Ladd v. State

Decision Date02 September 1977
Docket NumberNo. 2475,2475
Citation568 P.2d 960
PartiesWesley LADD, Appellant, v. STATE of Alaska, Appellee.
CourtAlaska Supreme Court
OPINION

Before BOOCHEVER, C. J., and RABINOWITZ, CONNOR, ERWIN and BURKE, JJ.

CONNOR, Justice.

This is an appeal from a conviction upon a jury verdict for the crimes of kidnapping (AS 11.15.260) 1 and first degree murder (AS 11.15.010). 2

On March 14, 1974, appellant Wesley Ladd was indicted for the kidnapping and first degree murder of John F. Rich. 3 Thereafter, Ladd filed a motion to suppress all statements made by him from the time of his arrest under an unrelated federal indictment on December 15, 1973, through February 2, 1974. At the suppression hearing Ladd expanded his motion to include all statements he made to the police prior to his indictment on March 14. The motion was denied. Ladd was subsequently tried in Kodiak, Alaska, and convicted by a jury on both charges in the indictment. Ladd was sentenced to concurrent life terms to be served consecutively to a federal sentence he was then serving.

Ladd raises six issues on appeal:

(1) Whether the trial court erred in denying the motions to suppress;

(2) Whether the trial court erred in failing to submit to the jury the issue of the voluntariness of his statements;

(3) Whether the trial court erred in permitting the prosecution to introduce testimony from an earlier trial in which Ladd was acquitted;

(4) Whether the trial court erred in denying Ladd's motion for acquittal on Count II of the indictment, the kidnapping charge (5) Whether it was prejudicial error for the prosecutor to carry a concealed weapon on his person during the trial; and

(6) Whether the imposition of concurrent sentences for kidnapping and murder placed Ladd twice in jeopardy for the same offense.

I

Ladd argues that his statements were obtained in violation of his constitutional rights. He contends that he was not afforded his Miranda rights and that he was denied due process because his confessions were involuntary. The state asserts that Ladd waived his Miranda rights and that his confessions were voluntary.

Ladd's motion to suppress comprehended a total of eight statements made between December 15, 1973, and March 6, 1974. The statements to which the motion was primarily directed occurred on January 31 and February 1, 1974. After an extensive evidentiary hearing, Judge Kalamarides concluded that Ladd's statements were voluntary and that he had been afforded his Miranda rights. The motion to suppress was, therefore, denied. We will discuss the statements in chronological order.

Introduction.

On December 15, 1973, State Trooper Ronald Cole arrested Wesley Ladd in Cordova for violation of a federal firearms law. After the arrest at approximately 9:30 a. m., Ladd was taken to the Cordova Police Department located in the City Hall. Approximately five minutes after Ladd was arrested, Cole advised him of his rights to remain silent and to have counsel present. Cole then stated he wished to ask Ladd some questions about his contacts with John Rich and about a power of attorney that Rich had given Ladd. Ladd requested an attorney to represent him before answering any questions concerning Rich. Cole informed Ladd there were no attorneys in Cordova, but permitted him to call Larry Kulik in the Anchorage public defender's office. When Kulik returned his call, some twenty-five minutes later, he said he would not be able to represent Ladd because of a conflict of interest.

Ladd then told Cole he was unable to obtain an attorney and did not want to make a statement until he had conversed with one. At his suppression hearing Ladd said that Cole continued to question him despite this request. Cole testified that he advised Ladd that he did not have to answer any questions, but that there were some which Cole wished to ask him. To this Ladd responded he would "take the questions as they came and determine whether or not he wanted to answer them." Cole proceeded to question Ladd, but did not obtain any incriminating statements from him.

1. December 16, 1973, statement.

Following his arrest on the federal charge Ladd and his girlfriend Virginia Pinnick, who was already in custody in connection with the Rich murder, were flown to Anchorage. Ladd was placed in the Anchorage jail. On December 16, Inspector Vaden of the Alaska State Troopers, who was investigating the Rich murder, visited Ladd. He did not advise Ladd of his Miranda rights because he "didn't particularly want to talk to him about the Rich matter" but rather about several other murders and about threats against Ladd's life. At this point, the record becomes confusing. At one point, Inspector Vaden testified that Ladd said he would be glad to give him a complete statement about Rich's disappearance as soon as an attorney was appointed to represent him. At another point Vaden and Ladd himself testified that Ladd volunteered to take a polygraph test and then gave Inspector Vaden a list of questions and the answers that he would give about his involvement in the Rich case.

On December 19, 1973, Ernest Rehbock was appointed to represent Ladd on the federal charge against him. Rehbock refused to discuss the Rich murder with Ladd, but he did advise Ladd to remain silent and to request advice of counsel before answering any questions. Ladd did not have an attorney to represent him on the state charges at this point.

2. December 20, 1973, statement.

On December 20 Virginia Pinnick led the state troopers to the Sutton Mine area where Rich's body was buried. Late that evening Inspector Vaden went to the jail and told Ladd that the troopers had recovered Rich's body. He fully advised Ladd of his Miranda rights and obtained a written waiver of them. Ladd told Vaden that the attorney representing him on the federal charge, Mr. Rehbock, advised him not to speak to the police until he had counsel, but that he felt he should talk to Vaden anyway. Ladd admitted being involved in the Rich matter and then recounted one version of what had happened to Rich.

3. January 17, 1974, statement.

On January 17, Ladd was interviewed by Inspector Hoffbeck of the Alaska State Troopers. Hoffbeck advised Ladd of his constitutional rights and obtained a written waiver of them. Ladd then restated essentially what he had told Inspector Vaden.

4. January 31, and February 1, 1974, statements.

At this point it is necessary to discuss Ladd's confinement in the Anchorage jail from December 15, 1973, to January 31, 1974, because Ladd alleges he was coerced to confess. At the suppression hearing and at the trial Ladd introduced evidence on the circumstances of his imprisonment. He was confined in a small solitary cell in the maximum security unit of the Anchorage jail on December 15, 1973, apparently because of threats on his life. 4 He was not permitted to have visitors, appointments or phone calls unless the federal marshal specifically authorized them. He was permitted to see his fiancee but not during regular visiting hours.

At the suppression hearing in support of his claim that his confessions were coerced, Ladd introduced evidence of weight loss, nervousness, 5 insomnia and general agitation 6 resulting from his imprisonment. He also emphasized the importance of his relationship with his fiancee and the tranquilizing effect that visits with her produced. He contends that his confessions were a result of his concern for her well-being, Inspector Vaden's alleged promise not to prosecute her, and the stress produced by the deprivation of her company. 7

In order to rebut Ladd's allegation of coercion, the state offered in evidence a letter Ladd wrote to one of the correctional officers thanking him for the fine treatment he was receiving and requesting additional visits with Pinnick. The state also endeavored to demonstrate that Ladd exaggerated his affections for Pinnick. Evidence was introduced to show that despite his proclamations of love, he was also dating her mother, Caye Mason, and that he continued to volunteer information which implicated Pinnick deeply in the murder.

On January 30, 1974, Ladd was visited by two clergymen who testified that they found him visibly distraught, flushed in the face, intermittently crying, but basically coherent. Ladd asked them to send a message to Inspector Vaden telling him to come to the jail so he could warn him of a plot to poison his co-defendant Benny Ramey.

On January 31, Vaden came to the jail to visit Ladd. There is conflicting testimony concerning what happened during this visit. At the suppression hearing, Ladd testified that he discussed the plot to kill Ramey. He said that, given his state of mind, he was willing to talk to anyone about anything, and told Inspector Vaden that if he so desired, Ladd would make a statement. He testified that Inspector Vaden advised him of his Miranda rights, but then asked him to wait until the next day before making a statement.

At the trial Ladd changed his story. He testified that Vaden asked him whether he wanted to talk about the events surrounding Rich's disappearance. Ladd claimed that after he made several statements concerning the Rich murder, Inspector Vaden told him that he would be guilty as an accessory and showed him the relevant Alaska statutes. Ladd said he was also led to believe that Virginia Pinnick would not be prosecuted and that this was a prime consideration in his decision to agree to tape a statement concerning his involvement in the Rich murder.

According to Inspector Vaden, Ladd had told him he was bothered by Rich's death, he did not know if he had committed a crime and wanted to discuss the matter so the police could decide what, if any, crime he did commit. The only crime he could think of was involuntary...

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7 cases
  • Solem v. Stumes
    • United States
    • United States Supreme Court
    • February 29, 1984
    ...... On direct appeal, the State Supreme Court remanded for a determination whether Stumes' statements had been voluntary. The trial court found that they had; the conviction was ... Among cases upholding reinterrogation of a suspect who had asserted his right to counsel are Ladd v. State, 568 P.2d 960, 966, n. 8 (Alaska 1977), cert. denied, 435 U.S. 928, 98 S.Ct. 1498, 55 L.Ed.2d 524 (1978); State v. Greenawalt, 128 Ariz. ......
  • State v. Paradis
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    • United States State Supreme Court of Idaho
    • December 19, 1983
    ...Buatte v. United States, 350 F.2d 389 (9th Cir.1965), cert. denied. 385 U.S. 856, 87 S.Ct. 104, 17 L.Ed.2d 83 (1966); Ladd v. State, 568 P.2d 960 (Alaska 1977); People v. Vaughn, 71 Cal.2d 406, 78 Cal.Rptr. 186, 455 P.2d 122 (1969); People v. Douglas, 246 Cal.App.2d 594, 54 Cal.Rptr. 777 (1......
  • Com. v. Chacko
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    • April 27, 1983
    ...... inadmissible that statement and subsequent post-warning statements thereby tainted, and (2) that his intelligence level and psychological state made him incapable of effecting a valid waiver of his right to remain silent and right to counsel. Having examined the record we are satisfied that ...Squeri, 398 F.2d 785 (2d Cir.1968); United States v. Webb, 398 F.2d 553 (4th Cir.1968); Ladd v. State, 568 P.2d 960 (Alaska 1977), cert. denied, 435 U.S. 928, 98 S.Ct. 1498, 55 L.Ed.2d 524 (1978); Washington v. State, 287 Ala. 289, 251 So.2d ......
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    ...indicia of voluntariness to determine whether the officers' words were sufficient to overbear defendant's free will. See Ladd v. State, 568 P.2d 960 (Alaska, 1977). Questioning began immediately and lasted only one hour. The officers conducted themselves with civility and did not threaten d......
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