Bradley v. State

• Decision Date: 29 August 1997
• Docket Number: No. 08-95-00383-CR,08-95-00383-CR
• Citation: 960 S.W.2d 791
• Parties: James Patrick BRADLEY, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

Page 791

960 S.W.2d 791

James Patrick BRADLEY, Appellant, v. The STATE of Texas, Appellee.

No. 08-95-00383-CR.

Court of Appeals of Texas El Paso.

Aug. 29, 1997.

Rehearing Overruled Oct. 8, 1997.

Matthew DeKoatz, El Paso, for Appellant.

Jaime E. Esparza, District Attorney, El Paso, for Appellee/State.

Before BARAJAS, C.J., and LARSEN and McCLURE, JJ.

OPINION

BARAJAS, Chief Justice.

This is an appeal from a jury conviction for the offense of murder. The jury assessed punishment at life imprisonment in the Institutional Division of the Texas Department of Criminal Justice and a fine of $10,000. We affirm the judgment of conviction.

I. SUMMARY OF THE EVIDENCE

Prior to trial, Appellant filed a motion to suppress his confession alleging that as a result of custodial interrogation, he confessed to law enforcement officers. The motion also alleged that the confession was involuntary in that he was questioned for over ten hours prior to making the statement; also, his request to speak to counsel was denied. Further, Appellant alleged that he was both mentally and physically incapable of executing a voluntary statement. Appellant additionally filed a motion to suppress the evidence obtained as a result of a search of his residence asserting that the search warrant was issued without probable cause.

At the hearing on the motions to suppress, Alfonso Marquez, a detective with the Crimes Against Persons Unit of the El Paso Police Department testified that on February 21, 1995, he went to 5409 Olson Street in El Paso County, Texas, at approximately 4:25 in the morning. He was accompanied by several other detectives and members of the Identification and Records section of the police department. They went to this address to inquire concerning the various body parts of an individual that had been located in various parts of the city. Marquez, Detective Ruiz, and a uniformed officer went to the door of the residence and met Appellant. The detectives identified themselves and entered the house. Appellant walked from the front door to a couch. Marquez noticed some small blood spots on the carpet. He inquired regarding the whereabouts of Appellant's wife and he responded that she had gone to Ruidoso, New Mexico with an African-American male named Jones and a white female.

Detective Marquez noticed a shotgun laying near the couch. He asked Appellant if he would accompany them to the police station to view photos of the body parts to determine the identity of the victim. Appellant agreed but stated that it probably was not his wife as she was in Ruidoso. He rose from the couch with the aid of a walker and went to a rear bedroom. He sat on the bed and started to cry. Appellant then related that his wife had rejected a ring he bought for Valentine's Day and that she didn't want him. Detective Marquez testified that, as a precautionary measure, he read Appellant his Miranda warnings. Appellant verbally acknowledged each right listed on the card and waived each of those rights. He signed and dated the card. Detective Marquez related that Appellant did not request an attorney; that he did not coerce Appellant to waive his rights or promise him anything in return for speaking to the officers. The witness stated that Appellant was fully coherent and was not under the influence of alcohol, narcotics, or medication. At Appellant's request, Detective Marquez got his wheelchair. ¹

When they got outside, Appellant asked about the presence of the other officers and another officer, Detective Castro, stated they had a search warrant. Appellant stated they did not need a search warrant and that he would give consent to search his house. Appellant was read his Miranda rights a second time and Detectives Ruiz and Castro went through the consent to search form with Appellant. Marquez related that there was no difficulty in communicating with Appellant, that he did not ask for an attorney, and he did not appear to be under the influence of alcohol or narcotics when he signed the consent to search form. Detective Marquez testified that Appellant was not threatened, coerced, or promised anything in exchange for the consent to search. The consent to search form stated that the Appellant was informed of his constitutional right not to have a search made of the premises without a search warrant and of his right to refuse to consent to such a search. It authorized the officers to search the house, storage sheds, yard, vehicles on the property, and it allowed the officers to take any letters, papers, materials, and other property from the premises. The document was signed and dated by Appellant and was witnessed by two of the officers.

Appellant and the officers proceeded to the central police station in El Paso. Appellant was not handcuffed. Once there, Appellant and Detectives Marquez and Ruiz initially went into a large interview room with a one-way mirror. There were chairs and a couch in the room. Appellant was offered coffee and cigarettes. The interview began at 5:15 a.m. Marquez testified that he would speak with Appellant for fifteen or twenty minutes and he would then leave the room and would observe Appellant through the one-way mirror to see how he was reacting while he was alone. Detective Marquez testified that he was in contact with the officers who where searching Appellant's house in order to know the results of the search.

Six hours into the interview, Appellant began to cry and told him that he gave his wife a ring for Valentine's Day. She threw it in his face, stated that he could no longer dance, and struck him with a flashlight. Detective Marquez asked Appellant if he killed his wife, dismembered her, and deposited the body parts all over the city. Appellant stated, "You may think I'm an animal, but I did do this to her." Marquez then turned Appellant over to Detective Ruiz at 11:20 a.m. for a written statement. Once again, Detective Marquez testified that during the period of time from 5:15 to 11:20, Appellant never requested an attorney and was never coerced or threatened. He was not promised anything, was allowed to use the restroom, and was not denied food or cigarettes. Marquez stated that Appellant was not under the influence of alcohol or any drug or narcotic substance. Appellant made no complaints regarding suffering any pain although he did state that he suffered from a rare blood disease. Although Appellant asserts that he had asked that his medication be brought to him at the police station, Marquez stated that, during the interview, Appellant never asked for the medication nor did he appear to be in need of any medication.

On cross-examination, Detective Marquez stated that he was aware of the existence of the search warrant but he did not know that it contained a provision for the arrest of Appellant. He stated that Appellant was not taken to a magistrate until the termination of the interview. Marquez testified that he did not withhold the medication in order to coerce a confession.

Detective Arturo Ruiz testified that he accompanied Marquez and other officers to Appellant's residence at 5409 Olson to meet with Appellant. Appellant was told that they needed to speak to him about his wife's disappearance and Appellant told them to come into the house. Appellant agreed to go with the officers to the police station. He followed Marquez into the house and arrangements were made for him to put on some clothes. Appellant went into a bedroom where he was advised of his Miranda rights. Appellant indicated that he understood his rights--he was cooperative, coherent, and he was not under the influence of alcohol or drugs. He observed Appellant sign the warning card.

When advised by Detective Castro that they had a search warrant for the house, Appellant responded that he had nothing to hide and they did not need a search warrant. Ruiz explained the form to Appellant and allowed him to review it. Appellant stated that he understood the form and he signed it. Ruiz stated that Appellant was advised that he could consult an attorney. He was not threatened, coerced, or promised anything to sign the form.

Appellant went to the police station. Ruiz was instructed to take Appellant's medication to the police station. Ruiz got the medicine and arrived at the police station at about 5:45 a.m. He told Appellant that he had brought the medication to the police department as requested. Ruiz testified that the medication was not brought to the station in order to entice Appellant to give a statement. Ruiz encountered Appellant at the interview room--he was not handcuffed. The witness read the warnings to Appellant again and Appellant waived his rights. When Appellant admitted verbally to Marquez that he had killed his wife, Ruiz administered the warnings again and Appellant waived his rights and agreed to give a written statement. The witness testified that Appellant was not threatened, coerced, or promised anything in obtaining the statement. He was not denied any necessities such as food, restroom usage, or cigarettes. Appellant drank coffee and water during the interview but turned down the offer of food. Appellant related that the last time he had taken his medication was at approximately 11:30 p.m. Appellant did not appear to be under the influence of drugs or alcohol. Ruiz stated that Appellant never asked for this medication and it was never posed to Appellant that he would get his medication if he gave a statement. It never appeared that Appellant was in pain.

The record shows that in order to type the statement, Detective Ruiz and Appellant moved to an office cubicle where a computer terminal was located. Ruiz logged on to the computer at 11:30 a.m. Appellant was seated in his wheelchair and was allowed to smoke. He could view the computer screen as Ruiz typed the statement. At the conclusion of the statement, Appellant requested that Ruiz add that his therapist knew about his wife's abuse of him and this...