Hooks v. State, 3 Div. 282

• Decision Date: 10 March 1987
• Docket Number: 3 Div. 282
• Parties: Joseph Bryant HOOKS, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 329

534 So.2d 329

Joseph Bryant HOOKS, alias v. STATE.

3 Div. 282.

Court of Criminal Appeals of Alabama.

March 10, 1987.

On Return to Remand July 28, 1987.

Rehearing Denied Sept. 8, 1987.

Thomas M. Goggans of Goggans, McInnish, Bryant & Chambless, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and William D. Little, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Joseph Bryant Hooks was indicted for the capital offenses of intentional murder during the course of a robbery (in violation of § 13A-5-40(a)(2), Code of Alabama 1975) and the murder of two or more persons (in violation of § 13A-5-40(a)(10), Code of Alabama 1975 as amended.) The appellant entered pleas of not guilty and not guilty by reason of insanity. After hearing the evidence presented at the guilt phase of the trial, the jury found the appellant guilty of both capital offenses as charged in the indictment. Following the sentence phase of the trial, the jury recommended (by a seven-to-five vote) that the appellant receive a sentence of life imprisonment without parole. Upon the trial court's consideration of the aggravating and mitigating circumstances in this case, the court rejected the jury's recommendation and sentenced the appellant to death.

Prior to trial, a hearing was held on the appellant's motion to suppress. The following evidence was adduced at this hearing.

J.W. Barnes, a Montgomery Police Department officer, testified that he was involved in the investigation of the deaths of Donald and Hannelore Bergquist. Around 11:00 p.m. on Sunday, November 18, 1984, the police came to the appellant's name on a list of approximately twenty names of people who were to be interviewed in connection At this time, Sergeant R.T. Ward called the appellant at his home and asked him if he would come to police headquarters. Following this call, the appellant voluntarily came down to police headquarters, accompanied by his wife. When he arrived at the station around midnight, the appellant was not arrested or charged with any offense. At this time, he was not guarded or told that he was not free to leave.

with this case. The list included neighbors and employees of the Bergquists.

Barnes informed the appellant that he was investigating the shootings of the Bergquists and asked the appellant if he knew and had worked for the victims or had any knowledge concerning the case. The appellant denied any knowledge of the shootings and told Barnes that he was working at a construction site in Prattville with someone named Paul at the time of the shootings.

The appellant was then asked for fingerprints and a photograph. He agreed and, while these processes were being undertaken, a call was received by the police which contradicted the appellant's alibi. The appellant was then informed of the problems with his alibi and was advised of his constitutional rights. After signing a waiver of those rights, the appellant made a statement admitting some knowledge of the Bergquists' shootings. His statement was then videotaped and tape recorded, free of threats, promises, hopes of rewards or other inducements. The appellant's rights were included on the videotape.

Barnes testified that, following the discovery and translation of two letters found on the dashboard of the Bergquists' car, the investigation "singled out" (R. 13) and "centered on" (R. 15) this appellant. These letters had been written by Mrs. Bergquist and they mentioned a problem the victims were having with an individual who had been hired to do work in the kitchen of their house. The Bergquists had paid this individual for work that had not been completed. Barnes stated that a work order indicating the appellant was doing work for the victims in their kitchen was found in the victims' house. Barnes further stated that the letters written by Mrs. Bergquist also mentioned a former manager of the book store, which the Bergquists owned, who owed money to the victims and who had been fired by them.

Barnes testified that, although the appellant was a potential suspect when he came to the station on the night in question, he was not the prime suspect. At this point, the police were talking to other people and that everyone they talked with was a potential suspect and the appellant was treated the same as every other suspect. Barnes stated that the investigation had previously centered on others who had been cleared.

Barnes could not remember any mention of bond during his interview with the appellant. If the appellant had asked about bond, Barnes said that he would have told the appellant that he had nothing to do with the setting of bonds and that there was no bond in capital cases.

R.T. Ward testified that he called the appellant at 11:00 on the night in question and told him that the police were talking with anyone who knew or worked for the victims and asked him to come down to headquarters to talk to the police. When the appellant questioned coming to headquarters because of the lateness of the hour, Ward told him that the police preferred to go ahead and talk to him. The appellant then agreed to come to headquarters.

Ward testified that, when the call was made to the appellant, Officer Barnes was in the appellant's neighborhood to make sure the appellant did not attempt to leave town. The appellant, accompanied by his wife, arrived at headquarters around 11:45 p.m. At this time, the appellant was considered more of a suspect than anyone else due to the discovery of the letters written by the victim. Ward testified that, although the appellant was a suspect, the investigation had not centered on him. There were other people to whom the police had talked who were still considered as suspects, and a few people remained on the list to be interviewed.

R.C. Martin operated the video equipment during the taping of the appellant's statement which began at 1:50 a.m. on November 19, 1984. A tape recorder was also used, due to problems with the audio portion of the video equipment. Martin testified that the taping of the appellant's statement was stopped only once because the appellant asked to use the bathroom. The appellant's statement was then played.

Officer Barnes was recalled to the stand and testified that he filled out a consent to search form on November 28, 1984 for the residence of Joseph and Karen Hooks, which is located at 3373 Brookwood Drive in Montgomery, Alabama. The form was signed by Karen Hooks who gave Barnes a belt from the bedroom closet of the residence. The belt appeared to have blood on it and it was turned over to the Department of Forensic Sciences.

E.B. Spivey, an investigator with the Montgomery Police Department, went to Joseph and Karen Hooks' residence on November 19, 1984 with a consent to search form. The form was signed by Karen Hooks and authorized a search of the premises and the appellant's truck. Several paper towels with blood on them were found in a trash can beside the truck, which was parked in the front yard. Inside the truck, a prescription bottle with the label torn off was found. The bottle contained some tablets. These items were turned over to the Department of Forensic Sciences.

Karen Hooks, the appellant's ex-wife, testified that she was married to the appellant in November of 1984 and that she accompanied him to police headquarters on November 18, 1984. She stated she remembered Officer Barnes stating that he was going to talk to the district attorney about bond but she could not recall if this was mentioned that night at headquarters or the following Tuesday night.

David Hooks, the appellant's brother, went to visit the appellant at the jail on the Tuesday following his arrest. The appellant told him that there was a good chance he would be out on bond by Christmas. Barnes, in the presence of Hooks, the appellant and his wife, stated that, although he could not promise anything, he would talk to the district attorney.

The appellant testified that he received a call from the police on the night in question and that they had a composite they wanted him to look at. The appellant told Ward that his wife and son were already asleep. Ward replied that the police were trying to get things cleared up and insisted the appellant come to headquarters.

The appellant agreed. On the way to headquarters, the appellant noticed he was being followed in an unmarked police vehicle. When he arrived at headquarters, the appellant was shown a composite of a man and asked if he knew him. Barnes asked the appellant what kind of relationship he had with the victims and outlined the details of the shootings to the appellant.

Barnes questioned the appellant about an alibi and the appellant was fingerprinted and photographed. He was then informed his alibi had fallen through.

The appellant inquired as to what he would be charged with, and Barnes told him that he'd be charged with capital murder and attempted murder (at the time, Mrs. Bergquist had not died). Barnes stated to the appellant that he would talk to the district attorney concerning the possibility of making bond.

The appellant then made an oral statement and signed the rights form after his statement. The appellant testified that he made the statement because he was told he could make bond. He stated that he would not have made a statement without a promise of bond. After the appellant testified, the appellant's motions to suppress were denied.

The following evidence was then presented at trial. John Henry Roberts, an enforcement agent with the Alabama Alcoholic Beverage Control Board, stated that at approximately 12:00 noon on November 16, 1984, he was looking for minors consuming alcohol in a wooded area off McInnis Road near Woodley Road in Montgomery. As he approached some abandoned houses on a dirt road, he noticed a man lying on the Roberts waited for a patrol car out on McInnis Road and led them to the scene. Upon his return to the scene, Roberts noticed some women's shoes...