Com. v. Smith

• Citation: 368 A.2d 272,470 Pa. 220
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. James Lloyd SMITH, Jr., Appellant.
• Decision Date: 28 January 1977
• Court: United States State Supreme Court of Pennsylvania

Page 272

368 A.2d 272

470 Pa. 220

COMMONWEALTH of Pennsylvania, Appellee, v. James Lloyd SMITH, Jr., Appellant.

Supreme Court of Pennsylvania.

Argued Jan. 18, 1974.

Decided Jan. 28, 1977.

[470 Pa. 221] Francis J. Moran, Philadelphia, for appellant.

Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., Maxine J. Stotland, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

EAGEN, Justice.

Following a jury trial, James Lloyd Smith, Jr. was convicted of murder of the first degree. Post-verdict motions were denied by the court En banc and judgment of sentence of life imprisonment was imposed. Smith appealed from the judgment of sentence, asserting seven assignments of error. We need only consider two since, for the reasons stated herein, we reverse the judgment of sentence and order a new trial. ¹

At trial, the Commonwealth introduced into evidence a number of incriminatory statements given to police by Smith. Smith asserts that the court's failure to suppress the statements was error because the statements were not the product of a rational intellect and free will, that is, they were involuntarily given.

It is well-established that on review from a finding of voluntariness, we must consider the Commonwealth's evidence and so much of the evidence presented by an accused as remains uncontradicted. Commonwealth v. Johnson, 467 Pa. 146, 354 A.2d 886 (1976); Commonwealth ex rel. Butler v. Rundle, 429 Pa. 141, 239 A.2d 426 (1968). So viewed, the evidence established the following:

In late June of 1971, Smith attempted suicide by cutting his wrist. This attempt did not require hospitalization. Thereafter, on July 1, 1971, Smith's wife, Vernita, found him unconscious. Smith was hospitalized at Women's Medical College Hospital in a comatose state which had resulted from an overdose of sleeping pills. Smith's stomach was pumped and he was also treated for a cut on his wrist which had resulted from the first attempted suicide. Smith remained in this hospital overnight but, on July 2, 1971, at 1:00 p.m., Smith discharged himself against the advice of the hospital personnel.

Thereafter, Vernita took Smith to her grandmother's residence where he remained for three to four hours during which time he evidenced nervousness although he slept for a brief period of fifteen minutes. On the advice of his wife, Smith then went to the emergency ward of the Philadelphia General Hospital, where he consulted a psychiatrist. On the advice of the psychiatrist, Smith reported to that hospital's out-patient mental health clinic where he and his wife apparently arranged for future treatments on an out-patient basis. Smith and his wife were then prepared to leave the hospital when the police arrived and arrested Smith for the murder of Jack Broadus on April 24, 1971. The arrest occurred at 1:10 a.m. on July 3, 1971.

Smith was transported to the Police Administration Building where he was placed in an interrogation room at 1:35 a.m. He remained in the room alone and handcuffed to a chair until approximately 2:50 a.m., at which time he was taken to the men's room. He was again placed in the interrogation room at 2:55 a.m. where he remained alone until 3:45 a.m. At that time, Smith was given coffee and a sandwich.

At 4:00 a.m., Officer LaRue warned Smith of his constitutional rights. Specifically, Smith was asked if he wished to remain silent and he responded negatively. But when he was asked:

'Are you willing to answer the questions of your own free will, without force or fear, and without any threats or promises having been made to you,'

Smith responded: 'I have nothing to say.' ² Smith was then left alone in the interview room until 9:10 a.m. During the intervening five hours, Smith was handcuffed to a chair. LaRue testified that he looked into the room at various times and observed Smith with his eyes closed. From these observations, LaRue opined that Smith was sleeping.

At 9:10 a.m., Officer Konczyk entered the room, advised Smith of his constitutional rights, and informed him that his brother-in-law, Clarence Hooks, had implicated him in the killing. Smith then implicated himself. Konczyk left the room at approximately 9:30 a.m.

Konczyk returned to the room at 9:55 a.m. and Smith recounted in detail the events and circumstances surrounding the killing. Konczyk left the room at 10:20 a.m. Each of these statements was testified to at trial by Konczyk.

Between 10:35 a.m. and 11:15 a.m., Smith visited with his wife. Between 11:15 a.m. and 1:30 p.m., with the exception of a short period when Smith was taken to the men's room, after Smith was again warned of his constitutional rights, he recounted the events and circumstances of the killing. The questions and answers were typed and each page was signed by Smith at approximately 1:15 p.m. This written statement was also introduced at trial.

Smith had a ninth grade education and could read and write. The police also testified that Smith acted depressed while in custody, that is, he continuously kept his eyes on the floor; but the testimony also stated he was alert and coherent when questioned.

Additionally, the police involved were aware of the fact that Smith had made attempts at suicide, that he had been hospitalized because of the attempts, and that he made arrangements for out-patient care. Indeed, the police after the incriminating statements were taken recommended Smith be sent to the prison hospital rather than to normal confinement areas. Finally, Smith was also aware of the fact that his wife was in custody, see infra, and was being questioned with regard to the killing of Broadus.

As we said in Commonwealth v. Alston, 456 Pa. 128, 133--34, 317 A.2d 241, 243 (1974):

'. . . the ultimate test for voluntariness is whether the confession is the product of an essentially free and unconstrained choice by its maker. 'If it is, if he has willed to confess, it may be used against him. If it is not, if his will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process. Rogers v. Richmond, 365 U.S. 534, 81 S.Ct. 735, 5 L.Ed.2d 760. The line of distinction is that at which governing self-direction is lost and compulsion, of whatever nature or however infused, propels or helps to propel the confession.' Culombe v. Connecticut, supra, 367 U.S. at 602, 81 S.Ct. at 1879 (1961); see also Commonwealth ex rel. Butler v. Rundle, supra, 429 Pa. at 149, 239 A.2d 430 (1968); Commonwealth v. Eiland, supra, 450 Pa. at 574, 301 A.2d at 654 (1973); Commonwealth v. Riggins, supra, 451 Pa. at 524, 304 A.2d at 476 (1973); Commonwealth v. Banks, 454 Pa. 401, 407, 311 A.2d 576, 579 (1973). An evaluation seeking to determine whether a confession is involuntary because of psychological coercion must consider those elements impinging upon a defendant's will such as: the duration, and the methods of interrogation; the conditions of detention, and the manifest attitude of the police toward the defendant, the defendant'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. See Culombe v. Connecticut, supra, 367 U.S. at 602, 81 S.Ct. at 1860; Commonwealth ex rel. Butler v. Rundle, supra, 429 Pa. at 151, 239 A.2d at 431; Commonwealth v. Eiland, supra, 450 Pa. at 574, 301 A.2d at 654; Commonwealth v. Riggins, supra, 451 Pa. at 525, 304 A.2d at 476; Commonwealth v. Banks, supra, 454 Pa. at 407, 311 A.2d at 579. As we have noted, when the question of voluntariness passes beyond the realm of physical coercion and into degrees of psychological coercion, most careful attention will be afforded to any facts, circumstances or events tending to overbear the will of the accused. Commonwealth ex rel. Butler v. Rundle, supra, 429 Pa. at 149, 239 A.2d at 430.'

Instantly, the conditions of detention included a minimum of eight hours of being handcuffed to a chair and isolated from other persons with the exception of limited encounters with police. Smith's physical and psychological state was obviously deteriorated as evidenced by his attempts at suicide, his recent discharge from the hospital, and the police recommendation that he be hospitalized following the detention for interrogation purposes.

Further, while the element of continuous interrogation is not present so that the length of time between arrest and the obtaining of the statements in itself is not sufficient to warrant reversing the court's determination of voluntariness, Commonwealth v. Johnson, supra, --- Pa. at ---, 354 A.2d at 890--91, the length of detention, some eight hours, must instantly be considered in connection with Smith's obviously impaired mental state. Moreover, five of the eight hours must be viewed as having occurred subsequent to Smith having expressed a desire to remain silent. ³ That Smith's will was impaired by his mental condition is further evidenced by the fact that even without prolonged detention he acted against his own best interests when he discharged himself from the hospital on July 2 against the advice of medical personnel.

Thus, considering the length of detention, the circumstance of isolation and being handcuffed to a chair, Smith's knowledge that his wife was in custody and being questioned, and very importantly, Smith's mental state as evidenced by his attempts at suicide and need for medical attention, we hold that evidentiary use of the statements should not have been permitted at trial because the Commonwealth failed to establish they were voluntarily given. Accordingly, a new trial is required.

But since a new trial is required, in the interest of advancing the efficient administration of justice, we shall consider one other assignment of error which will undoubtedly be...