IN RE D.H.
| Citation | 666 A.2d 462 |
| Decision Date | 29 September 1995 |
| Docket Number | No. 91-FS-1073,91-FS-1073 |
| Parties | In re D.H., Appellant. |
| Court | D.C. Court of Appeals |
Stephanie Harrison, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.
Rosalyn Calbert Groce, Assistant Corporation Counsel, with whom John Payton, Corporation Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for appellee.
Before WAGNER, Chief Judge, and FERREN and TERRY, Associate Judges. *.
Judge WAGNER was an Associate Judge at the time of argument. Her status changed to Chief Judge on June 14, 1994.
This is an appeal by a juvenile, D.H., from an adjudication of delinquency upon a finding of guilt of second-degree murder while armed with a dangerous weapon (D.C.Code §§ 22-2403, -3202) (1989 Repl. & 1993 Supp.), carrying an unlicensed pistol (D.C.Code § 22-3204) (1989 Repl. & 1993 Supp.), and possession of a firearm and ammunition without a valid registration certificate (D.C.Code § 6-2311) (1995 Repl.). D.H.'s principal argument on appeal is that the trial court erred in denying his motion to dismiss because the twenty-one month interval between the date of the homicide and the trial violated his due process right to a speedy trial in that the delay prejudiced his ability to present an adequate defense and deprived him of the benefit of rehabilitation in the juvenile system. D.H. also argues that the trial court erred in denying his motion to suppress a confession obtained by the police while he was in custody and outside of the presence of his parent or legal counsel in violation of Super.Ct.Juv.R. 105(f.). We hold that a juvenile has a due process right to a fair trial, including a speedy one, consistent with the statutory purpose of the juvenile code, but consonant with the goals of protection of the child and the community. However, on the particular facts of this case, we find no violation of D.H.'s rights which warrants reversal. Concluding that Super.Ct.Juv.R. 105(f) is inapplicable under the circumstances presented, we hold that the trial court did not err in denying the motion to suppress statements. Therefore, we affirm.
On February 25, 1989, appellant, D.H., was attempting to sell phencyclidine (PCP) to Judith Krunklin in the 2500 block of Sheridan Road, S.E. Ms. Krunklin refused to purchase the drugs after tasting them. According to the trial court's findings, Ms.Krunklin and the two people with her were regular purchasers. D.H., who was carrying a .25 caliber handgun, argued and struggled with Ms. Krunklin in an intimidating way in an attempt to force her to buy the drugs. D.H. then shot Ms. Krunklin in the back, and she died as a result of her wounds.
On October 27, 1989, Detective Michael Sullivan, who was assigned to investigate the murder, obtained an adult arrest warrant for D.H. There was an inaccuracy in the records of the Metropolitan Police Department (MPD) which listed D.H.'s birth year as 1972 instead of 1973, thus making it appear that he was sixteen years old at the time of the murder. At the time Detective Sullivan obtained the warrant, D.H. had one delinquency case pending in the Family Division of Superior Court, and he was committed to the Department of Human Services (DHS) in another. D.H. was arrested again as a juvenile on November 11, 1989, in an unrelated matter. In the latter case, the trial court ordered that D.H. be detained at the Children's Center, a detention facility for children.
On November 20, 1989, Detective Sullivan arranged for D.H. to be brought from the Children's Center to the Criminal Division of Superior Court, where he was presented on a felony complaint charging second-degree murder while armed with a dangerous weapon, in violation of D.C.Code §§ 22-2403, -3202. A Superior Court hearing commissioner set a $10,000 bond for D.H., which he was unable to post.1 Therefore, D.H. was sent to the District of Columbia Jail. On December 4, 1989, the court held a preliminary hearing and found probable cause to bind D.H. over for grand jury proceedings.2 Two days later, D.H.'s two pending juvenile cases were scheduled for trial. However, at the request of D.H.'s counsel, the cases were continued for a status hearing on January 19, 1990 "to see what happens in the homicide case . . . [because] it may resolve every-thing. . . ." At the status hearing in January, the cases were again continued because the homicide charges were still pending.
On February 12, 1990, nearly three months after being placed in the D.C. Jail, D.H. was transferred from the Criminal Division to the Family Division of the court when it was discovered that D.H. was only fifteen years of age at the time of the homicide. At the initial hearing in the Family Division that same day, an Assistant Corporation Counsel for the District of Columbia (ACC) requested a "five day hold" on filing a petition charging D.H. because the Corporation Counsel's Office had received the case from the United States Attorney's Office just one to two days earlier and required time to investigate.3 The ACC specifically stated that the reason for the request was
The trial court denied the request, concluding that the government had already had sufficient time to make a decision. Therefore, the court passed the case for half an hour to allow the ACC time to prepare a petition. When the case was recalled, the ACC represented that the government would not file a petition at that time and requested the court to hold D.H. "on the two cases that he's detained in." The trial court stated, The trial court entered an order detaining D.H. at the Children's Center in the two unrelated juvenile cases.4
On February 15, 1991, six months after D.H. was released from the custody of DHS, Detective Sullivan filed an affidavit in support of a custody order for D.H.'s arrest based on the February 1989 homicide.5 The custody order was virtually identical to the arrest warrant obtained in October, 1989. On February 28, 1991, D.H. was arrested for possession with intent to distribute a controlled substance (cocaine) (PWID). At that time, the government also petitioned the second-degree murder while armed charge and the related weapons offenses.
On April 20 through 22, 1991, a hearing was held on D.H.'s motion to suppress statements on the ground that they were obtained in violation of Super.Ct.Juv.R. 105(f).6 At the hearing, Detective Sullivan testified that he developed probable cause to believe that D.H. committed the murder and submitted an affidavit in support of an arrest warrant. He testified that he obtained D.H.'s date of birth and PDID number from the Identification and Records Division of the MPD. The official record card listed D.H.'s date of birth as September 3, 1972, and based on that record card, Detective Sullivan calculated D.H.'s age as sixteen years old at the time of the homicide. Therefore, he believed D.H. to be chargeable as an adult under D.C.Code § 16-2301(3)(A) (1989).
Detective Sullivan obtained the warrant from a judge of the Superior Court on October 27, 1989, based on an affidavit which was reviewed preliminarily by an Assistant United States Attorney. Shortly thereafter, Detective Sullivan learned that D.H. was at the Children's Center under a commitment in an earlier case, and he arranged for D.H. to be brought to court by the transportation service for the Children's Center on November 20, 1989. Detective Sullivan picked D.H. up at the courthouse on the felony warrant and took him to the Homicide Division. Mr. Randolph Baker, the Assistant Superintendent at the Cedar Knoll Youth Center, testified that the Center was required to comply with a court-issued arrest warrant for a juvenile. He also testified that it was the Center's usual practice to send the juvenile to Superior Court when a warrant for his arrest was pending.
In an interview room of the Homicide Branch of the MPD, Detective Sullivan informed D.H. that he was under arrest for the murder of Ms. Krunklin and advised him of his Miranda rights.7 D.H. indicated in writing on a PD-47 rights card that he understood his rights and was willing to answer questions without consulting a lawyer or having a lawyer present.8 Before interviewing D.H., Detective Sullivan did not ask permission of D.H.'s parents or his counsel in the unrelated juvenile cases. D.H. agreed to answer all questions and to give a statement on videotape. During, the videotaped interview, D.H. was shown the rights card that he had signed previously and acknowledged his understanding of his rights and his willingness to answer questions without a lawyer being present. D.H. then confessed that he shot Ms. Krunklin, but he stated that he did not mean to kill her. The motions judge issued a written order denying the motion to suppress.9
D.H. filed a motion to dismiss pursuant to Super.Ct.Juv.R. 48(b) on the grounds that the government unnecessarily delayed petitioning the case from February, 1990 until February 28, 1991. D.H. argued that his defense was impaired as a result of the delay because a building and a gas station across from the crime scene had since closed down, and therefore, he was unable to locate possible witnesses who might have been around on the night of the crime.
At the hearing, the ACC admitted that the case had been inactive for a year, that no investigation was conducted...
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