W.T.J. v. State

665 So. 2d 1019
CourtCourt of Criminal Appeals of Alabama
DecidedApril 14, 1995
DocketCR-93-1354
StatusPublished
Cited by3 cases

This text of 665 So. 2d 1019 (W.T.J. v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W.T.J. v. State, 665 So. 2d 1019 (Ala. Ct. App. 1995).

Opinion

ON APPLICATION FOR REHEARING

LONG, Judge.

The State’s application for rehearing is granted. This court’s opinion of January 13, 1995, is hereby withdrawn and the following opinion substituted therefor.

This is an appeal from the order of the Juvenile Court of Jefferson County ordering the transfer of the appellant, W.T.J., to circuit court for criminal prosecution as an adult on three charges of robbery. The appellant contends that his statements to the police were involuntary because, he says, they were the result of promises of reward [1021]*1021and of the “threat of additional eases” so that the alleged threat “coerced and induced the confessions.” The appellant also contends that because the statements were involuntary and, therefore, inadmissible, the State failed to present a prima facie ease and there was no probable cause for the order of transfer in cases JU-94-50362 (robbery of a McDonald’s restaurant) and JU 94-50367 (robbery of Algie Harris at Gas World service station). Appellant’s brief at 16. The appellant does not dispute the sufficiency of the evidence to support the appellant’s transfer in case JU-94-50471 (robbery of a Little Caesar’s Pizza restaurant). In that case, the victim positively identified the appellant.

The appellant gave custodial statements to the police: Court’s Exhibit 1 is the statement the appellant gave on January 19, 1994. Court’s Exhibit 2 is the statement the appellant gave on January 27, 1994 (dated March 15, 1994, the day the tape was transcribed). Court’s Exhibit 3 is the statement the appellant gave on January 27,1994 (second part of statement in Court’s Exhibit 2). Court’s Exhibit 4 is the statement the appellant gave on February 2, 1994 (dated and transcribed March 2, 1994). See R. 302. The appellant did not object to the admission of Court’s Exhibits 1 and 2. See R. 210. We have found no objection in the record to Court’s Exhibit 3. The appellant did object to a portion of Court’s Exhibit 4, but did not object “to the beginning.” R. 73.

The trial court ruled that a portion of Court’s Exhibit 4 was inadmissible: “[F]rom page 14 to the end is found to be inadmissible.” R. 299. The trial court properly excluded that portion of Court’s Exhibit 4 because the interrogating officer, Detective Richard A. Miller of the Birmingham Police Department, informed the appellant that he would inform the district attorney that the appellant was cooperating and telling the truth and that as a result no more cases would be brought against him. “Confessions that are the result of express or implied promises are not voluntary and must be excluded.” Wyatt v. State, 620 So.2d 77, 78 (Ala.Cr.App.1992).

However, the trial court’s ruling did not go far enough. Detective Miller testified that he informed the appellant that he could or would inform the district attorney of the appellant’s cooperation or failure to cooperate. The detective implied that if the appellant “cooperated,” additional charges would not be brought against the appellant. From the record before this court, it is not clear when the detective made these statements to the appellant; however, it does appear that he made them repeatedly. At best, this Court can state only that the record in this ease is confusing and that the prosecutor did not clearly establish the voluntariness of Court’s Exhibit 4. Even the trial judge acknowledged her confusion, saying that the case was “just such a mess.” R. 148, 232. Repeatedly, the trial judge admonished the detective for his conduct during his interrogations of the appellant. See R. 178-79, 180, 229-30, 231-32, 237, 244, 253, 255-56, 257-59, 280. The court labeled the detective’s conduct “totally unacceptable,” R. 179, and stated, “I rarely get this kind of thing but this is bad, real bad.” R. 182.

In this case, the statements made by Detective Miller were clearly sufficient to render the confession involuntary. See Carden v. State, 612 So.2d 506, 508-09 (Ala.1992); Wyatt v. State, 620 So.2d 77, 79 (Ala.Cr.App.1992) (“The appellant’s confession was coerced by the officer’s promise to bring the appellant’s cooperation to the attention of the prosecutor and was, therefore, not voluntary.”); Luttrell v. State, 551 So.2d 1126, 1130 (Ala.Cr.App.1989) (“As to Investigator Batson’s further promise to the appellant that he would inform the district attorney of the appellant’s cooperation, the Alabama Supreme Court has recently held that such a promise may render a confession involuntary. Ex parte Weeks, 531 So.2d 643 (Ala.1988).”).

We find that the prosecution did not carry its burden of proving the voluntariness of Court’s Exhibit 4.

“ ‘The State has the burden of proving that the defendant’s confession was voluntary. Whether a confession is voluntary is determined by an examination of the totality of the circumstances surrounding the giving of the confession.’ Carden v. State, 612 So.2d 506, 508 (Ala.1992). ‘It is well [1022]*1022settled in this Court that “[e]xtrajudicial confessions are prima facie involuntary and inadmissible, and [that] the burden is on the State to prove that the confession was made voluntarily.” Ex parte Callahan, 471 So.2d 463, 464 (Ala.1985).’ Ex parte Matthews, 601 So.2d 52, 53 (Ala.), cert. denied, [505] U.S. [1206], 112 S.Ct. 2996, 120 L.Ed.2d 872 (1992).”

Thomas v. State, 625 So.2d 1174, 1176 (Ala.Cr.App.1993).

In its brief in support of its application for rehearing, the State argues that the trial court’s error in admitting part of Exhibit 4 was harmless under Arizona v. Fulminante, 499 U.S. 279, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991). The State contends that even without Exhibit 4, probable cause to transfer the appellant in case JU-94-50362 (robbery of a McDonald’s restaurant) was provided by Detective Miller’s testimony that the appellant’s eodefendant, J.W., told Detective Miller that he, the appellant, and a third person robbed the McDonald’s. (R. 61.) The State further contends that even without Exhibit 4, probable cause to transfer the appellant in case JU-94-50367 (robbery of Algie Harris at Gas World service station) was provided by the testimony of Detective David Robinson of the Birmingham Police Department that, during his interrogation of another of the appellant’s codefendants, C.A., C.A. told the detective that he, the appellant, and J.W. robbed Gas World. R. 395-396. We agree that probable cause existed without Exhibit 4 as to the McDonald’s robbery, but not as to the Gas World robbery.

The record reveals that the appellant made two objections to Detective Miller’s testimony as to J.W.’s statement at trial. R. 51-52. One of these was later withdrawn. R. 60. The other was a general objection, to which the trial judge responded, ‘Well, I’d overrule. I think it’s admissible. But it’s a statement of a codefendant and I understand that.” R. 51-52. This response is further explained by a later response by the trial judge. The appellant objected to Detective Robinson’s testimony concerning C.A.’s statement on the following ground: “[The statement] would not be admissible because of him being a co-defendant.” The trial judge responded, Well, I don’t know if it’s not admissible. It’s just that he can’t be convicted on a statement of a co-defendant.” R. 394.

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665 So. 2d 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wtj-v-state-alacrimapp-1995.