State v. Jackson
| Decision Date | 07 July 1983 |
| Docket Number | No. 300A82,300A82 |
| Parties | STATE of North Carolina v. James Wallace JACKSON. |
| Court | North Carolina Supreme Court |
Rufus L. Edmisten, Atty. Gen. by Joan H. Byers, Asst. Atty. Gen., Raleigh, for the State.
Gerald L. Bass, Raleigh, for defendant.
The pertinent portions of the order entered by the trial court are:
"THIS CAUSE coming on to be heard and being heard upon the defendant's Motion to Suppress any and all statements of his made to police officers on April 8, 1981, and dated and filed of record on July 10, 1981, the defense acknowledging there is no constitutional objection to any statement given prior thereto; and the Court having heard evidence on October 14, 15 and 16, 1981, and thereafter the statements and arguments of counsel for the defendant and of the Assistant District Attorney were heard on December 15, 1981, makes the following Findings of Fact and mixed Findings of Fact and Conclusions of Law, all findings of fact being found by at least a preponderance of the evidence.
(1) That defendant was personally present in open Court with his counsel;
(2) That this evidentiary hearing was held in the absence of a jury;
(3) That the Court has had an opportunity to see and observe each witness and to determine what weight and credibility to give to each witness' testimony, including the defendant.
(4) That on or about the 15th day of March, 1981, the Major Crimes Task Force of the Raleigh Police Department, Raleigh, North Carolina, was assigned to investigate the homicide-death of Leslie Hall-Kennedy ....
(5) ... That Ms. Hall-Kennedy had been stabbed twice in the back with one exit wound over her left breast. That while at the scene Detective Williams interviewed the three occupants of a rear apartment who had discovered the body. That the two men and one woman described a fourth individual, a young black male, who had also been at the scene when the body was found, prior to the police arriving....
(6) That a search of Ms. Hall-Kennedy's apartment on March 15 and 16, revealed that the only item missing was a J.H. Hinckle brand, Kitchen knife ...
(7) ... [T]hat through the efforts of the three witnesses who had seen the black male on March 15, 1981, at 207 Cox Avenue, the defendant James Wallace Jackson was identified as that man;
(8) That sometime prior to March 26, 1981, Detective A.L. Watson and Detective John Beasley called the defendant's mother and left a message for the defendant to call them. That on March 26, 1981 at 5:30 p.m. the defendant called those officers and they came to the defendant's mother's house and picked him up. That the officers told the defendant who they were and that they wanted to talk with him as a possible witness. That they did not place the defendant under arrest. That after arrival at the Investigative Division at about 6:00 p.m., the defendant was fully advised of his Miranda rights, understood those rights, never requested an attorney, and waived those rights in writing. That Detective Watson and Detective Beasley interviewed the defendant for about one hour. That Detective Mack then interviewed the defendant for about one hour and forty-five minutes. That at the completion of this interview, Detective Williams, Watson and Mack took the defendant to his mother's house and let him out of the car, and that the defendant agreed to return to the Investigative Division for further interviews and to take a polygraph test the next day;
(9) [Set out hereinafter.]
(10) [Set out hereinafter.]
(11) [Set out hereinafter.]
(12) That on March 27, 1981 at 10:00 a.m., the defendant arrived at the Investigative Division. That he walked from his mother's house to that location. That the defendant was advised of his MIRANDA rights by Officer Knox, waived those rights in writing, and voluntarily took a polygraph test. That after the interview with Officer Knox at about 1:00 p.m., the defendant was interviewed by Detective Mack and Detective Privette. That this interview lasted until about 5:00 p.m. when Detective Watson took the defendant to Hargett Street and let the defendant out of the car. That the defendant was not under arrest;
(13) ... Detective Mack has met and interviewed the defendant in connection with two other investigations; one being an attempted rape at Dorothea Dix Hospital, the other a rape and armed robbery at a fast food place of business....
(14) ... That prior to the asking of questions the defendant was advised of his constitutional rights by Detective Mack....
(15) That during this interview no threats or promises were made to the defendant, that the defendant never asked for an attorney, or to leave the room or police station; that he appeared to know where he was and who Detective Mack was; that he did not appear to be under the influence of drugs or alcohol; and that the defendant acted quite normal and very similar in manner to past meetings with Detective Mack.
(16) That the defendant gave an exculpatory statement indicating he went with other persons who had heard screams or other sounds into the apartment of Leslie Hall-Kennedy on March 15, 1981; handled a file, and handled the victim, raising her up to see if she was alive, but that he did not commit the homicide; that he had washed his hands and used the bathroom at a nearby apartment afterwards. That the interview lasted about two and one-half hours to three hours. That after the interview concluded the defendant left, being told the officers would be getting back in touch with him. That no promises or threats or hope of reward for a statement were made to the defendant during the interview.
(17) That the defendant did not see any of these police officers again until approximately 6:00 p.m. on April 8, 1981, when Detective Williams approached the defendant on Hargett Street and told the defendant that Detective Mack wanted to talk with him about the murder on Cox Avenue. That Detective Williams did not place the defendant under arrest and the defendant voluntarily got into the car and came to the station. That every time the defendant was interviewed by the police they advised him of his Miranda rights ....
(18) That on March 31, 1981, a J.H. Hinckle brand kitchen knife, with a blade ten inches long, was found near the railroad tracks which are in the area of Cox Avenue. That this knife was identical to the knife missing from the set in Ms. Hall-Kennedy's apartment....
(19) ... That Detective Williams obtained a knife identical to State's Exhibit 3, pricked his own finger, placed his blood on the blade of the knife and placed his right thumb print in the blood. That Detective Williams then had two photographs prepared of that print and marked as Detective Parker had requested....
(20) That Detective Williams knew when he prepared State's Exhibit 1 and 2 that no fingerprints or blood were on the knife, State's Exhibit 3, which the officers felt was the murder weapon; that Detective Williams knew the defendant had been interviewed on March 26 and 27 and knew that the defendant had denied the homicide while admitting part of what the witnesses had said and denying part;
(21) That at about 6:00 p.m. on April 8, 1981, Detective Williams saw the defendant on Hargett and Haywood Streets in Raleigh. That Detective Williams stopped his car and the defendant came up to it. That Detective Williams identified himself to the defendant orally and by showing his police identification. That the defendant was asked to get in the car and he did so voluntarily. That Detective Williams advised the defendant that the police wanted to talk with the defendant about this homicide and that Detective Mack would interview him....
(22) That Detective Williams did not know if the defendant had eaten and did not offer any food to him. That Detective Mack was a black detective assigned to this investigation, the others being white.
(23) That on April 8, 1981 at about 8:00 p.m., Detective Parker was called and came to the Investigative Division to interview the defendant....
(24) That Detective Mack interviewed the defendant on April 8, 1981 beginning at about 6:20 or 6:30 p.m. in the same room at the Investigative Division.... That the defendant's appearance was the same as on March 27; that he never asked for a lawyer, was never threatened or promised anything in exchange for his signature on the State's Exhibit # 5, or promised or threatened in any way to make a statement. That the defendant was aware that he was free to leave whenever he felt like it from the outset of the interview and he never asked to leave or got up to leave. That Detective Mack never told the defendant he could not leave, that Detective Mack told the defendant he was not under arrest at the outset of the interview and that the defendant was told he was not in custody. He was not handcuffed and the interview room door was not locked.
(25) That this interview with Detective Mack lasted from 6:30 p.m. until 10:00 p.m., everyone being seated and Detective Mack speaking in a normal voice.... That the officer had a knife in the interview room, that the knife was not exhibited directly to the defendant, nor was he shown fingerprints or blood or photographs of fingerprints. That the defendant was truthfully informed where and when the knife, State's Exhibit # 3 was found and asked a question: How he would explain his fingerprints on the knife? (Detective Mack did not tell him that his fingerprints were on the knife.) That Detective Mack's intent was to find out if he'd offer an explanation or deny it. That the defendant said his fingerprints could not be on the knife.
(26) That Detective Mack was aware of the existence of State's Exhibit # 1 and # 2, and how they happened to be created and how these exhibits were to be used during the interview of the defendant....
(27) [Set out hereinafter.]
(28) That during this same interview Detective Mack told the defendant that a...
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