Willey v. State

• Decision Date: 17 June 1999
• Docket Number: No. 06S00-9712-CR-654.,06S00-9712-CR-654.
• Citation: 712 N.E.2d 434
• Parties: James R. WILLEY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Supreme Court

712 N.E.2d 434

James R. WILLEY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

No. 06S00-9712-CR-654.

Supreme Court of Indiana.

June 17, 1999.

Deborah K. Smith, Thorntown, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Kimberly MacDonald, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee. BOEHM, Justice.

A jury convicted James R. Willey of felony murder, involuntary manslaughter, conspiracy to commit aggravated battery, conspiracy to commit burglary as a Class A felony, and burglary as a Class A felony. Three of the counts were "merged" into the remaining two at sentencing, and Willey was sentenced to consecutive terms of fifty years for conspiracy to commit burglary and sixty-five years for felony murder.

In this direct appeal, Willey contends that: (1) the trial court erred in admitting testimony regarding the results of a polygraph examination; (2) the statement he gave to police should have been suppressed as involuntary; (3) the trial court erred in allowing hearsay statements by several witnesses regarding threats that Willey had made to the victim and her fear of him; (4) the admission of several autopsy photographs of the victim constitutes fundamental error; (5) his dual convictions and sentences for felony murder and conspiracy to commit burglary violate federal double jeopardy; and (6) the trial court improperly found two aggravating circumstances at sentencing. We affirm the convictions and sentence.

Factual and Procedural Background

On March 12, 1997, Willey left Indiana for Florida where he stayed with his aunt. Eight days later, Janice Willey's body was found in her garage by her son. She had been smothered, strangled and beaten with a sledgehammer. Janice and Willey were married in 1963 and divorced in 1987. Shortly after the divorce, Willey returned to the residence and the two lived together until the fall of 1996 when Willey moved out of the home at Janice's request. Willey retained a key to the home and returned virtually every day until Janice started using a deadbolt in early 1997.

On March 23, 1997, police investigating Janice's death spoke with Roger Barnard, a friend of Willey's. The following day, when police attempted to speak with him again, Barnard shot and killed himself in the parking lot of a tavern.

On March 25, a Florida police officer spoke with Willey at the request of Indiana authorities. The officer told Willey that Barnard had shot himself and had implicated Willey in Janice's death before he died. In fact, Barnard had said nothing about Willey. The officer asked Willey if he would be willing to take a polygraph examination and Willey replied that he would submit to a polygraph in either Florida or Indiana, whichever the police preferred. The next day several Indiana State and Boone County police officials flew to Florida to meet with Willey.

Willey agreed to meet with the officers at a Florida police station to give a statement and take a polygraph examination. At the station, the polygraph examiner, a reserve officer of the Boone County Sheriff's Department, orally advised Willey of his Miranda rights and also gave him a written "Advice of Rights—Interrogation" form, which recited the Miranda rights and also included a waiver of the right to remain silent and the right to legal counsel. Willey signed the form after reading it. He also read and signed a "Polygraph Waiver" which also included a statement of Miranda rights. Willey signed a third document entitled "Stipulation" stating that he waived his privilege against self-incrimination as to information resulting from the polygraph examination. The stipulation was orally reviewed point-by-point and signed by Willey. Willey declined the opportunity to have the interview recorded in audio or video.

In the polygraph interview Willey denied involvement in Janice's death. The polygraph certified examiner, Officer Klingler, after discussing the exam with Boone County Sheriff Hudson, who was also polygraph certified, concluded that the test indicated deception. He then confronted Willey with his interpretation and asked Willey how it occurred. Willey initially made some admissions, and after individual questioning by the other officers over the next few hours agreed to make a statement at about 10:00 p.m. He was given the option of writing or typing the statement himself, but asked Boone County Sheriff Hudson to type it for him. Willey then gave a statement that in substance admitted to an agreement with Barnard to "rough up" Janice while Willey was in Florida. Willey also admitted to giving Barnard $7,000 in cash, some guns, and a watch "to hold for me ... while I was in Florida."¹

According to Hudson, Willey appeared to be alert and coherent and to understand everything that was happening at the time he signed the statement. Hudson reviewed Willey's Miranda rights before beginning the statement, read each paragraph to Willey "word-for-word" after it was typed, and had Willey read and initial each paragraph after the entire statement was typed.

Several days later the police transported Willey to Indiana. At that time Willey was again advised of his Miranda rights and agreed to talk to the transporting officers. When asked if the written statement was true, Willey stated that it was. Willey was also asked about each point in his typewritten statement to police and agreed that each was true. Willey also volunteered that "[i]f I just wanted [Janice's] ass kicked, I would have done it myself."

Willey was charged with conspiracy to commit aggravated battery, conspiracy to commit burglary as a Class A felony, involuntary manslaughter, felony murder, and burglary as a Class A felony. He filed a pretrial motion to suppress his statement to police and all evidence pertaining to the Polygraph examination. Both motions were denied after a hearing. A jury found Willey guilty of all charges.

I. Admissibility of Polygraph Results

In his pretrial "Motion to Suppress and Exclude All Evidence Pertaining to Polygraph Examination," Willey raised several grounds for the inadmissibility of "all evidence" relating to the polygraph examination.² At trial Willey did not object to much of the polygraph examiner's testimony, including the questions asked and the answers given. But when the State asked the polygraph examiner if he arrived "at a determination—as to whether or not the Defendant had told the truth on the relevant questions," Willey objected on the ground that the stipulation did not permit the trial court or jury to hear the results of the polygraph test.

As this Court recently observed in Sanchez v. State, 675 N.E.2d 306, 308 (Ind. 1996), there are four prerequisites to the admission of polygraph results: (1) the prosecution, defendant, and defense counsel³ must all sign a written stipulation providing for the defendant's submission to the examination and for the subsequent admission at trial of the results; (2) notwithstanding that stipulation, the admissibility of the test results is at the trial court's discretion regarding the examiner's qualifications and the test conditions; (3) the opposing party shall have the right to cross-examine the examiner if his or her graphs and opinion are offered into evidence; (4) the jury be instructed that, at most, the examiner's testimony tends only to show whether the defendant was being truthful at the time of the examination, and that it is for the jury to determine the weight and effect to be given to the examiner's testimony. The stipulation contained the following eight paragraphs:

1. The above-named individual has requested that he be given a polygraph examination by a qualified Boone County Law Enforcement Officer.

2. That Pamela Buchanan, Prosecuting Attorney, consents to said polygraph examination.

3. That the examiner will be competent polygraph examiner and qualified by his education, training and experience to testify as an expert witness in interpreting the results of the polygraph examination performed by him and the use of the polygraph as a means of detection of deception.

4. That the questions of the examiner, the answers by the individual any interrogation or other things relating to said examination, may be admitted as evidence, either on behalf of the State of Indiana or on behalf of the individual, subject to the discretion of the Court trying such case.

5. That the above-named individual hereby waives his constitutional privilege against self-incrimination to the extent that the same may be involved in the presentation of evidence in the foregoing matters.

6. The above-named individual also understands that without his consent to the use of these test results, said test results would otherwise be inadmissible.

7. The defendant's polygraph chart recordings, the examiner's various work sheets and all questions other than the relevant test questions are not to be introduced into evidence.

8. It is further understood by all parties that upon signing this Agreement and Stipulation, it is not only binding upon them individually; but upon all further parties and their successors in interest, i.e. such other counsel as the State or the defendant may retain or employ for any trial or hearing involving this indictment.

The stipulation is a contract between the State and Willey. Atkinson v. State, 581 N.E.2d 1247, 1250 (Ind.1991). Contract law principles therefore control its use and interpretation, including the well settled doctrine that an ambiguity is to be construed against the party who prepared the contract. See Fresh Cut, Inc. v. Fazli, 650 N.E.2d 1126, 1132 (Ind.1995)

; Rosenbaum Bros. v. Nowak Milling Corp., 222 Ind. 108, 112, 51 N.E.2d 623, 624 (1943). Sheriff Hudson testified that he took a copy of a polygraph stipulation from an adjoining county with him to Florida and called the Boone County Prosecutor's officer for further instruction. After typing the...