Rook v. Rice
| Citation | 783 F.2d 401 |
| Decision Date | 31 January 1986 |
| Docket Number | No. 85-4004,85-4004 |
| Parties | John William ROOK, Appellant, v. Nathan A. RICE, Warden, Central Prison, Raleigh, North Carolina, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
John Charles Boger, New York City (David S. Rudolf, Durham, N.C., on brief), for appellant.
Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen. of N.C., Barry S. McNeill, Asst. Atty. Gen., Raleigh, N.C., on brief), for appellee.
Before K.K. HALL and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.
John William Rook appeals from the district court's denial of his petition for habeas corpus relief, pursuant to 28 U.S.C. Sec. 2254. In his petition, he asserted constitutional infirmities in his convictions for first-degree rape, kidnapping, and first-degree murder and in his capital murder sentence. We affirm.
A detailed account of the facts of this case is set forth in State v. Rook, 304 N.C. 201, 283 S.E.2d 732 (1981), cert. denied, 455 U.S. 1038, 102 S.Ct. 1741, 72 L.Ed.2d 155 (1982). The following is a summary of those facts relevant to this appeal.
On May 12, 1980, Ann Marie Roche was walking along a public road in or near the City of Raleigh, North Carolina, when she was abducted by a white man with long, blond hair worn in a ponytail. She was kidnapped and carried away in an automobile to a remote site several miles away, where she was brutally beaten, assaulted, raped, and run over by an automobile as she lay wounded and bleeding to death. The next day, her body was found.
Witnesses to the abduction had written down the license plate number of the car into which Roche was forced and had reported that license plate number to the Raleigh police. Upon investigation, the police discovered that the car had, at the time in question, been on loan to John William Rook from his neighbor. The police also determined that Rook matched the witnesses' description of Roche's assailant.
At approximately 4:00 p.m. on May 15, 1980, Rook was arrested by Raleigh police on unrelated misdemeanor charges of assault on a minor child and failing to appear in court on a charge of driving under the influence ("DUI"). He was transported to a magistrate's office, where he was read the warrants and informed of his rights. Rook advised the arresting officer, Ronnie Holloway, that he understood his rights and that he would answer questions without a lawyer being present. He was then taken before a magistrate, where bond was set at $1,000 on the charge of failing to appear on the DUI charge and $50,000 on the charge of assault on a minor. Thereafter, Rook was transferred to a jail cell.
Later that evening, at approximately 8:00 p.m., Rook was taken from his cell to an interview room. He was provided a copy of his rights and was again read those rights. He advised one of the officers in attendance, Freddie Benson, that he understood his rights and he did not want a lawyer present. He then signed a form in which he waived his rights.
After obtaining some identifying information from Rook, Officer Benson proceeded to question him regarding his whereabouts on May 12, 1980. Rook replied that he had been involved in a fight with some black people on that date. Officer Benson then, in a loud voice, told Rook that he was a liar. He read Rook a warrant obtained approximately two hours earlier, which charged Rook with the murder of Ann Marie Roche, and he advised Rook that he was being charged with murder. Subsequently, Officer Benson left the interview room. The two other officers in attendance, Officers J.C. Holder and Ted Lanier, remained.
After Officer Benson left the interview room, Officer Holder reintroduced himself to Rook and advised him that he was a Raleigh Police Officer. Holder then went over the rights form and waiver with Rook a second time. Rook advised Officer Holder that he understood his rights and the waiver of his rights. He told Officer Holder that he could read, and that he had had his rights read to him several times before.
Rook talked with Officer Holder about his drinking problem, a former girlfriend whom he had beaten up, and about his wife. He also told the officers that while in prison he attended AA meetings and thought that he had his drinking under control, but had started drinking again and needed help for his problems.
Holder advised Rook that neither he nor Officer Lanier could help him and that the only thing that could help him was to tell the truth. Holder told the defendant that it took a strong man to admit that he was wrong.
Rook then told Officer Holder, Holder asked Rook to tell them about what had happened, and Rook proceeded to make detailed inculpatory statements concerning his activities involving the death of Ann Marie Roche.
Subsequently, Rook was charged with first-degree rape, kidnapping, and first-degree murder. Counsel was appointed for him, and he pleaded not guilty on all three charges. He was convicted by jury on all counts charged on October 23, 1980. Following the verdict, the trial court convened the sentence determination phase before the same jury, which recommended the death sentence for first-degree murder and consecutive life sentences for kidnapping and rape. Rook appealed to the Supreme Court of North Carolina, which affirmed with Justice Exum concurring in part and dissenting in part. State v. Rook, 304 N.C. 201, 283 S.E.2d 732 (1981). The Supreme Court of the United States denied certiorari. Rook v. North Carolina, 455 U.S. 1038, 102 S.Ct. 1741, 72 L.Ed.2d 155 (1982).
On July 26, 1982, Rook filed a motion for appropriate relief, pursuant to N.C.Gen.Stat. Sec. 15A-1411 et seq. (1978), in the Superior Court of Wake County. An amendment to the motion was filed on October 14, 1982. The Superior Court dismissed the motion, with leave to renew. Rook filed a renewed motion for appropriate relief on December 7, 1982. An evidentiary hearing was held on August 29--September 2, 1983, and September 19-22, 1983. The Superior Court denied relief and dismissed the renewed motion.
Thereafter, Rook filed a petition for writ of certiorari in the Supreme Court of North Carolina, seeking review of the judgment of the Superior Court. That petition was denied, and the Supreme Court of the United States denied certiorari. Rook v. North Carolina, --- U.S. ----, 105 S.Ct. 608, 83 L.Ed.2d 716 (1984), reh'g denied, --- U.S. ----, 105 S.Ct. 1237, 84 L.Ed.2d 373.
On June 4, 1985, Rook filed a petition for a writ of habeas corpus in United States district court. Following respondent's motion to dismiss, the district court entered a memorandum opinion and order dismissing the petition. Rook v. Rice, C/A No. 85-848-HC (E.D.N.C. October 18, 1985). Rook subsequently filed a motion to alter or amend the judgment, and it was denied. The district court issued a certificate of probable cause to appeal, and this appeal followed. 1
On appeal, Rook asserts a number of contentions. First, he claims that the district court erred in ruling that his confession was voluntary and, thus, properly admitted at trial. Next, he alleges that the district court erred in holding that the trial court's instructions on malice did not unconstitutionally shift the burden of proof to him. Appellant further contends that the district court erred in concluding that the trial court's instructions on mitigating circumstances did not deprive him of a reliable sentencing determination.
In addition, Rook maintains that the district court erred in ruling that his death sentence was not excessive. He also asserts that "death-qualification" of the jury deprived him of his rights to a fair and impartial jury. Finally, appellant argues that the district court erred in rejecting his contention that North Carolina's capital statutes are being administered in an arbitrary and racially discriminatory manner. We disagree with each of appellant's contentions. 2
With respect to his first allegation of error, Rook asserts that his confession was involuntary because he was not informed at the time of his arrest that he was a suspect in the Roche murder. He further claims that Officer Holder's statement that the only thing that could help him was to tell the truth served as a powerful inducement to him to confess in light of his desire for help with his alcoholism. Rook also contends that because of his low I.Q. of 71, his poor education (seventh grade), his young age (21), and his history of deprivation and abuse as a child, he was highly susceptible to the pressure put to bear upon him by the interrogating officers. Thus, appellant concludes, the statements he gave to Officer Holder were involuntary and should have been suppressed. We reject this contention as meritless.
Following an evidentiary hearing on the issue of voluntariness, the state court determined that no promises, offers of reward, or inducements were made to Rook; that he was not threatened in any way; and, thus, that his confession was made freely, voluntarily and knowingly at a time when he, having a full understanding and appreciation of his constitutional rights, chose to waive them. The district court independently evaluated appellant's confession, and it agreed with the holding of the state court.
Our review of the facts of this case leads us to conclude that the district court did not err in finding that Rook's confession was voluntary. See Miller v. Fenton, --- U.S. ----, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). Regardless of the fact that appellant was not aware that he was a suspect in the Roche murder at the time of his arrest, he was informed of the murder warrant against him during his interrogation. At that time, he was also re-advised of his rights. We find nothing in the interrogating officers' conduct that could be considered as bringing undue pressure to bear upon Rook to confess. To the...
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