Meddings v. State

• Decision Date: 14 June 2018
• Docket Number: A18A0422
• Citation: Meddings v. State, 346 Ga.App. 294, 816 S.E.2d 140 (Ga. App. 2018)
• Parties: MEDDINGS v. The STATE.
• Court: Georgia Court of Appeals

346 Ga.App. 294

816 S.E.2d 140

MEDDINGS

v.The STATE.

A18A0422

Court of Appeals of Georgia.

June 14, 2018

Ronald Edward Daniels, Warner Robins, for Appellant.

George Herbert Hartwig III, Alicia Deck Gassett, for Appellee.

MCFADDEN, P.J., RAY and RICKMAN, JJ.

Ray, Judge.

Following a jury trial, Richard Carlton Meddings, II, was convicted on four counts of child molestation and two counts of aggravated child molestation. He appeals from his convictions and the trial court’s denial of his motion for new trial, contending that the trial court erred when it denied his motion to suppress his confessions. He also contends that the evidence was insufficient to support his convictions, that he had ineffective assistance of counsel, and that he was denied his rights to due process based on post-trial delay. For the reasons that follow, we affirm.

On appeal from his criminal conviction, Meddings is no longer presumed innocent and all of the evidence is viewed in the light most favorable to the jury’s verdict. Lipscomb v. State , 315 Ga. App. 437, 439, 727 S.E.2d 221 (2012).

The evidence adduced at trial shows that in 2007, the 14-year-old victim, A. T., and other family members lived with Meddings in Houston County. Meddings was married to A. T.’s half-sister. A. T. testified at trial that, during this time, Meddings molested her on several occasions by touching her vaginal area with his hands, mouth, and penis, by touching her buttocks with his penis, and by having her place her hand and mouth on his penis. Although A. T. was initially afraid to tell anyone about the sexual abuse, she eventually made an outcry to her mother.

Following her outcry, a forensic interview of A. T. was conducted at the Rainbow House, a child advocacy center, wherein A. T. described Meddings’ acts of sexual abuse. Later, a child abuse investigator with the Houston County Department of Family and Children Services and Corporal Hilton, a juvenile investigator with the Houston County Sheriff’s Department, went to A. T.’s school to interview her. During this follow-up interview, A. T. described Meddings’ acts of sexual abuse in great detail.

Following A. T.’s disclosure, A. T.’s half-sister became angry at A. T. and accused her of lying about the sexual abuse. Under pressure from her sister and other family members, A. T. was coerced into writing a letter recanting her allegations. At trial, however, A. T. confirmed that Meddings had indeed molested her and that her testimony about the acts of sexual abuse was the truth.

The evidence at trial further showed that on May 10, 2007, Meddings was interviewed twice by Corporal Hilton. In the first interview, which was video-recorded, Meddings denied any wrongdoing and agreed to go take a polygraph test. When he met with the polygraph examiner later that morning, however, Meddings confessed to his crimes during the pre-test interview. After admitting his guilt to the polygraph examiner, Meddings wrote out a statement summarizing his confession. The polygraph examiner then made a telephone call to Corporal Hill and faxed Meddings’ written confession to her.

After leaving the polygraph examiner’s office, Meddings met with Corporal Hilton again that same day for a second video-recorded interview, wherein he confirmed his written confession. Although Corporal Hilton was now aware of Meddings’ confession, she did not place Meddings under arrest at that time. Rather, she allowed Meddings to leave to get his affairs in order before his arrest.

On May 15, 2007, Meddings turned himself in to Corporal Hilton to be placed under arrest. After being advised of his Miranda rights, Meddings participated in a third video-recorded interview, wherein he gave Corporal Hilton a more detailed confession regarding his crimes.

Meddings’ oral and written confessions to the polygraph examiner and the video recordings of Meddings’ oral confessions to Corporal Hilton were admitted into evidence at trial over Meddings’ objection. After considering all of the evidence, including the testimony of the child-victim and the evidence of Meddings’ confessions, the jury found Meddings guilty of all charges in the indictment. This appeal ensued.

1. Meddings first contends that the trial court erred in denying his motion to suppress his confessions. Specifically, he argues that his confessions were involuntary and inadmissible because they were induced by an improper promise of benefit. We disagree.

To render a confession admissible under Georgia law, "it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury." See former OCGA § 24-3-50.¹ The statutory reference to "the slightest hope of benefit" refers to promises related to reduced criminal punishment such as "a shorter sentence, lesser charges, or no charges at all." (Citation and punctuation omitted.) Finley v. State , 298 Ga. 451, 454 (3), 782 S.E.2d 651 (2016). In determining whether an in-custody statement was made freely and voluntarily, a trial court must consider the "totality of the circumstances" and apply a "preponderance of the evidence" standard. (Citation omitted.) Philpot v. State , 300 Ga. 154, 158 (3), 794 S.E.2d 140 (2016). Further, "[b]ecause admissibility of such a statement presents a mixed question of fact and law, on appeal, we accept the trial court’s findings on disputed facts and credibility of witnesses unless clearly erroneous and independently apply the legal principles to the facts." (Citation and punctuation omitted.) Id.

At the hearing on the motion to suppress, Corporal Hilton testified that, on the morning of Meddings’ scheduled polygraph examination, she did not pressure, threaten, or promise anything to Meddings, nor did she give him any kind of inducement to persuade him to talk to the polygraph examiner. Our review of the video-recording of this particular interview indicates that Corporal Hilton informed Meddings that "today is the only day that I can help you." However, to put her statement into context, we note that Corporal Hilton further explained to Meddings that she is part of a multi-disciplinary team which includes investigators, the district attorney, psychologists, child advocates, and others, and that the multi-disciplinary team meets monthly to discuss pending cases involving abused children. She also explained to Meddings that the district attorney may ask her for a recommendation at one of these meetings, and she informed Meddings that if he was open and honest with her, she could inform the district attorney of his cooperation and that she might not recommend the maximum punishment. Although Corporal Hilton indicated to Meddings that his cooperation could result in probation as a possible outcome, she further clarified that "I can’t really say as far as this case [is concerned]," but that they do ask team members for recommendations.

Under the totality of the circumstances, we conclude that Corporal Hilton’s statements did not amount to the type of "hope of benefit" that would render his subsequent confessions involuntary. "Merely telling a defendant that his or her cooperation will be made known to the prosecution does not constitute the hope of benefit sufficient to render a statement inadmissible[.]" (Citations and punctuation omitted.) Samuels v. State , 288 Ga. 48, 50 (2), 701 S.E.2d 172 (2010). Further, merely presenting a defendant with the possibility of a better result in his case if he chooses to cooperate does not constitute an impermissible hope of benefit where the defendant is aware that any agreement with regard to possible punishment is ultimately up to others. Shepard v. State , 300 Ga. 167, 170 (2), 794 S.E.2d 121 (2016) (defendant’s incriminating statements not induced by hope of benefit where the detectives merely acknowledged that the defendant could possibly get some deal and that they would talk with the district attorney, but it was clear to defendant that any agreement would require the assent of the district attorney); Selley v. State , 237 Ga. App. 47, 49 (3), 514 S.E.2d 706 (1999) (a detective did not offer an improper hope of benefit when he told defendant that "he would talk to the prosecutor and see if he could get [the defendant] a good deal if [he] cooperated"). Compare Canty v. State , 286 Ga. 608, 610, 690 S.E.2d 609 (2010) (defendant’s confession was induced by hope of benefit when defendant was only told that confession could result in a "shorter term").

Furthermore, we find no merit in Meddings’ contention that the polygraph examiner induced him to make his initial confessions by telling him that he would get probation if he confessed to his crimes. The polygraph examiner, Robert Warner, an independent contractor who had been hired by the Houston County Sheriff’s Office to administer Meddings’ polygraph examination, testified at the hearing on the motion to suppress that he did not make any promises to Meddings or suggest to him that he would receive any particular benefit by confessing. Warner testified that he merely informed Meddings that he would make Meddings’ cooperation known to Corporal Hilton. See Samuels , supra.

For the above reasons, the trial court did not err in denying the motion to suppress his confessions.

2. Meddings contends that the evidence was insufficient to support his convictions. We disagree.

When reviewing the sufficiency of the evidence,

we view the evidence in a light favorable to the jury’s verdict. Weighing the evidence and determining witness credibility are beyond the purview of this [C]ourt. We simply assess whether the evidence was sufficient to find [Meddings] guilty beyond a reasonable doubt.

(Citation and punctuation omitted.) Atkins v. State , 342 Ga. App. 849, 849, 805 S.E.2d 612 (2017). Based on all of the evidence, including A. T.’s direct testimony concerning Meddings’ acts of sexual abuse, we conclude that the evidence was sufficient for a rational trier of fact to have found Meddings guilty beyond a...