Lyle v. Wyrick
| Decision Date | 16 November 1977 |
| Docket Number | No. 76-1996,76-1996 |
| Citation | 565 F.2d 529 |
| Parties | Robert Eugene LYLE, Appellant, v. Donald WYRICK, Warden, Missouri State Penitentiary, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Ronald L. Hall, Asst. Federal Public Defender (argued), and David R. Freeman, Federal Public Defender, Kansas City, Mo., on brief, for appellant.
Neil E. MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., argued; John D. Ashcroft, Atty. Gen., and Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Mo., on brief, for appellee.
Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.
Robert Eugene Lyle appeals from the district court 1 order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.
The case arises out of the July, 1971 killing of one Joetha K. Lewis that took place in Jackson County, Missouri. Petitioner was charged with the killing, was tried in the Circuit Court of Jackson County without a jury, was found guilty of first degree murder and was sentenced to life imprisonment. His conviction was affirmed on direct appeal. State v. Lyle, 511 S.W.2d 817 (Mo.1974).
On June 18, 1975 petitioner filed the instant petition for a writ of habeas corpus, alleging that the trial court erred in overruling his motion to suppress his allegedly involuntary confession. The district court ordered an evidentiary hearing, but counsel subsequently agreed that the case could be submitted on the record of the state trial court and a stipulation by the parties as to the testimony of one other witness. The district court denied the petition and held that petitioner had failed to meet his burden of showing that the state court's finding of voluntariness was erroneous. Petitioner filed this timely appeal, based on the contention that the evidence does not support a finding that his confession was voluntary.
The central dispute in this case is whether members of the Jackson County Prosecutor's Office induced petitioner's confession by an unfulfilled promise that they would seek medical or psychiatric treatment for petitioner under the Missouri Criminal Sexual Psychopath Act, Mo.Rev.Stat. § 202.700, et seq., instead of bringing criminal charges against him.
We briefly summarize the evidence adduced at the trial court's hearing on the motion to suppress. Petitioner was taken into custody by Kansas City, Missouri police officers on the morning of July 12, 1971. He attempted to contact his attorney, Anthony Russo, a member of the Kansas Bar, but was initially unsuccessful. Police officers interrogated petitioner intermittently throughout the day. Petitioner testified that police officers talked to him about his being a sexual psychopath and indicated that they knew of his previous convictions for rape and public exhibitionism.
Petitioner further testified that police officers told him that they would get a lawyer for him if he would confess or give a statement.
Attorney Russo was subsequently contacted and brought to the police station on the evening of July 12, 1971. Prior to Russo's arrival, petitioner testified that he spoke to two members of the Prosecuting Attorney's Office, Charles Fraas and James Shockey. According to petitioner, Fraas and Shockey told him that there was strong evidence against him and that they could obtain psychiatric treatment for him. Petitioner further testified that he "was told I could sign a statement and that I wouldn't get the death penalty, that I would get some help * * * hospitalization." The procedure of the Missouri Criminal Sexual Psychopath Act was not explained to him, but he testified that Fraas told him he could get help if he showed he wanted it by signing a statement. Petitioner then conferred with Russo, who told petitioner that he should remain silent, but that if the prosecutors thought he could get some help, "that maybe it would be best." Shortly thereafter, petitioner confessed to killing Joetha Lewis.
Russo testified that he was not familiar with Missouri criminal law and that he took the case due to his having done previous legal work for petitioner. On the evening of July 12 he conferred with two members of the Prosecuting Attorney's Office (apparently Fraas and Shockey), who explained the Missouri Criminal Sexual Psychopath Act to him. Russo testified that it was his understanding that if petitioner gave a statement, the prosecutors would be willing to file a petition to have petitioner committed under the Act. According to Russo, he was told by the prosecutors that the filing of a commitment petition was discretionary, but apparently was not told that a petition could be withdrawn. He testified that it was his understanding that petitioner would not be tried for murder if a commitment petition were filed.
On cross-examination, Russo said that he told petitioner that no statement need be given to the police, and that petitioner apparently understood this right. While Russo was present, no threats against petitioner were made, nor did anyone represent to petitioner that he would not be criminally charged if he gave a statement.
The State called Detective Lester Shriver, a member of the team of officers who interrogated petitioner. He testified that neither he nor anyone in his presence threatened petitioner or offered him anything in return for a statement. Shriver further testified that neither he nor anyone in his presence had represented to petitioner that if petitioner confessed he would receive medical or psychiatric care or that criminal charges would not be filed.
Officer Thomas Theisen testified that petitioner had been given his Miranda rights and had signed a waiver of rights form. He testified that no coercion or force was used against petitioner and that neither he nor anyone in his presence promised petitioner that he would not be criminally charged if he confessed. On cross-examination, he testified that something was probably said to petitioner suggesting that petitioner should get "help" if he (petitioner) committed the offense, but that Theisen did not discuss the matter with Fraas.
Charles J. Fraas, who was chief warrant officer of the Jackson County Prosecuting Attorney's Office during the period in question, testified that he did not tell Russo that petitioner would not be criminally charged if he confessed, nor did anyone else to his knowledge make such a promise. Fraas further testified that he never discussed with Russo either petitioner's prior sexual offenses or the Missouri Criminal Sexual Psychopath Act. He also testified that he did not discuss the Act with anyone else and that the matter had not been raised. He was unable to explain why commitment petitions had subsequently been filed by members of his staff. 2
In the instant habeas action, the cause was submitted to the district court on the basis of the state transcript and one additional item of evidence. The parties stipulated that Ms. Adrienne Gottlieb was an employee of the Prosecuting Attorney's Office, that she filed a sexual psychopath...
To continue reading
Request your trial
-
Miller v. Fenton
...v. Smith, 582 F.2d 212, 217 (2d Cir.) (issue of fact), cert. denied, 439 U.S. 990, 99 S.Ct. 589, 58 L.Ed.2d 664 (1978); Lyle v. Wyrick, 565 F.2d 529, 532 (8th Cir.1977) (subsidiary issues of fact presumed to have been found in conformance with legal conclusion when basis for state decision ......
-
Brantley v. McKaskle, 82-1424
...F.2d 86 (6th Cir.1977), cert. denied sub nom. Jacek v. United States, 434 U.S. 1070, 98 S.Ct. 1253, 55 L.Ed.2d 773 (1978); Lyle v. Wyrick, 565 F.2d 529 (8th Cir.1977), cert. denied, 435 U.S. 954, 98 S.Ct. 1585, 55 L.Ed.2d 805 (1978); Hayward v. Johnson, 508 F.2d 322 (3d Cir.1975), cert. den......
-
Lyle v. State
...corpus in the Federal District Court where it was held the confession was voluntary. That decision was affirmed on appeal. Lyle v. Wyrick, 565 F.2d 529 (8th Cir. 1977). Lyle continues his attack on the voluntary nature of the confession by contending on this appeal that the confession was i......