United States v. Robinson

26 M.J. 361, 1988 CMA LEXIS 1656, 1988 WL 76538
CourtUnited States Court of Military Appeals
DecidedAugust 15, 1988
DocketNo. 54591; ACM 24420
StatusPublished
Cited by7 cases

This text of 26 M.J. 361 (United States v. Robinson) is published on Counsel Stack Legal Research, covering United States Court of Military 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. Robinson, 26 M.J. 361, 1988 CMA LEXIS 1656, 1988 WL 76538 (cma 1988).

Opinion

[362]*362 Opinion of the Court

EVERETT, Chief Judge:

Contrary to his pleas, appellant was convicted by general court-martial of premeditated murder, rape, and forcible sodomy, in violation of Articles 118, 120, and 125, Uniform Code of Military Justice, 10 U.S.C. §§ 918, 920, and 925, respectively. The members sentenced him to confinement for life, total forfeitures (a portion of which was later suspended), reduction to the lowest enlisted grade, and a dishonorable discharge. The convening authority approved the sentence, and the Court of Military Review affirmed. 21 M.J. 937 (1986).

We granted appellant’s petition for review to consider this issue:

WHETHER APPELLANT’S “ADMISSIONS,” MADE DURING HIS INTERROGATION, SHOULD HAVE BEEN SUPPRESSED.

I

Senior Airman Nancy Nittler, the victim of the alleged crimes, had been on duty on the night of April 13, 1982, at the service-call desk of the Engineer Building at Ram-stein Air Base, Federal Republic of Germany. She was killed late that night or very early the next morning. The gruesome details of these crimes are recited in the opinion of the court below {id. at 938) and need not be repeated here, except as they relate to the granted issue.

Robinson first came to the attention of the Air Force Office of Special Investigations (OSI) after he had appeared at the security-police desk at Ramstein Air Base on April 16, 1982, and stated that he had information concerning Airman Nittler’s death. He was taken to the local OSI office, where he told investigators that he had driven by the crime scene between 11:30 p.m. and 12:30 a.m. on the night in question. Appellant stated that he had seen a tall, thin, light-haired male figure through a window of the room where Nittler had been killed. This person had made several striking motions with his right hand. When pressed for a possible identification, Robinson named Sergeant Kevin B. Curtis, who not only fit his description but also had been apprehended in the vicinity of the Engineer Building soon after the crime was discovered. Appellant told the investigators that he had not thought much about the scene he had observed and had driven on home. He had waited 2 days to report the events because he needed to collect his thoughts.

About 8 days later, the OSI interviewed Robinson’s wife and questioned her about his whereabouts on the night of the crimes. That same day appellant submitted to a polygraph examination after being advised of his Article 31(b) rights, 10 U.S.C. § 821(b).1 Robinson then agreed to participate in the interviews which give rise to this appeal.

On April 27 and 29, 1982, he was interviewed while apparently being in an hypnotic state induced by Dr. Russell Hibler, an Air Force psychologist. These interviews were videotaped and were later played during trial in connection with cross-examination of Dr. Hibler when he was called by the defense to testify. Prior to his first interview under hypnosis, appellant repeated his general statement concerning his observations on the night of the crimes. Under hypnosis, he expanded his account and described the race, build, and dress of the person he had seen. Robinson also related that he visualized this individual to be swinging a pipe.

[363]*363At the second interview, conducted 2 days later, appellant reported that he could see a larger figure assaulting a smaller figure with an object bent at a ninety-degree angle and with a wire attached — much like a desk microphone. During this session, appellant added other details to his description of the attacker — who, according to Robinson, resembled his supervisor, Captain Fuller.

After this interview, he added that this person also looked like Airman Nittler’s husband but was taller and heavier. About a week later OSI agents again interviewed Robinson, this time in order to determine whether he could more positively identify the assailant as Captain Fuller.

About 10:30 p.m. on July 2, 1982, Robinson arrived in an extremely emotional state at the service-call desk of the Engineer Building. He told Staff Sergeant Tenay, the noncommissioned officer on duty, that he wanted to talk to the investigators about the case; and so Tenay called the OSI. Robinson displayed some bizarre behavior and informed Tenay that he believed that Staff Sergeant (SSgt) Brownell — who according to appellant was involved in an extra-marital affair with the victim — had been the killer.

Special Agent (SA) Lofties, who had previously interviewed appellant about the crimes, and SA Burris responded to the call. When they arrived, Robinson told them that he had received threats against his family and that he believed he needed protection — which he had previously declined. He also provided the agents with information he had been withholding— about having observed an automobile at the Engineer Building on the night of April • 13. Appellant asserted that he had previously omitted this detail in order to locate the owner himself. He also told Lofties and Burris that he believed Brownell had been the source of the telephonic threat he had received.

SA Lofties took a statement from appellant on July 7. It was then that Robinson’s story began to change significantly. He informed Lofties that he had been untruthful in the hypnotically enhanced interviews in April. Robinson also stated that he had not actually seen the figures at the window but had really seen a “vision” of the scene after he had arrived home. When pressed, he said that he had seen the attack and thereafter had seen the figures in his “vision.” 2 Robinson’s description of this “vision” contained further details about the actual assault and a further identification of SSgt Brownell as the perpetrator.

Further changes in Robinson’s account occurred when he was interviewed by SA Pearce on July 21. Then, for the first time, he informed the OSI agents that he had engaged in sexual intercourse with a bar girl on the night of the crime. Previously, he had only acknowledged talking to her.

In early September, Robinson told SSgt Brownell, who was a close friend of the Nittlers, that he regretted having identified Brownell as the killer but that at the earlier time he had believed that the assailant resembled Brownell. Appellant also volunteered information that Airman Nittler had made a sexual advance toward him— which he had rebuffed “because he was a married man.”

At a party on September 15, appellant told Captain Fuller that he was depressed because he believed “that he could have prevented” Airman Nittler’s murder; and he again stated “that he could identify the” perpetrator. Captain Fuller and two other individuals went to the Engineer Building with Robinson to reconstruct the crime scene. Along with appellant, Fuller stood outside the building, but only about half the distance from the building to the road where appellant claimed he had been driving on the night of the homicide. Fuller concluded that appellant could not have observed the crime from the road, as he had claimed. In turn, Fuller informed the OSI of his conclusion.

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Cite This Page — Counsel Stack

Bluebook (online)
26 M.J. 361, 1988 CMA LEXIS 1656, 1988 WL 76538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robinson-cma-1988.