Com. v. Rochon

• Decision Date: 17 October 1990
• Citation: 398 Pa.Super. 494,581 A.2d 239
• Parties: COMMONWEALTH of Pennsylvania v. Lola ROCHON, Appellant.
• Court: Pennsylvania Superior Court

Page 239

581 A.2d 239

398 Pa.Super. 494

COMMONWEALTH of Pennsylvania v. Lola ROCHON, Appellant.

Superior Court of Pennsylvania.

Argued Sept. 10, 1990.

Decided Oct. 17, 1990.

David S. Rudenstein, Philadelphia, for appellant.

Hugh T. Burns, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before ROWLEY, McEWEN and CERCONE, JJ.

CERCONE, Judge:

This is a direct appeal from a judgment of sentence entered after a judge sitting without a jury found appellant guilty of aggravated assault, ¹ simple assault, ² recklessly endangering another person ³ and endangering the welfare of children. ⁴ For the reasons set forth below, we affirm.

The events underlying the instant appeal occurred on February 28, 1989. Appellant, Lola Rochon, was arrested because she beat her then seventeen-month old son, ⁵ immersed him in water sufficiently cold to cause hypothermia, and repeatedly held the child's head under water so that he could not breathe. Appellant's motion to suppress the statement she gave to the police at the time of her arrest was denied on August 7, 1989. She was subsequently found guilty at a bench trial of the offenses listed previously. After appellant's post-verdict motions were argued and denied, she was sentenced to serve a term of incarceration of between five and one-half (5 1/2) and twenty (20) years. The instant timely appeal followed in which appellant raises three questions ⁶ for our review:

1. Is [appellant] entitled to a new trial wherein her pre-trial motion to suppress a statement was denied, where there was evidence that at the time the statement was taken, [appellant] was three months pregnant; locked in a detention room and handcuffed for over an hour before a statement was taken; was not offered food, water or bathroom privileges and wherein the entire psychological and physical atmosphere of the interrogation would have broken the will of a reasonable person and did, in fact, break the will of the [appellant] in question.

2. Is [appellant] entitled to an arrest of judgment on the charges of aggravated assault and recklessly endangering another person wherein evidence at trial merely demonstrated that the [appellant] negligently placed her son in a bathtub full of water which served to greatly reduce his body temperature.

3. Is the [appellant] entitled to a new trial wherein the verdict was against the weight of the evidence on the charges of aggravated assault and recklessly endangering another person where, the evidence demonstrated that the [appellant] negligently placed her son in a bathtub full of water which served to greatly reduce his body temperature.

We shall consider these claims seriatim.

Appellant first argues that she is entitled to a new trial because her confession was improperly admitted into evidence. The gravamen of appellant's complaint is that the physical and psychological circumstances surrounding the statement she gave to the police in which she admitted "dunking" and beating her son rendered that statement involuntary. Our supreme court has ruled that "[t]he test for determining the voluntariness of a confession and the validity of the waiver of the right to remain silent is the totality of the attending circumstances." Commonwealth v. D'Amato, 514 Pa. 471, 481, 526 A.2d 300, 305 (1987). As the court explained, appropriate areas of appellate court consideration include such factors as the duration and methods of interrogation, the conditions of detention, the manifest attitude of the police toward the accused, the accused's physical and psychological state, and "all other conditions present which may serve to drain one's powers of resistance to suggestion and undermine his self-determination." Id., citing Commonwealth v. Crosby, 464 Pa. 337, 346 A.2d 768 (1975). Additionally, we note that the following scope of review applies where a suppression court has made a determination adverse to a criminal defendant:

When we review the ruling of a suppression court we must determine whether the factual findings are supported by the record. When it is a defendant who has appealed, we must consider only the evidence of the prosecution and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted. Assuming that there is support in the record, we are bound by the facts as are found [sic] and we may reverse the suppression court only if the legal conclusions drawn from those facts are in error.

Commonwealth v. D'Amato, 514 Pa. at 482, 526 A.2d at 305.

The prosecution evidence is that appellant was initially placed in a detention room at the Sex Crimes Unit headquarters of the Philadelphia Police Department at 12:45 p.m. N.T. 8/7/89 at 94. The interior of the room was in the full view of a police officer. Id. at 112. Appellant was seated on a bench in the detention room with one wrist handcuffed to a bar below the bench. Id. at 115. She was interviewed shortly after 2:00 p.m., and at the time of the interview appellant was not handcuffed. Id. at 81-82. The interviewing officer testified that appellant was never struck, that she was not threatened, and that no promises or inducements were offered in exchange for her statement. Id. at 85-88. The officer recalled no requests by appellant for water, food or bathroom privileges. Id. at 109-113. The officer also testified that these would have been provided if requested. ⁷ Id. After appellant executed a written waiver of rights and gave a signed statement, the interview concluded at 2:45 p.m. Id. at 87.

Appellant now contends that her will was "worn away" during her two-hour wait in the detention room. Although appellant's brief states that she was shackled, the Commonwealth's evidence does not support this claim. The testimony introduced by the Commonwealth indicates that appellant was handcuffed in the detention room, but that this was not the case during her interview. Id. at 82, 96. Further, the officer stated that leg shackles are used only on violent prisoners. Id. Appellant's contention that she informed the police that she was pregnant is belied by appellant's testimony that she spoke to no one after her arrest. Id. at 118. Additionally, the interviewing police officer could recall no such assertion. Id. at 88.

Although the above facts may indicate that appellant was not granted any marked degree of comfort while awaiting her interview, they do not support the conclusion that her statement was involuntarily made because of a coercive atmosphere. We cannot agree with appellant that a reasonable person's will would have been "worn away" during a less than two hour detention under such conditions. The record does not demonstrate that appellant failed to comprehend the questions she was asked when she signed the waiver form. ⁸ Appellant never indicated at that time that she was suffering from any physical impairment or required medical assistance; moreover she stated that she was not under the influence of alcohol or narcotic drugs. See Commonwealth v. Carter, 377 Pa.Super. 93, 546 A.2d 1173 (1988), allocatur denied, 523 Pa. 630, 564 A.2d 1259 (1989) (voluntariness of confession was supported by the evidence where, at the time defendant executed the waiver form, he understood police officers, did not indicate that he was having any problems with his physical condition or that any medical problem was bothering him, and he did not indicate that he was under the influence of any alcohol or drugs during the course of his interview).

In light of the information contained in the pre-sentence report, we find appellant's contention that she only gave her statement because of naivete regarding the investigative process to be disingenuous at best. The pre-sentence report discloses that appellant's adult criminal record includes eleven arrests prior to her detention in connection with the instant case. The suppression court was free to reject appellant's characterizations of her interview as incredible, and properly did so. See Commonwealth v. McFadden, 384 Pa.Super. 444, 559 A.2d 58 (1989), allocatur denied, 524 Pa. 595, 568 A.2d 1246 (1989) (wherein the suppression court rejected appellant's testimony of intimidation and physical violence, and found the voluntariness of appellant's confession was supported by the record, the confession was properly admitted). See also Commonwealth v. D'Amato, supra (confession given after fifty hours in custody was voluntary where defendant was advised of his Miranda rights prior to making statement and accused was not mistreated while in police custody).

The second issue raised by appellant is a challenge to the sufficiency of the evidence introduced at trial with regard to the charges of aggravated assault and recklessly endangering another person. ⁹ It is well settled that when sufficiency of the evidence claims are raised, "an appellate court must review the evidence presented and all reasonable inferences drawn therefrom in a light most favorable to the verdict winner and determine whether on the record there is a sufficient basis to support the challenged conviction." Commonwealth v. Madison, 501 Pa. 485, 490, 462 A.2d 228, 231 (1983) (citations omitted). The proper application of this test requires us to evaluate the entire trial record and all evidence actually received, in the aggregate and not as fragments isolated from the totality of the evidence. Commonwealth v. Harper, 485 Pa. 572, 576, 403 A.2d 536, 538 (1979). See also Commonwealth v. Griscavage, 512 Pa. 540, 517 A.2d 1256 (1986) (explicating appropriate application of standard of review set forth in Harper, supra ). This standard means that we must view the evidence in the light most favorable to the Commonwealth as the verdict winner, and drawing all proper inferences favorable to the Commonwealth, determine if the trier of fact could reasonably have concluded that all of the elements of the crime were established beyond a reasonable doubt. Commonwealth...