United States v. Jones

26 M.J. 353, 1988 CMA LEXIS 1655, 1988 WL 76534
United States Court of Military Appeals·Decided August 15, 1988·No. No. 52,090; CM 443520·Published·Cited by 19 cases

Opinions

OPINION OF THE COURT

EVERETT, Chief Judge:

Appellant was tried at Fort Wainwright, Alaska, by a general court-martial composed of officer members on a charge of premeditated murder. He pleaded not guilty; but the court members convicted him of voluntary manslaughter, in violation of Article 119, Uniform Code of Military Justice, 10 U.S.C. § 919; and sentenced him to a bad-conduct discharge as well as confinement and forfeiture of $450.00 pay per month for 7 years. The convening authority approved these results, and the Court of Military Review affirmed the findings and sentence. 19 M.J. 961 (1985). Subsequently, this Court granted two issues raised by appellant and specified a third issue.; All three issues concern admissibility of pretrial statements made by Jones and evidence derived therefrom.1

[355] I

Shortly after midnight on June 2, 1982, appellant returned to his room and changed clothes. Then, as he left the room, he told his roommate, “I’m sorry Reed.” Next, Jones went to the charge of quarters’ desk, where he saw Specialist Four Jeffery S. Honacker and asked to see PFC Elizabeth Hope. Jones went to her door and knocked, awakening her. When she opened the door, appellant said, “I’m sorry, your friend is dead, your friend is dead.”

Then he returned to Honacker and asked to talk. Ultimately, Jones told Honacker that “down by the airfield” he had “stabbed” someone — a man “who drove a red car.” Also, he said that he had covered up the body with pine branches; and he asked Honacker to drive him to the body. As they started off-post, Honacker decided that they should first go see Sergeant Smalls, their supervisor. In turn, Smalls advised Honacker to go to the military police; and when Jones was told this, he agreed at once to do so.

Upon arrival at the military-police station, Honacker approached the desk sergeant, Specialist Four Terry Sjostrom, while appellant waited. Honacker told Sjostrom that someone had been “hurt out in the field.” Thinking the injury was the result of some type of accident, Sjostrom asked for details, which Honacker indicated that Jones could supply. Appellant said, “He’s hurt real bad. I think he’s dying.” Sjostrom asked “how”; and Jones replied, “I hurt him real bad.” Thinking of horseplay, Sjostrom repeated his question, whereupon appellant said, “I stabbed him.” Specialist Four Sjostrom immediately telephoned his supervisor and then the dispensary. Those with whom he talked at the dispensary asked about the nature of the wounds and the location of the victim; and Sjostrom relayed these questions to Jones. Jones answered that he had stabbed him “all over”; that the victim was “in the woods by the airfield”; and that he would have to take them there. Sjostrom, who thought that Jones was concerned about “getting medical attention” to the victim, did not advise him of his rights under Article 31(b) of the UCMJ, 10 U.S.C. § 831.

Captain Myers and Sergeant Perry, who were supervisors, arrived at the military-police station and were advised later by Sjostrom that appellant had stabbed someone and was willing to take them to the victim. Perry asked Honacker where the victim was; and Captain Myers then advised Perry to read appellant his rights and see if he was still willing to help them find the victim. When Sergeant Perry read him an Article 31 warning, appellant indicated that “he understood his rights” but did not want “to talk to a lawyer.” When Sergeant Perry then asked “if he was willing to be questioned or say anything about the offense under investigation,” Jones declined; but at the same time, “he stood up and” faced the door as if he wanted “to do something.” Observing this, Sergeant Perry asked Jones if he was “willing to show” them “where the victim” was; and appellant said, “Yes, let’s go.”

Riding in a car with Captain Myers, Sergeant Perry, and a Sergeant Carroll, appellant “was agitated” but “very cooperative.” He directed them to the place where the victim lay; and, upon arrival, he shouted, “Stop. Stop, it’s over here,” while pointing at a small hill. Myers and Perry followed a trail over the hill about 20 meters and found a pile of freshly cut pine branches, under which lay the body of PFC Terry Blount. They also discovered a large pool of blood in the road and along the trail to the body. Meanwhile, without questioning, Jones told Sergeant Carroll where the victim’s car was located.

About 2 hours later, back at the military-police station, Jones was interviewed by Alaska State Trooper Corporal Robert Barnes and by Staff Sergeant Walsh of the military police. Neither knew that previously Jones had been advised of his Article 31 rights and had indicated that he did not wish to discuss the offense of which he was suspected. Appellant received warnings of his rights under Article 31 and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); but he immediately [356] waived those rights and answered questions freely. Appellant’s statement was taken by State Trooper Barnes, who had Jones review and sign his notes. Jones informed them where he had disposed of the knife with which he had killed PFC Blount and also where he had disposed of his own clothes. These items were later retrieved and admitted in evidence at trial.

Appellant moved to suppress all statements made to Sjostrom and all the physical evidence that had been seized — namely, clothes, knife, car, and body. The defense contention was that, as soon as Specialist Four Sjostrom heard that someone was hurt, he should have given Jones an Article 31 warning. Moreover, according to the defense, his failure to do this tainted all later statements.

The military judge suppressed all statements made to Sjostrom after Jones said, “I stabbed him.” However, he admitted the physical evidence and ruled that appellant’s act of taking the military police to the body had been freed of any taint by the giving of the Article 31 warning to Jones. The judge also held that appellant’s confession to the state trooper was admissible. Thus, the judge allowed admission of all evidence that had been obtained after Sergeant Perry gave Jones an Article 31 warning.

II

The Court of Military Review took the position that Specialist Four Sjostrom had no duty to inform appellant of his rights under Article 31 because his interrogation of Jones fell within an exception to the warning requirements imposed by Article 31 of the Uniform Code of Military Justice and by Miranda v. Arizona, supra2 If this premise is correct, appellant has no basis to argue that the unwarned statements by Jones to Sjostrom tainted all the evidence obtained later.

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United States v. Jones, 26 M.J. 353, 1988 CMA LEXIS 1655, 1988 WL 76534 (cma 1988).

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