Koger v. State, 1 Div. 463
| Decision Date | 01 November 1983 |
| Docket Number | 1 Div. 463 |
| Citation | 443 So.2d 1343 |
| Parties | Geraldine KOGER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Edward R. Tibbetts, Mobile, for appellant.
Charles A. Graddick, Atty. Gen. and Martha Gail Ingram, Asst. Atty. Gen., for appellee.
Appellant was convicted in the Mobile Circuit Court of murder and sentenced to life imprisonment. She appeals to this court.
The appellant gives three reasons why her conviction should be reversed. First, that the trial court committed reversible error by admitting into evidence her confession when the evidence showed that the confession was based on fear. Second, by admitting into evidence the confession when the evidence showed that the accused was confused and distraught. Third, in denying appellant's motion to exclude the evidence in that the State did not prove a prima facie case against the appellant.
The appellant filed a motion to have her confession suppressed. After a hearing on the motion, the trial court entered an order denying appellant's motion.
State's evidence on the motion to suppress tended to prove that Nicki Patterson, on November 18, 1981, was employed by the Mobile County District Attorney's office as an assistant district attorney. She had been assigned a case involving a Reuben Campbell, who was charged with the murder of Sherman Koger, a baby child of the appellant. On November 18, 1981, a preliminary hearing was held, after which Reuben Campbell was bound over to await action of the grand jury. Immediately after the preliminary hearing, Patterson went back to her office and was there confronted by the appellant, Geraldine Koger, and Reuben Campbell's attorney, Bob Sterling. Sergeant J.D. Fail of the Prichard Police also arrived about that time. The defendant told Patterson that she wanted to talk with her, and that she wished that Patterson had asked her more questions on the stand because she would have told Patterson what had happened. Mr. Sterling told Patterson that he did not know what was going on, but that Ms. Koger had come up to him after the hearing and said she wanted to talk to Patterson and Patterson assumed Ms. Koger was ready to tell the district attorney's office something about Reuben Campbell.
State's evidence further tended to prove that Patterson took the appellant back to her office and, at this point, the appellant told Patterson that the appellant had killed the baby. Patterson stopped her and got someone that could take shorthand. Patterson then explained to the appellant that the appellant had the right to remain silent, not to make any statement, not to incriminate herself in any way, that anything she said could be used against her, that she could have an attorney of her choice present, and if she was unable to hire an attorney, the State would furnish one without cost to her. Patterson also informed appellant that she had a right to have an attorney present during the time she was being questioned, that she could stop the questioning at any time, that Bob Sterling was not her attorney, that no one present then had a right to promise or threaten her in any way, and asked if she understood these rights. Appellant stated that she understood all of her rights, and that she came there of her own free will, nobody forced her. She then indicated that she did not want a lawyer. Patterson further testified that the appellant did not appear to be under the influence of alcohol, or any other narcotic substance, that the appellant responded to the questions asked and that sometimes during the taking of the statements the appellant would cry. Patterson asked the appellant if she wished to make a statement, and she said she did. At no point did the appellant indicate that she wanted an attorney or desired to stop giving her statement. Patterson asked the appellant if anyone had promised her anything, threatened her, or done anything in any way to induce her to make a statement. Appellant stated she had not been promised anything, no threats had been made to her, and the statements were freely and voluntarily made. On cross-examination, Patterson's testimony tended to prove that the appellant was coherent, she did not contradict herself at any time during the giving of the statement, and that she was making the statement freely and voluntarily.
The evidence further tended to prove by Bob Sterling's testimony, in substance, that he represented Reuben Campbell at a preliminary hearing on November 18, 1981. At the conclusion of the hearing, the appellant came up to him in the hall and stated that it looked like Reuben Campbell was going to jail unless somebody else confessed and asked if that was right. Mr. Sterling said to her that was the way it looked. Sterling further testified that about two weeks before the 18th, he told the appellant that if Reuben Campbell was not convicted, then the police would be looking for someone else, and that the three most likely subjects would be either her, her mother, or her sister. Appellant asked him if he meant that her mother could be arrested or go to jail, and he told her that he guessed anybody could. He never discussed the matter with the appellant again.
Geraldine Koger testified, in substance, as follows: That Sherman Koger, the deceased, was her son and his father was Reuben Campbell; that after the preliminary hearing, Mr. Sterling told her twelve people would never find Reuben Campbell guilty, and that someone else would be arrested; that that person would be the last person with the baby. She testified that Sterling told her her mother would be the one arrested, and the only way to stop her mother from going to jail was for someone to come forward and confess. He then took her to the district attorney's office. She testified that the statement was absolutely false, but that it was voluntarily made to keep her mother out of jail. She stated that Mr. Sterling was lying at the hearing when he stated that he did not tell her anything about her mother going to jail. She stated that everything Patterson had testified to about the confession was true, but the confession was not.
On cross-examination, appellant testified that Patterson did not offer her any reward, nor tell her she had to make a statement, threaten her in any way, or tell her something bad would happen to her; that the statement was voluntary, and that she was not offered any reward. In the statement, the appellant admitted that she had thrown the baby across the room, and its head had struck a board nailed across the window over a couch. She also testified that the people present at the solicitor's office were Nicki Patterson, assistant district attorney, Bob Sterling, who now represents Reuben Campbell, Fail of the Prichard Police, and Lee Ann Anderson, stenographer from the district attorney's office, and that none of them had made any promises or threats in any way to her.
We will consider together appellant's contentions: (1) that the court erred to her prejudice by admitting into evidence the confession of the appellant when the evidence showed that the confession was based on fear, and (2) that the evidence shows that the...
To continue reading
Request your trial
-
Griffin v. State, 2 Div. 491
...need only be convinced from a preponderance of the evidence that the confession was knowingly and voluntarily made." Koger v. State, 443 So.2d 1343, 1346 (Ala.Cr.App.1983); Ex parte Singleton, 465 So.2d 443, 445 (Ala.1985); Lego v. Twomey, 404 U.S. 477, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972). ......
-
Henry v. State
...trial court should submit it to the jury, and in such a case, this Court will not disturb the trial court's decision. Koger v. State, 443 So.2d 1343 (Ala.Cr.App.1983). See also Temporary Rule 12.1(a), (b), and 12.2(a)--(c), Alabama Rules of Criminal The State in this case proved more than t......
-
LaFontaine v. State, CR-93-1557
...trial court should submit it to the jury, and, in such a case, this court will not disturb the trial court's decision. Koger v. State, 443 So.2d 1343 (Ala.Cr.App.1983); Johnson v. State, 378 So.2d 1173 (Ala.Cr.App.), writ quashed, 378 So.2d 1164 (Ala.1979); A.R.Crim.P.Temp. 12.1(a), (b), an......
-
Andrews v. State, 7 Div. 294
...trial court should submit it to the jury, and, in such a case, this court will not disturb the trial court's decision. Koger v. State, 443 So.2d 1343 (Ala.Crim.App.1983), Sullivan v. State, 441 So.2d 130 (Ala.Crim.App.1983); Bozeman v. State, 401 So.2d 167 (Ala.Crim.App.), cert. denied, 401......