Monroe v. State, 1D12–3966.

• Citation: 148 So.3d 850
• Decision Date: 27 October 2014
• Docket Number: No. 1D12–3966.,1D12–3966.
• Parties: Ralph MONROE, Appellant, v. STATE of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

148 So.3d 850

Ralph MONROE, Appellant

v.STATE of Florida, Appellee.

No. 1D12–3966.

District Court of Appeal of Florida, First District.

Oct. 27, 2014.

Michael Ufferman, of Ufferman Law Firm, P.A., Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General; and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

RAY, J.

In this direct appeal, Ralph Monroe challenges his judgment and sentence for capital sexual battery on a child under 12 years of age by a defendant 18 years of age or older and lewd or lascivious molestation on a child under 12 years of age by a defendant 18 years of age or older. The trial court designated Monroe a sexual predator and sentenced him to a mandatory life sentence without parole for capital sexual battery and to 40 years' incarceration for lewd or lascivious molestation.

We affirm Monroe's judgment and sentence and write to explain our reasoning on two issues: (1) whether the trial court erred by denying the motion to suppress Monroe's statements made to an investigator in light of the fact that the investigator failed to read Monroe his Miranda¹ rights prior to questioning him, and (2) whether the evidence was sufficient to prove that the offenses occurred when Monroe was 18 years of age or older. On the first point, we hold that the trial court properly denied the motion to suppress because Monroe was not “in custody” at the time of his confession, and therefore, no Miranda warnings were necessary. On the second point, we conclude that the sufficiency-of-the-evidence claim was not properly preserved for appellate review and does not rise to the level of fundamental error under the standard adopted in F.B. v. State, 852 So.2d 226 (Fla.2003). However, we certify a question of great public importance regarding the applicability of that standard where, as here, it makes a constitutionally significant difference in the penalties applicable to the defendant.

Suppression Issue

I. Facts

The sexual battery charge alleged that Monroe digitally penetrated victim T.J.'s anus. The charge of lewd or lascivious molestation alleged unlawful, intentional touching of T.J.'s breasts, genitals, genital area, buttocks, or clothing over them in a lewd or lascivious manner. Monroe moved to suppress his statements obtained during what he argued was an illegal custodial interrogation. The parties generally agreed regarding the material facts surrounding the interview.

At the suppression hearing, Special Agent Terry Thomas of the Florida Department of Law Enforcement testified that he interviewed T.J. and a second child, who alleged they were victims of crimes at the Florida Agricultural and Mechanical University Developmental Research School. As a result of these interviews, Monroe became a suspect. Monroe was a high-school senior and the children were elementary-school students at the K–12 facility at the time of the incidents.

Agent Thomas obtained an arrest warrant for Monroe, who was by that time a college freshman in Alabama. The agent testified that he traveled to Alabama to talk to Monroe and to elicit a confession. The agent had no arrest authority in Alabama, but he had made arrangements before the interview for Monroe ultimately to be arrested on the warrant. The agent stated that his intent was to conduct a non-custodial interview.

Upon arriving at the college campus, Agent Thomas met with the college police chief and arranged through the dean of students to interview Monroe. Monroe's college football coach escorted Monroe to an unlocked, publicly accessible conference room, where Monroe first met Agent Thomas, who wore jeans and a T-shirt and did not display a weapon. Monroe took a seat closest to the exit door while Agent Thomas sat on the other side of the table. Prior to conducting the taped interview, Agent Thomas introduced himself to Monroe, presented his credentials, and explained his purpose for being there. The agent testified that he made no threats or promises to Monroe before the taped interview.

The audiotape of the twenty-minute interview was played for the trial court and revealed the following. Agent Thomas informed Monroe that he was conducting an investigation involving an eight-year-old male student, a matter Monroe had previously discussed with a school resource officer. After Monroe acknowledged that he knew what the agent was talking about, Agent Thomas stated:

You don't have to talk to me. That's why I brought you in here. You can get up and leave any time you want, but I'm hoping that, you know, you could explain your side of the story here. Like I said, I've interviewed the eight-year-old boy and he has identified you as somebody that's done some inappropriate stuff to him and he's picked you out of a photo pack, a photo lineup [unintelligible]. Is that you in the middle there?

Monroe admitted that it was his photo. Agent Thomas told Monroe that the victim had given him details of what Monroe did to him in the school bathroom. Monroe denied any wrongdoing. When asked why the boy would make up the allegations, Monroe opined, “He could lie.” Monroe admitted having been in the bathroom with the boy but claimed he simply walked out as the boy entered the room. As the conversation continued, Monroe repeatedly denied wrongdoing and Agent Thomas repeatedly accused him of lying, reiterating the seriousness of the allegations.

Agent Thomas asked, “What do you think I should do with you? Do you think I drove all the way up here to have you tell me nothing happened?” Despite having denied wrongdoing, Monroe suggested that Agent Thomas could occasionally check to see how and what Monroe was doing. Agent Thomas asked Monroe if he was afraid he was “going to do something like this again,” and Monroe expressed concern that this type of allegation could come up again.

The agent reminded Monroe that the child had given a detailed statement and picked out Monroe's photo. Agent Thomas acknowledged that “we all make mistakes” and then asked whether he was supposed to return to Tallahassee to tell the story as if the child were a liar. Monroe answered “no,” but he reasserted that the child was lying about any touching. Monroe again urged Agent Thomas to call and check on him every now and then, “just to be safe.” Agent Thomas asked why he would need to check on Monroe if he had never done anything. Again, Monroe denied wrongdoing, and the agent replied, “I don't believe you.” He reminded Monroe that he was free to get up and leave.

Agent Thomas stated that he was trying to treat Monroe “like a man” and with respect. When Monroe asked what would happen if he left the room right then, Agent Thomas replied that he had a legal obligation to continue investigating. Monroe restated that he had walked out of the bathroom as soon as the child walked in, and no touching occurred. Monroe conceded that, at most, he may have said “hey” to the child. After more exchanges in which Agent Thomas expressed his belief that the child's allegations were true and Monroe denied them, Agent Thomas stated that his lengthy experience indicated that little kids do not make up such accusations. Agent Thomas noted that when the child made the allegations, he was not in trouble. Monroe reiterated that the child had fabricated this story.

Agent Thomas reminded Monroe that he was missing an opportunity, and the agent was going to continue the investigation. Agent Thomas indicated that the interview was ending, but that this matter was not going away. He also told Monroe that he could not “undo what [he] did” but that Monroe “could make it better.” Monroe then asked whether he could get counseling. Agent Thomas answered affirmatively and stated that first, Monroe would have to admit what he had done. Monroe ultimately agreed to “open up.”

Monroe told the agent that after saying “hey, how you doing,” he touched the child. Claiming he was trying to handle this situation differently from the way most officers would handle it, Agent Thomas said, “I know you want to talk about it. It's probably going to weigh on you since it happened.” Agent Thomas told Monroe that “most cops” would have just walked in, put handcuffs on him, and taken him away.

The agent then asked Monroe to tell him what actually happened. Monroe replied, “I walked in there. I saw him coming in. Do you want to play a game, with him? Basically, sex .... what you said.” Agent Thomas indicated that Monroe was “on the right track.” In response, Monroe admitted having touched the child, gesturing to show what he had done. With Agent Thomas urging him to proceed because there was more, Monroe denied doing anything else. The agent asked, “Put your finger in his butt; right?” Monroe answered, “At that part, yeah.” Additionally, Monroe acknowledged asking the child if he wanted to play a game, and Monroe admitted touching the child's penis with his hand.

Monroe stated that since making a bad choice, he had been training himself to be a better role model and to make a better life for himself. He said Agent Thomas could tell the child's family or his teachers that Monroe was deeply sorry and that nothing like it would ever occur again. The agent confirmed with Monroe that it would be all right to report that he had “manned up” and admitted the allegations.

Agent Thomas testified that at the conclusion of the interview, he turned off the tape, opened the door, and invited the police chief, the dean of students, and the coach to enter the room. The dean talked to Monroe about being removed from the college. They did not put Monroe in handcuffs, but he was escorted to an unmarked police car to leave the college campus. The agent said he had taken steps to ensure that Monroe would feel free to leave the conference room anytime and would not believe he was in official custody. Agent Thomas testified he never raised his voice, acted aggressively, or threatened or badgered Monroe.

After this testimony, defense counsel argued that the procedural safeguards in Mirand...