted his confession. Cases involving the admissibility of expert *1203 testimony are reviewed under an abuse of discretion standard. See State v. Adams, 2000 UT 42, ¶ 9, 5 P.3d 642.

ANALYSIS

I. The Admissibility of Prows's Confession

¶ 9 Prows argues that the trial court's refusal to suppress his confession violated his constitutional right against compulsory self-incrimination, see U.S. Const. amends. V, XIV. "`In the face of a challenge to the voluntariness of a statement or confession, it is incumbent upon the prosecution to demonstrate by a preponderance of the evidence that the statement was made voluntarily based upon the totality of the circumstances.'" Rettenberger, 1999 UT 80, ¶ 45, 984 P.2d 1009 (quoting State v. Allen, 839 P.2d 291, 300 (Utah 1992)). "`[T]he totality of circumstances [includes] both the characteristics of the accused and the details of the interrogation.'" Id. ¶ 14 (alterations in original) (quoting State v. Strain, 779 P.2d 221, 225 (Utah 1989)). When considering the details of the interrogation, we look to external factors that include "the duration of the interrogation, the persistence of the officers, police trickery, absence of family and counsel, and threats and promises made to the defendant by the officers." Id. When considering the characteristics of the accused, we address subjective factors such as "the defendant's mental health, mental deficiency, emotional instability, education, age, and familiarity with the judicial system." Id. ¶ 15. In sum, we look at all the above factors "to determine whether the interrogators exploited [Prows]'s disabilities and deficiencies in such a way that his will was overborne." Id. ¶ 19 (internal quotation marks omitted); see also id. ¶ 11 ("[A]nalysis of whether admission of a confession into evidence violates the Fifth or Fourteenth Amendment does not turn solely on the `voluntariness' of the confession. [C]oercive police activity is a necessary predicate to the finding that a confession is not `voluntary.'" (second alteration in original) (additional internal quotation marks omitted)). See generally U.S. Const. amend. V. (providing that no person "shall be compelled in any criminal case to be a witness against himself" (emphasis added)).

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Bluebook (online)
2011 UT App 9, 246 P.3d 1200, 673 Utah Adv. Rep. 26, 2011 Utah App. LEXIS 8, 2011 WL 113932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prows-utahctapp-2011.