United States v. Doucet

43 M.J. 656, 1995 CCA LEXIS 256, 1995 WL 584424
CourtNavy-Marine Corps Court of Criminal Appeals
DecidedJuly 12, 1995
DocketNMCM 94 00998
StatusPublished
Cited by10 cases

This text of 43 M.J. 656 (United States v. Doucet) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Doucet, 43 M.J. 656, 1995 CCA LEXIS 256, 1995 WL 584424 (N.M. 1995).

Opinion

DeCICCO, Senior Judge:

The Court on its own motion has reconsidered the previous opinion in this case dated 30 June 1995. That opinion is withdrawn and the following constitutes the opinion of the Court.

The principal issue in this appeal is whether the trial judge erred in denying the appellant’s motion to suppress his pretrial confession. We hold that he did and accordingly set aside the finding of guilty regarding theft of a pistol. We affirm the remaining findings of guilty and reassess the sentence.

The appellant was convicted by a general court-martial, military judge alone, of failure to go to his appointed place of duty, theft of a government pistol, wrongful appropriation of a pair of combat boots, and wrongful use of amphetamines/methamphetamines, in violation of Articles 86, 121, and 112a, Uniform Code of Military Justice [UCMJ], 10 U.S.C. §§ 886, 921, 912a. The appellant pled guilty to all these charges except the one relating to theft of a pistol. The military judge sentenced him to confinement for one year, forfeiture of all pay and allowances, reduction to pay grade E-l, and a bad-conduct discharge. The convening authority approved the sentence, with the exception that total forfeitures were approved until such time as confinement was lawfully terminated, after which forfeitures would be $543.00 per month. The appellant raises two issues in this appeal, both of which relate only to the charge of stealing the pistol.1

[656]*656FACTS

On 18 March 1993, an inventory revealed that a pistol was missing from the armory of 1st Medical Battalion, 1st Force Service Support Group, Camp Pendleton, California. After conducting a JAG Manual Investigation, the investigating officer noted numerous security and accountability violations. Defense Ex. C. She determined that the pistol had not been accounted for since November 1992, and that “[t]he only evidence indicating possible theft of [the pistol] is that it is missing.” Defense Ex. D.

The appellant, who had worked in the armory until 9 February 1993, was interviewed by the Naval Criminal Investigative Service [NCIS] a total of four times. Record at 46. On the fourth occasion, 18 May 1993, the appellant was directed to report to the unit classroom at approximately 0900. NCIS special agents were waiting there to interview him. Record at 79. An agent advised him of his rights; the appellant acknowledged in writing that he understood these rights. Prosecution Ex. 9.

The agent asked the appellant if he had any knowledge as to the whereabouts of the missing pistol. According to the appellant, he informed the agent that he had heard that a friend of his had a weapon similar to the one that had been stolen. After picking up a second agent, the three of them proceeded to the house of the friend. Record at 80-81.

After showing the agents the location of the house, the appellant and the agents returned to NCIS headquarters, where the first agent continued to interrogate the appellant. The agent testified at a pretrial hearing that at approximately 1415, the appellant admitted to taking the weapon and at approximately 1455 agreed to give a sworn statement. The agent then typed a statement with the appellant in the room. Record at 40-41.

The agent testified that he completed the statement at approximately 1610 or 1620, at which time he gave it to the appellant to “read and initial and make any corrections which he wished to make.” Record at 41. The appellant made and initialled several corrections, but according to the appellant, these were pointed out by the agent. Record at 83, 87.

The agent then asked the appellant to sign the statement. The appellant refused, asking instead to take the statement home before signing because it did not “sound right” to him and was not in his own wording. Record at 41, 83.

After indicating that this would be acceptable, the agent left to make a copy of the statement. He told other agents he was having trouble with the appellant. Instead of returning with a copy for the appellant to take home, he returned with a second NCIS agent. The second agent went into the room because the appellant refused to sign the statement and to act as a witness. The two agents discussed the statement with the appellant and repeatedly asked him why he would not sign it. They denied using'threats or applying pressure. The appellant continued to assert that it did not sound right to him and was not in his own wording, but after 15 to 20 minutes, he finally acquiesced and signed it. Record at 41-42, 50, 54-55, 84. The appellant claimed that he signed it “just to get out of there.” Record at 84.

The testimony of both the appellant and the agent confirms that the appellant was offered beverages and opportunities to use the bathroom. However, the appellant missed lunch at the chow hall, and it is disputed whether the agents offered him anything to eat. Record at 40, 50, 82.

Prior to the trial, the appellant moved to suppress the statement, asserting that it had been made involuntarily. Appellate Ex. II. The trial judge conducted a hearing, during which the defense put on uncontroverted expert testimony that the appellant suffered from a “Receptive Language Developmental Disorder.” Record at 68. According to the expert, people with this disorder have difficulty “[ejncoding information ... coming in to them. It’s an information processing problem.” Record at 63. The expert further testified that under normal circumstances, the appellant “probably does okay,” but that when under stress, the problem may become “moderate or even severe,” resulting in difficulty in understanding and making decisions. Record at 68-69. According to the expert, [657]*657the only coping mechanism for such a disability is “to review and ... not be hurried— There would be a whole history of thinking that they understood and upon review, finding that they had not truly understood, so a coping mechanism would be to take time to truly understand, reflect, think about it, maybe get ... input from others — ” Record at 69. The officer who conducted the JAG Manual investigation testified that it seemed to her that the appellant “could be fairly easily led.” Record at 199.

The judge denied the motion to suppress and stated that he would enter his essential findings after he had received the record of trial. Record at 97. He nevertheless failed to do so; no essential findings are attached to the record.

ESSENTIAL FINDINGS

First, we will consider the judge’s failure to enter the required essential findings. When factual issues are involved in ruling on a motion, a trial judge has a mandatory sua sponte duty to state the “essential findings” on the record which support his or her ruling. Rules for Courts-Martial [R.C.M.], Rule 905(d); United States v. Postle, 20 M.J. 632 (N.M.C.M.R.1985). Mil.R.Evid. 304(d)(4) specifically requires a judge to enter such essential findings when ruling on a motion to suppress evidence of confessions or admissions. There is no doubt that in this case, the trial judge erred in failing to do so.

We again stress the importance of entering essential findings on the record and urge trial judges to do so contemporaneously with the ruling. This practice not only minimizes the possibility of error such as occurred here, but enhances the discipline and integrity of the decision-making process.

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Cite This Page — Counsel Stack

Bluebook (online)
43 M.J. 656, 1995 CCA LEXIS 256, 1995 WL 584424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-doucet-nmcca-1995.