Cavazos v. State

• Decision Date: 16 June 1943
• Docket Number: No. 22535.,22535.
• Citation: 172 S.W.2d 348
• Parties: CAVAZOS v. STATE.
• Court: Texas Court of Criminal Appeals

172 S.W.2d 348

CAVAZOS v. STATE.

No. 22535.

Court of Criminal Appeals of Texas.

June 16, 1943.

Appeal from Criminal District Court, Willacy County; Geo. C. Westervelt, Judge.

Franasco Cavazos was convicted of murder, and he appeals.

Reversed and remanded.

S. P. Nielsen, of Raymondville, for appellant.

Spurgeon E. Bell, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a thirty-year sentence on a charge of murder. In a former conviction appellant was assessed a penalty of thirty-five years, which was reversed by this court. 143 Tex.Cr.R. 564, 160 S.W.2d 260.

The former opinion is here referred to for a statement of the facts of the case and of the law under the record as made in that trial. The appellant's story of being taken in custody without a warrant for his arrest and carried out of the county of his residence to Kingsville, Kleberg County, where he was kept for about two weeks, and his story of mistreatment is the same as that given in the first trial. As stated in the opinion herein referred to, this story was not contradicted by anyone at the first trial, probably on the theory that it made no difference what happened to him at the time he was forced to sign the first confession because it was shown that he had thereafter signed the second one which was offered in evidence against him and relied upon by the State. Great emphasis was laid on appellant's testimony that he was forced to stand on tin cans for a number of hours, resulting in his feet being in a very bad condition, and this same testimony was given in the second trial. To rebut his story of mistreatment, the State produced witnesses who observed him walking into the court house at Raymondville upon his return from Kingsville. The county health officer testifies on the second trial that upon his return to Raymondville he had the prisoner stripped and examined him from head to foot and found no evidence of mistreatment. The district clerk testifies to visiting the prisoner as a news reporter and taking numerous pictures of his body, one of which was introduced and shows the bottom of his feet. This was prior to the second confession. His story of punishment was denied by the two rangers who were alleged to be the chief actors in securing the first confession, and thus an issue of fact arose as to the voluntary nature of the first confession unless the story of the officers as to what did occur took that issue out of the case, to the advantage of appellant.

If there is an issue of fact for the jury to pass on relating to the voluntary confession first obtained and the jury should find that issue in favor of the State's contention, then all taint on the second confession would naturally be removed and the State would not have the burden pointed out in the opinion on the first appeal. On the other hand, if the first confession is held to be an involuntary one the State would approach the second confession with the burden of showing that it was not produced by the influences which forced the first confession, and a charge thereon would be required in submitting the case to the jury. The trial court failed to give this charge, evidently taking the view that the jury's finding as to the first confession would eliminate the necessity therefor. Therefore, we must consider the facts relative to the first confession as testified to by the officers themselves in order to determine whether or not that was a voluntary confession and entitled to be considered by the jury.

In the state of the evidence it is not a matter of concern with this court as to whether or not appellant told the truth about what occurred. His entire statement may be false. Nevertheless, the statement of the officers produced by the State is sufficient to show a coercion making the statement inadmissible under the many holdings of this court and of the Supreme Court of the United States, construing the provisions of the State Constitution and of the Federal Constitution prohibiting any procedure which would compel a party accused of crime to give testimony against themselves. A review of the testimony given by the officers will suffice to support this conclusion.

W. E. Riggs, State ranger, testified that he was stationed in Raymondville and made an investigation of the Cavazos case. He took him into custody while in Raymondville at the court house, having arrested him in his capacity as a State ranger. This was on May 19th. He immediately took him to Kingsville and the next day went to San Antonio. On May 22nd he left him in the jail at Kingsville while he returned to Hidalgo County to make further investigation and next returned on June 8th, during all of which time appellant was left in the Kleberg County jail. He then denies generally and specifically everything which appellant testifies that the rangers did to produce a statement but affirmatively states that they kept the prisoner under constant questioning from early afternoon of June 8th until about two or three o'clock the next morning. He sat him down and placed before him the skull of the deceased, at the sight of which appellant said, "I will tell you about it", and he did make the statement. On cross examination he admitted that he did not take him to a magistrate when arrested and had no warrant for his arrest but carried him out of the county, saying it was for the purpose of making an investigation. He took him to San Antonio to a lie detector machine. This was in accordance with his usual custom, saying: "I take them any place I please, and I did that in this case." Other officers with him assisting in questioning the accused were Ranger Joe Bridge, Travis Peeler, Clarence Barnes, Henry Timmerman, and Jim Scarborough. Bridge, the other ranger, met him there by appointment for that purpose. Others were officers who wore guns. He further testified:

"We took him in a room there, and myself and my helpers started questioning him; the questioning continued until about two or three that morning. Somebody was questioning him continuously; what time I didn't somebody else did. When one of us ran out of breath, somebody else would take over, that's right. We questioned him until about two or three o'clock before he started saying something.

"* * * I don't remember whether the prisoner ate or not. I don't know whether he asked for anything to eat. I don't think he did. As to whether he asked for water, we gave him water; I know that, I went out and got it once myself. You asked me whether during this ten or twelve hours of continuous questioning, I just asked him all the time whether he had anything to do with it; I asked him that many times, yes. As to whether I just repeated it over and over again, I couldn't tell you the exact words we used. I told him he would be better off to tell the truth; sure, I told him that. I did not tell him if he did not confess, something would happen to him. I never made any threats to him.

"* * * You asked me what made him finally break, whether I think the continuous questioning did it; yes, that, and we had that skull there before him, and we were standing there before him. As to whether I think that skull scared him into it; I think that had a lot to do with it. I wouldn't say that we eventually just talked him out of it—he eventually confessed. That was brought about by our continuously questioning him until he finally broke."

The witness testified that he considered this a voluntary statement. He did not consider duress at all and that was his custom. He further says: "I have handled quite a number of criminal cases; many a one; and when I think I have the right man, I try to get a confession. When I can't get one real quick, I use all efforts that I think are alright to get one, yes; and that includes questioning them for ten or twelve hours if necessary."

Joe Bridge, the other ranger, testified to about the same thing, saying that the questioning began some time after one o' clock; that there were two or three officers with him at all times—all peace officers with guns. Somebody questioned the prisoner all the time. "The prisoner was standing up; I believe he stood up all evening. He wasn't standing up against the wall; he was just standing there in the room. * * * We did get results this time." He says the questioning was continuous most of the time. There were a couple of beds in the room where the officers lay down when they needed rest. Further: "We just kept on questioning him and he finally broke. You ask whether I figured that if I did question him long enough he would finally make a statement; they most usually do. By that, I mean that if you have enough information, they generally do." He says the prisoner was then taken back to Raymondville; that soon thereafter, the district attorney wanted him to make a second statement and asked the witness, Ranger Bridge, to talk to him, which he did. The district attorney didn't request the witness to talk the accused into making another statement, but "just asked me to ask him to make it, and he said he would." No threats were made to secure the other statement.

The record reveals that the cautious district attorney desired another statement made to him under conditions with which he would be familiar. This was done and this is the statement which was introduced in evidence to corroborate the...