Hodge v. State

• Decision Date: 12 January 2023
• Docket Number: 22A-CR-1210
• Parties: Jamilia Shenese Hodge, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

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Jamilia Shenese Hodge, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.

No. 22A-CR-1210

Court of Appeals of Indiana

January 12, 2023

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as binding precedent, but it may be cited for persuasive value or to establish res judicata, collateral estoppel, or law of the case.

Appeal from the Lake Superior Court The Honorable Salvador Vasquez Judge Trial Court Cause No. 45G01-1705-MR-5

Attorney for Appellant

Kristin A. Mulholland

Appellate Public Defender

Crown Point, Indiana

Attorneys for Appellee

Theodore E. Rokita

Attorney General of Indiana

George P. Sherman

Supervising Deputy Attorney General

Indianapolis, Indiana

MEMORANDUM DECISION

Brown, Judge.

[¶1] Jamilia Shenese Hodge appeals her conviction for murder and argues the trial court erred in admitting her statements made during a police interrogation. We affirm.

Facts and Procedural History

[¶2] On the morning of May 4, 2017, 911 received a phone call and dispatched an officer for a death investigation. When Gary Police Patrolman Phillip Cook arrived and observed Hodge, she was "calm, cool, and collected." Transcript Volume IV at 120. He found E., a twenty-month-old infant, dead in her crib, and he noted unusual signs based on E.'s condition and determined the death was not natural. The Lake County coroner determined E.'s cause of death to be asphyxia due to suffocation complicated with blunt force trauma to the head. After speaking with Hodge, she, her boyfriend, Fred Grant, and Grant's brother, Brian Boyd were transported to the police station and provided separate statements. On May 4, 2017, detectives placed Hodge in an interview room from approximately 4:00 p.m. until 10:30 p.m. and questioned her. At the beginning of the interview, Detective Jeremy Ogden of the City of Gary Police Department asked Hodge if she could read and write and gave her a document, titled "STATEMENT OF CONSTITUTIONAL RIGHTS AND WAIVER," which included an advisement of rights and a section titled "Waiver," stating "I understand what my rights are, and I am willing to answer questions." Exhibits Volume I at 91. After instructing Hodge to read the first two lines aloud, Hodge began reading, and Detective Ogden stated that she could read the rest silently. Once she stopped reading the document, Detective Ogden stated: "So I am Detective Sergeant Jeremy Ogden and that is Detective Ed Gonzalez, uh, and we're both with Lake County Metro, and uh, that's you. It's 3:59 [p.m.] on [May 4, 2017] is when this has occurred. I'll need your signature there if you understand your rights and are willing to talk to me." State's Exhibit 51A at 00:13:21-00:13:43. Hodge signed the document. Throughout the May 4^th interview, Hodge retained her purse, she was left alone to sign paperwork approximately twenty minutes into the interview, and she received multiple breaks and received water and food.

[¶3] On May 5^th, detectives brought Hodge back in for a second interview at which Detective Ogden began filling out another form advising Hodge of her rights, and he stated:

All right, so, this is gonna be where you'll sign, and it's [May 5, 2017]. And I already know that you can read because you read for me out loud last night, and it's the same form that we did last night. You can go ahead and read it again though if you like and then you'll sign there.

State's Exhibit 51B at 00:03:54. Hodge read and signed the document after clarifying that she should write her age and date of birth, and Detective Ogden filled in her address on the form. Throughout the second interview, Hodge received multiple breaks and received food.

[¶4] At some point on May 5^th, Detective Gonzalez began exhorting Hodge to tell him what happened, tell the truth to correct the wrong done to E., that she would set an example for her daughter, and her daughter deserved to know the truth. Hodge whispered, "I don't have nothing to say." Id. at 03:47:41-43. Detective Gonzalez replied: "You're wrong. You do have something to say. Because I keep asking you 'let's correct this wrong,' and you keep acknowledging it. And you keep agreeing and saying, 'yes.'" Id. at 03:47:45-54. Hodge responded: "And I didn't acknowledged it [sic], but ya'll keep telling me it's not the truth, so I don't know what else to do." Id. at 03:47:54. A little after the fourth hour and a break which had occurred approximately thirty minutes prior, the following exchange occurred:

Detective Gonzalez: What did you put over her face then? Your hand? Yes, look at me. Your hand? Jamilia, your hand?

Detective Ogden (interjecting): Talk to us Jamilia, we're human.

Detective Gonzalez: Yes? (unintelligible)

Id. at 4:08:24-4:08:45. Their exchange continued:

Detective Gonzalez: Was it your hand?

Detective Ogden: Yes.

Detective Gonzalez: Was it your hand?

Hodge: Oh my god. (crying) Oh. Oh.

Detective Gonzalez: It was your hand? Look at me please. Was it your hand that you put over her mouth. Yes. Yes.

Hodge: Yes.

Detective Gonzalez: Thank you. Now tell me, tell me the rest. Tell me the rest.

Hodge: That was just it.

Detective Gonzalez: Okay.

Hodge: I don't know the rest.

Detective Gonzalez: Where was it at? Look at me. Where was it at? Was it in your bedroom? Was it in the crib? Was it in the crib? Yes? Look at me. Was it in the crib? I need you to say it. I need to hear you.

Hodge: Yes.

Detective Gonzalez: Was it in the crib? And then was it the night before last? Was it the night? Correct? Okay.

Hodge: Yes.

Detective Gonzalez: Thank you. How long? Okay, we're doing good. How long did you keep your hand on her?

Hodge: I don't know.

Detective Gonzalez: Okay. Was it one hand or both hands? Be honest with me.

Hodge: One.

Detective Gonzalez: Could it have been two? Maybe? Look at me. Could it have been two hands?

Hodge: Maybe.

Detective Gonzalez: So maybe two hands? Which hand did you put on her face?

Hodge: The right one.

Detective Gonzalez: Your right hand? What did you do with your left hand? Did you put it on her chest? Did you lean over in the crib? Jamilia. What did you do with your left hand? It's okay. It's okay. What did you do with your left hand?

Hodge: Put it on her chest.

Detective Gonzalez: Okay. Did you push down?

Hodge: A little.

Detective Gonzalez: A little. With both hands?

Hodge: Yes.

Detective Gonzalez: Okay. Look at me. You're doing good. How long did you hold it there for? Be honest with me, please. Be honest with us.

Hodge: I don't, I don't know.

Detective Gonzalez: What was she doing when you did that? Look at me. What was she doing? She was crying? Jamilia. What was she doing?

Hodge: Crying.

Detective Gonzalez: She was struggling? Jamilia. What else was she doing? What were, where were her arms? Look at me. Where were her arms?

Hodge: I don't know.

Detective Gonzalez: You don't remember. Were her feet, was she trying to kick her feet? Was she moving her feet?

Hodge: A little.

Detective Gonzalez: A little? And how long after you pushing, you puttin' pressure down on her, how long after that did her feet stop moving?

Hodge: I don't know.

Detective Gonzalez: Could it have been five seconds, ten seconds, twenty seconds?

Hodge: Maybe five or ten seconds.

Detective Gonzalez: Maybe five or ten seconds after you put pressure down she stopped moving? So what did you do next? What did you do next?

Hodge: I don't know.

Detective Gonzalez: You don't know? Where were the other kids in the room?

Hodge: In their beds.

Detective Gonzalez: Did they see it?

Hodge: No.

Id. at 4:08:24-4:15:26. Detective Gonzalez next requested that Hodge demonstrate "how [she] put [her] hands over [E.'s] face." Id. at 4:15:33. Hodge become unresponsive to Detective Gonzalez's questions, such as "[d]id you realize what you had done at that point," "[w]hen did it set in," and "when did you realize that she stopped breathing?" Id. at 4:16:20-40. Hodge then stated that none of her confession had been true, and she had "just told what ya'll wanted me to say." Id. at 4:17:04. Detective Gonzalez later asked for how long she thought about calling 911, and Hodge responded, "[a] few minutes." Id. at 4:36:50-55. Hodge once again became silent for the next questions, but ultimately began responding to questions including the direction in which E.'s head was facing that morning and whether E. had been on her stomach. The following exchange occurred:

Detective Gonzalez: Was she on her back when you did this?

Hodge: Yeah.

Detective Gonzalez: How did she get back on her belly? Did you roll her over?

Hodge: Yeah.

* * * * *

Detective Gonzalez: You rolled her over because you knew she was gone?

Hodge: Yes.

Detective Gonzalez: And you were hoping that it would just be like she had been on her belly and passed away.

Hodge: Yes.

* * * * *

Detective Gonzalez: You were frustrated?

Hodge: Yes.

Detective Gonzalez: So what are you saying to yourself?

Hodge: Just wanted her to be quiet.

* * * * *

Detective Gonzalez: How much pressure do you think you put down on her?

Hodge: Not a lot.

Detective Ogden: Show me. Show me on my hand, okay? On my hand. With one hand you did it? Hmm? Just with one hand or with both?

Hodge: One?

Detective Ogden: You tell us.

* * * * *

Detective Ogden: Which way? Was it just one hand or was it with both? (Hodge places her other hand on Detective Ogden's). It was with both. It was with both. It's okay, it doesn't change anything. It doesn't change anything. Okay. Were you angry? Were you tired?

* * * * *

Detective Ogden: Did you tell anyone what happened?

Hodge: No.

* * * * *

Detective Ogden: When you woke up first thing in the morning did you feel bad?

Hodge: Yes.

* * * * *

Detective Ogden: What did you think when you went and looked at her?

...