State v. Sterling

444 So. 2d 273
Louisiana Court of Appeal·Decided December 22, 1983·No. 83 KA 0639·Published·Cited by 23 cases

Opinion

444 So.2d 273 (1983)

STATE of Louisiana
v.
Melvin STERLING.

No. 83 KA 0639.

Court of Appeal of Louisiana, First Circuit.

December 22, 1983.

*275 Ossie Brown, Dist. Atty., Joseph N. Lotwick, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Paula Cobb, Baton Rouge, for defendant-appellant.

Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

The defendant, Melvin Sterling, was charged with armed robbery in violation of La.R.S. 14:64. Sterling filed a motion to suppress an inculpatory statement he gave to police officers alleging that the statement was the product of an illegal arrest. The trial judge denied this motion. Sterling pled not guilty and, after a trial by jury, was found guilty as charged. He was sentenced to be imprisoned at hard labor in the custody of the Louisiana Department of Corrections for a term of twenty-five years, without benefit of parole, probation or suspension of sentence, but with credit for time served. This appeal followed.

FACTS[1]

On February 16, 1982, Cindy Padgett and Patricia Canavan were robbed and murdered at the Supermat Washateria on 5537 Maplewood Drive, Baton Rouge, Louisiana. Patrick Doughty, a detective with the Baton Rouge City Police, and Eddie Stewart, an investigator for the East Baton Rouge Parish District Attorney's Office, participated in the investigation of these crimes from the time of their discovery.

On August 16, 1982, Stewart received a telephone call from a confidential informant who advised that three persons were involved in the armed robbery and murders which occurred on February 16, 1982. The informant gave the name of one of the participants and the nicknames of the other two. The informant placed a second call to Stewart and advised that the names of the participants were Melvin Sterling, Darren Kent and Keith Paul Whittaker (also referred to in the record as Keffal and "Ke" Whittaker). The informant further advised that Sterling's cousin and grandfather were aware of his involvement. After receiving these calls, Stewart conveyed this information to Doughty and Frank L. Paxio, a detective with the Baton Rouge City Police. The officers then reviewed their files on the incident and attempted to find addresses for Sterling, Kent and Whittaker.

On August 17, 1982, the officers determined that Sterling was living at his grandfather's house. Prior to noon on that date, Doughty went to the grandfather's home to find Sterling. Apparently, Sterling was not there.

Between 3:00 and 4:00 p.m. on August 17, 1982, Doughty and Stewart again went to the grandfather's home. Upon arriving, they encountered Deborah Sterling, Melvin Sterling's cousin. The officers asked Deborah Sterling if she would go "downtown" to talk about the case. Deborah Sterling declined to do so but agreed to talk to the officers in their police car. Doughty told Deborah Sterling what an accessory was and what could happen to her if she was one. Deborah Sterling was advised of her rights, signed as an advice of rights form, and the police officers then took a tape recorded statement from her. Apparently in this statement, Deborah Sterling indicated that Melvin Sterling was "outside" while the offenses were being committed.

At approximately 5:45 p.m. on August 17, 1982, Paxio and Hiller Moore, an investigator *276 with the East Baton Rouge Parish District Attorney's Office, went to Melvin Sterling's grandfather's home to talk to the grandfather and look for Sterling. Sterling arrived while the officers were talking to the grandfather. The officers advised Sterling of his Miranda rights and asked him if he would go "downtown" with them. Sterling agreed to go with the officers. Sterling was taken to Doughty's office. Doughty, in the presence of Paxio and Stewart, advised Sterling that he was not under arrest, that the officers were investigating the armed robbery and two first degree murders and that the officers wanted to talk to Sterling if he were willing. At 6:07 p.m., Doughty commenced reading the Miranda rights to Sterling from a form. Sterling signed the form at 6:12 p.m. Sterling advised the officers that all he knew about the crimes was what he saw on television. The officers discontinued the interrogation and told Sterling that he was to remain in the detective office until the officers came back. Sterling remained in this office until a second statement was taken from him at approximately 1:50 a.m. on August 18, 1982.

Apparently between the times of Sterling's first statement and second statement, the officers talked to Darren Kent (who was in jail). The record does not reflect what information, if any, Kent provided to the officers. Warrants for the arrest of Kent and Whittaker were secured. Kent was arrested in jail. Whittaker was arrested at his residence. No arrest warrant was secured for Sterling. Although the record reflects that Kent and Whittaker were arrested on the night of August 17-18, 1982, the evidence does not show what time these arrests were made.

On August 18, 1982, at approximately 1:50 a.m., Stewart and Randall Moran, an officer with the Baton Rouge City Police, commenced taking a second statement from Sterling. Stewart advised Sterling of his Miranda rights with the same form that had been earlier used by Doughty. Sterling voluntarily gave an inculpatory oral statement to the police officers which was tape recorded. Apparently after this statement, Sterling was formally arrested and booked.

EFFECT OF ILLEGAL ARREST ON SUBSEQUENT INCULPATORY STATEMENT[2]

Sterling's principal contention is that the police officers did not have probable cause to arrest him after he gave the first statement, that his second statement was a product of this unlawful arrest and that the trial judge's ruling which allowed the second statement to be introduced into evidence and presented to the jury was prejudicial error. A confession obtained through custodial interrogation after an illegal arrest must be excluded from evidence unless intervening events break the causal connection between the illegal arrest and the confession so that the confession is sufficiently an act of free will to purge the primary taint. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975); State v. Burton, 416 So.2d 73 (La.1982). The state has the burden of showing either that probable cause existed to arrest the defendant or, if the arrest was unlawful, showing that the causal connection between it and the subsequently obtained inculpatory statement was so attenuated that the confession could not properly be considered as a fruit of the illegal arrest. State v. Jackson, 424 So.2d 997 (La.1982).

FACT OF ARREST

Because Sterling contends that his inculpatory second statement was the product of an illegal arrest, we must first determine whether or not he was under arrest at the time the statement was given. The evidence reflects that Sterling voluntarily accompanied Detective Paxio and Officer Moore from his grandfather's house to the police station. Detective Doughty specifically advised Sterling that he was not under *277 arrest prior to taking the first statement. At this point in time, there was no arrest. State v. Thibodeaux, 414 So.2d 366 (La.1982); State v. Copeland, 419 So.2d 899 (La.1982).

At the motion to suppress, Doughty testified that after Sterling gave the first statement he was not allowed to go home but was "asked" to stay at the office. Pa

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