Com. v. Johnson
| Decision Date | 16 March 1979 |
| Citation | 399 A.2d 111,484 Pa. 349 |
| Parties | COMMONWEALTH of Pennsylvania, Appellee, v. Robert JOHNSON, Appellant. |
| Court | Pennsylvania Supreme Court |
Allan B. Goodman, Asst. Dist. Atty., Easton, for appellee.
Before EAGEN, C. J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.
On May 2, 1975, appellant, Robert Johnson, was convicted by a jury of robbery, criminal conspiracy, possession of a prohibited offense weapon, and recklessly endangering another person. Prior to trial, suppression motions were denied. Post-verdict motions were also denied, and appellant was sentenced from seven and one-half to fifteen years in prison. In an appeal to the Superior Court, appellant raised various issues which were decided adversely to him. As to one issue involving the effectiveness of counsel, the Superior Court remanded the matter to the trial court for an evidentiary hearing. Commonwealth v. Johnson, 247 Pa.Super. 208, 372 A.2d 11 (1977). An evidentiary hearing has since been held and the transcript forwarded to this Court. Appellant filed a petition for allowance of appeal which this Court granted.
Appellant contends that all statements which he gave to the police should have been suppressed because he was not properly advised of his constitutional rights. We agree and therefore reverse the judgment of sentence and grant appellant a new trial.
When the prosecution contends that an accused has waived a constitutional right, the prosecution has a heavy burden of proving that an accused has exercised a knowing and intelligent waiver of that right. Commonwealth v. Romberger, 464 Pa. 488, 347 A.2d 460 (1975), Commonwealth v. Goodwin, 460 Pa. 516, 333 A.2d 892 (1975), Commonwealth v. Fogan, 449 Pa. 552, 296 A.2d 755 (1972). After reviewing the record, we conclude that appellant did not knowingly and intelligently waive his constitutional rights.
Appellant and his co-defendant were arrested for the robbery of a restaurant. They were taken to police headquarters where they were read a version of their Miranda rights and then given a written copy of that statement to read. Appellant later signed the same version of his Miranda rights. Subsequently, appellant gave oral statements to the police. He refused to make any written statements without an attorney present.
Appellant was informed of his Miranda rights by the following statements:
(Emphasis added.)
The above underlined portion of the statement read to appellant was inadequate to fully inform appellant of his constitutional rights. While we have said that there is no one formula to be applied in determining whether a version of the Miranda warnings is constitutionally defective, the test set forth by this Court is whether the:
" . . . offered version is More likely to give a suspect a Better understanding of his constitutional rights and a Heightened awareness of the seriousness of his situation." (Emphasis added.)
Commonwealth v. Singleton, 439 Pa. 185, 190, 266 A.2d 753, 755 (1970). At best, the warnings given appellant when judged by this standard are equivocal. They suggest on the one hand that one's constitutional right to the assistance of counsel is triggered "if and when" the accused is taken to court. On the other hand, they state that one accused of a crime has a right to an attorney during police interrogation. Such internally inconsistent warnings can not be said to be "more likely to give a suspect a better understanding of his constitutional rights and a heightened awareness of the seriousness of his situation." Commonwealth v. Singleton, supra.
The adequacy of the Miranda warnings used in this case has been considered by at least four federal circuit courts, which have split in their views. A review and analysis of these decisions is contained in the dissenting opinion of Judge Spaeth in the Superior Court, portions of which follow:
"In my view these warnings are fatally flowed, for the reasons well stated by the United States Court of Appeals for the Seventh Circuit in United States ex rel. Williams v. Twomey, 467 F.2d 1248, 1249-50 (7th Cir. 1972), which involved substantially identical warnings. (Footnote omitted.) Said the court:
Appellant challenges the adequacy of the advice of his right to an attorney, in light of the qualifying language, 'We have no way of furnishing you with an attorney, but one will be appointed for you, if you wish, if and when you go to court.'
Miranda requires a clear and unequivocal warning to an accused of his constitutional rights, prior to the taking of any statement, whether exculpatory or inculpatory, during interrogation occurring after an accused is taken into custody. One of those rights is, of course, the right to the presence of counsel, hired or appointed, before and during any police questioning. Referring to the necessary warning of the right to appointed counsel at this crucial stage of the accusatory process, the Supreme Court said:
Miranda (v. Arizona), 384 U.S. 436 at 473, 86 S.Ct. 1602 at 1627, 16 L.Ed.2d 694 at 723.
(The majority holds) that the warning given here was not an 'effective and express explanation;' to the contrary, it was equivocal and ambiguous. In one breath appellant was informed that he had the right to appointed counsel during questioning. In the next breath, he was told that counsel could not be provided until later. In other words, the statement that no lawyer can be provided at the moment and can only be obtained if and when the accused reaches court substantially restricts the absolute right to counsel previously stated; it conveys the contradictory alternative message that an indigent is first entitled to counsel upon an appearance in court at some unknown, future time. The entire warning is therefore, at best, misleading and confusing and, at worst, constitutes a subtle temptation to the unsophisticated, indigent accused to forego the right to counsel at this critical moment.
The practice of police interrogation of an accused, after informing him that counsel cannot be provided at the present time, is a practice anticipated and expressly prohibited by the Miranda decision Miranda, 384 U.S. 436 at 474, 86 S.Ct. 1602 at 1628, 16 L.Ed.2d 694 at 724.
The majority prefers the analysis of Wright v. North Carolina, 483 F.2d 405 (4th Cir. 1973), Cert. denied, 415 U.S. 936, 94 S.Ct. 1452, 39 L.Ed.2d 494 (1973), which is in large part based on the reasoning of United States v. Lacy, 446 F.2d 511 (5th Cir. 1971), and Massimo v. United States, 463 F.2d 1171 (2d Cir. 1972), Cert. denied, 409 U.S. 1117, 93 S.Ct. 920, 34 L.Ed.2d 700 (1973). (Wright, Lacy and Massimo also involved the same kind of warnings as in Williams and here.) In Lacy the Fifth Circuit found that the two requirements of Lathers v. United States, 396 F.2d 524 (5th Cir. 1968), had been met, namely, that a defendant must be informed that he has the right to the presence of attorney, and that the right is to have an attorney 'before he utter(s) a syllable,' and stated, '(T)hat the attorney was not to be appointed until later seems immaterial since Lacy was informed that he had the right to put off answering any questions until the time when he did have an appointed attorney.' 446 F.2d at 513. In Massimo the Second Circuit reasoned that since the defendant had been warned that he could have an attorney During questioning, '(t)he only conclusion (the defendant) would have been justified in reaching on the basis of the warning was that, since he was clearly entitled to have a lawyer present during questioning and since no lawyer could now be provided, he could not now be questioned.' 463 F.2d at 1174. I have several objections to these analyses.
First, they require defendants to possess a sophisticated knowledge of logic. As the Seventh Circuit illustrated in Williams, the warnings quoted are ambiguous and seemingly internally inconsistent. True, some defendants may possess the sophistication necessary to puzzle through the syllogism suggested in Massimo; but such defendants were not the object of the Supreme Court's attention in Miranda....
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