United States v. Ellis

57 M.J. 375, 2002 CAAF LEXIS 1247
CourtCourt of Appeals for the Armed Forces
DecidedSeptember 30, 2002
Docket01-0590/NA
StatusPublished
Cited by33 cases

This text of 57 M.J. 375 (United States v. Ellis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ellis, 57 M.J. 375, 2002 CAAF LEXIS 1247 (Ark. 2002).

Opinions

Chief Judge CRAWFORD

delivered the judgment of the Court.

Appellant was charged with assaulting his two-and-a-half-year-old son, Timothy Ellis, Jr. (Timmy), on June 2, 1994, and on June 3, 1994. He was also charged with murdering Timmy on June 4, 1994. Contrary to his pleas, appellant was convicted by officer and enlisted members of involuntary manslaughter and assault upon a child, in violation of Articles 119 and 128, Uniform Code of Military Justice (UCMJ), 10 USC §§ 919 and 928. The convening authority approved the sentence of a bad-conduct discharge, six years’ confinement, total forfeitures, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed the findings and sentence in an opinion that chronicles the facts and evidence. 54 MJ 958 (2001). We granted review of the following issues:

I. WHETHER THE MILITARY JUDGE ERRED IN FAILING TO SUPPRESS APPELLANT’S INVOLUNTARY CONFESSION.
II. WHETHER THE MILITARY JUDGE ERRED IN FAILING TO DISMISS THE CHARGES OR TO ORDER OTHER APPROPRIATE RELIEF BASED ON THE GOVERNMENT’S DESTRUCTION OF KEY EVIDENCE.

We hold that the military judge did not err in failing to suppress the confession, and that any error in failing to take appropriate action because of the destruction of evidence was harmless beyond a reasonable doubt.1

BACKGROUND

Two-and-a-half-year-old Timmy was one of seven children in the home of appellant and his wife. At the time of his death, Timmy weighed 38 pounds and was 35 inches in length. In April, 1994, one month after appellant gained custody over Timmy and his four-year-old sister Teresa from appellant’s ex-wife (and mother of the children), he called Ms. Carmen L. Colon, a case manager for the Family Advocacy Program at the Naval Air Station, Jacksonville, Florida. Appellant told Ms. Colon that he was having problems coping with Timmy’s and Teresa’s impact on the family and indicated he wanted to return them to the custody of the state rather than to his ex-wife. As appellant was [377]*377undergoing family counseling, no decision was made on his request to return Timmy to the state for care.

On June 4, 1994, appellant’s wife brought Timmy, who was unconscious, to the Naval Hospital in Jacksonville. He was then transferred to the University of Florida Medical Center (Medical Center), where he died four days later.

On June 8, Mr. Louis N. Eliopulos, the Chief Investigator and Operations Manager for District Four, Medical Examiner’s Office, Jacksonville, was informed of Timmy’s death by someone associated with organ retrieval at the Medical Center. Mr. Eliopulos called Detective Anthony Hickson of the Jacksonville Sheriffs Office, Homicide Division, that same day to inform him of Timmy’s death. Prior to Mr. Eliopulos’s telephone call, Detective Hickson knew nothing about Timmy’s death. At the time of this initial telephone call, there was no suspicion of homicide—Mr. Eliopulos called Detective Hickson because it was a case for donor organs. After Mr. Eliopulos’s telephone call was received, Detective Hickson read a report from Mr. Ishmael Woods, a Human Resources Services (HRS) caseworker. Mr. Woods was the official child abuse investigator for HRS on this case. Detective Hickson remembered Mr. Woods’s report reflecting the opinion of a doctor that this was not a child abuse case.

On June 9, Dr. Margarita Arruza, an Associate Medical Examiner for Jacksonville, conducted an autopsy on Timmy. Dr. Arruza determined that the cause of death was blunt trauma to the head. Detective Hickson talked to either Mr. Eliopulos or Dr. Arruza on June 9 after the autopsy. After that conversation, Detective Hickson suspected that Timmy’s death was due to “child abuse homicide.”

On June 10, when appellant and his wife voluntarily arrived at the Jacksonville Sheriffs Office, Detective Hickson certainly suspected a case of child abuse homicide, but he had conflicting reports concerning the possible causes of Timmy’s death. Appellant and his wife were met by Mr. Eliopulos and Detective Hickson. Mr. Eliopulos was present pursuant to normal operating procedures when one of the caregivers discovers an injured child. He had no substantial role in the interrogation and was present to gather medical, social, and family history information from appellant and his wife.

After gathering information and listening to the initial questioning of appellant and Mrs. Ellis, Mr. Eliopulos called his office to determine whether the victim’s injuries could have been caused by the victim accidentally striking his head on a desk as Mrs. Ellis intimated. After determining that such a striking lacked sufficient force to cause the injuries observed at the autopsy, Mr. Eliopulos informed Sergeant Frank Japour and Detective Hickson that he believed a formal interrogation of both family members was appropriate and left the office.

Based upon the initial interviews, Detective Hickson concluded that the victim had been in the sole care of appellant and his wife before he was brought to the hospital. He also concluded that neither appellant nor his wife had provided a satisfactory explanation for the son’s injury. However, neither was arrested. At that point, Detective Hickson decided to proceed with separate accusatory interviews. Appellant and his wife, who separately were provided with Miranda warnings, each waived the privilege against self-incrimination, as well as the right to consult with counsel. 54 MJ at 960.

As described by the Court of Criminal Appeals, Detective Hickson, in the separate interrogations of appellant and his wife, first “informed each of them that he believed there was probable cause to arrest both of them for child abuse.” Id. Next, he “indicated that, if both of them were arrested, their other six children would probably be removed from their home by officials from the Department of Human and Rehabilitative Services [HRS] and temporarily placed in foster care.” Id.

Both appellant and his wife denied any pertinent knowledge. Appellant’s wife, who was interviewed first, also asked to speak to appellant. That request, which was denied initially, was granted after his interrogation in the hopes that it would lead to further information. After meeting with his wife for [378]*378about 15 minutes, appellant indicated that he wanted to talk.

After appellant had waived his rights in writing, Detective Michael Robinson and Sergeant Japour made an audio tape of appellant’s statement under oath. He confirmed being advised of his rights and his willingness to speak with them without a lawyer. Appellant indicated Timmy was the hardest child to deal with, and Teresa, the four-year-old who looked like a two-year-old, was just a little bit better. Both Teresa and Timmy were his children by his first wife. After she stopped taking birth control pills, she became pregnant so appellant would not ask for a divorce. He admitted Timmy “wasn’t brought into this world under the best of conditions, [but] I still loved him.” When Timmy and Teresa moved in during March 1994, they turned the household upside down. Appellant admitted that he would have liked to place them in a foster home because he could not take care of them.

On Friday, June 2, appellant was watching the children while his wife was with Teresa at a family counseling session.

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Cite This Page — Counsel Stack

Bluebook (online)
57 M.J. 375, 2002 CAAF LEXIS 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ellis-armfor-2002.