Myers v. State

• Citation: 211 So.3d 962
• Decision Date: 23 February 2017
• Docket Number: No. SC15–1486,SC15–1486
• Parties: Sharon MYERS, Petitioner, v. STATE of Florida, Respondent.
• Court: United States State Supreme Court of Florida

211 So.3d 962

Sharon MYERS, Petitioner,
v.
STATE of Florida, Respondent.

No. SC15–1486

Supreme Court of Florida.

[February 23, 2017]

Kevin John Mawn of Onek and Mawn, P.A., Titusville, Florida, for Petitioner

Pamela Jo Bondi, Attorney General, Tallahassee, Florida; and Wesley Harold Heidt, Bureau Chief, and Kristen Lynn Davenport, Assistant Attorney General, Daytona Beach, Florida, for Respondent

PARIENTE, J.

The issue before the Court is whether the Fifth District Court of Appeal misapplied

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our precedent from Ross v. State , 45 So.3d 403 (Fla. 2010), and Ramirez v. State , 739 So.2d 568 (Fla. 1999), when it reversed the trial court's determination that the defendant, Sharon Myers, was in custody for the purpose of administering Miranda ¹ warnings based on the totality of the circumstances. State v. Myers , 169 So.3d 1227, 1230 (Fla. 5th DCA 2015). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.²

At the heart of this issue is the constitutional right against self-incrimination under the Fifth Amendment to the United States Constitution and article I, section 9, of the Florida Constitution. Specifically, we review the constitutionally required "procedural safeguards" first set forth by the United States Supreme Court in Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), that "assure that [a criminal defendant] is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself." Id. at 444, 439, 86 S.Ct. 1602. As this Court recently stated in State v. Horwitz , 191 So.3d 429 (Fla. 2016), in Florida, the right "against self-incrimination, as one of our Constitution's fundamental rights, must be—and has long been—broadly construed." Id. at 439 (citing Traylor v. State , 596 So.2d 957, 965 (Fla. 1992) ).

In this case, police interrogated Myers on two occasions—both times at the police station—first within hours and then just days after her husband was murdered and after her son and his friend had already confessed to the murder and implicated Myers in planning and facilitating the murder. The entire tenor of the interrogations, which were conducted by a team of multiple officers, was accusatorial, aggressive, and confrontational. As the trial court found, during both interrogations, Myers was "immediately and aggressively confronted by multiple officers about her involvement in the murder. The tone of their questioning indicated that law enforcement believed [Myers] was a suspect."

For the reasons more fully explained below, we conclude that Myers was in custody for purposes of Miranda warnings during both interrogations, and the Fifth District did not afford proper deference to the trial court's findings, nor did it adequately consider the factors this Court set forth in Ramirez and explained in Ross guiding police on when Miranda warnings are necessary. We agree with the trial court and with Judge Cohen's dissent in the Fifth District's decision that "a reasonable person would have felt constrained" in the circumstances in which Myers was interrogated. Myers , 169 So.3d at 1232 (Cohen, J., dissenting). As Judge Cohen explained, "courts should view attempts by law enforcement to circumvent [Miranda ] safeguards warily." Id. Thus, Myers' constitutional right against self-incrimination under both the United States Constitution and the Florida Constitution was violated by the failure of police to safeguard her constitutional right through the administration of Miranda warnings before proceeding with Myers' custodial interrogations. Accordingly, we quash the Fifth District's decision below.

I. BACKGROUND

On June 16, 2008, Gary Kenney, Myers' husband,³ was found murdered in his family's

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home in Merritt Island, Florida. He had been shot several times and had several lacerations to his wrist and neck. Shortly after the victim's body was found, Myers' son, Darryl Kenney, and his friend, Rubin Nero, were apprehended near the scene and confessed to the murder. Both Darryl and Rubin implicated Myers in planning and facilitating the murder. As a result, law enforcement officers believed that Myers was an integral part of the conspiracy to murder Gary and brought her to the police station for questioning on June 16, 2008, and June 20, 2008.

The first questioning on June 16, 2008, occurred sometime after 2:00 a.m. At that time, Myers was staying with her in-laws while her home was being processed as a crime scene. Deputy Sheriff Kent of Brevard County ("Agent Kent") testified at the suppression hearing that it was after midnight when he and Brevard County Sheriff's Agent Martin ("Agent Martin") arrived at the in-laws' home.

Upon their arrival to Myers' in-laws' home, Agent Kent explained to Myers that he needed more information from her about her husband's murder, and, according to him, Myers "volunteered to come down to [the] Merritt Island precinct" for questioning. Agent Kent testified that he advised Myers that she was free to leave before they departed the in-laws' house. Myers rode to the precinct in the front seat of Agent Kent's agency-issued, unmarked vehicle without handcuffs.

Upon arrival at the precinct, Myers was placed in a room, which, due to ongoing building renovations, was not originally designed for questioning and was, therefore, smaller than a typical interview room. Myers was seated in the corner so that she would be seen on the camera inside the room. The door was closed for privacy, but it was not locked. Myers was questioned for approximately ninety minutes about her involvement in the murder. A four-man team consisting of Agents Kent, Martin, Vitaliano, and Reyes took turns questioning Myers. After questioning Myers, Agent Kent returned Myers to her in-laws' home around 4:00 a.m. She again rode in the front passenger seat of his unmarked car without handcuffs.

The next day, investigators executed a search warrant on the hotel room in which Darryl stayed in the days leading up to the murder. During the search, Agent Kent found letters that Darryl received from Myers while incarcerated; Darryl had been released just days before the murder. Agent Kent testified that his review of those letters over the next few days revealed more evidence, which led him to believe that Myers was complicit in Gary's murder. Based on this information, Agent Kent decided to question Myers further about the contents of the letters.

On June 20, 2008, Agent Kent and another agent arrived at Myers' home during the daytime. Agent Kent explained to Myers that he "needed her to speak with [him] again regarding some new evidence that had come up." He "asked if she would be willing to come down to the [Criminal Investigations Division ("CID") ] building in Rockledge." Again, Myers was told she was free to leave before the questioning commenced. And, according to Agent Kent, Myers "again, as the first time, volunteered to do so." Similar to the first time Myers was questioned, Myers rode in the front passenger seat of Agent Kent's agency-issued, unmarked vehicle without handcuffs.

Upon arrival at the CID, Agents Kent and Vitaliano escorted Myers into a standard interview room. Myers was again seated in the corner, although not for any particular reason, according to Agent Kent. The same four-man team from the first interview, plus a fifth agent, Agent Spadafora, questioned Myers for approximately

211 So.3d 968

one hour and forty-five minutes. Thereafter, Agent Kent transported Myers home.

After being charged with the murder, Myers filed a motion to suppress the statements she made to police on June 16 and June 20, alleging that her statements were illegally obtained because the interviews constituted custodial interrogations. After a hearing, during which the lead investigator testified and video recordings of both interviews were played in open court, the trial court granted the motion to suppress. In the trial court's order granting Myers' motion to suppress, the trial court further explained:

Although [Myers] was told at the start of each interrogation that she was not in custody, a reasonable person would not have felt free to leave. During both interrogations, she was seated in the corner of a small room with law enforcement blocking her access to the door. The door remained closed throughout her interrogations. Officers were seated in close proximity to [Myers], invading her personal space. [Myers] was never offered a break and was given water on only one occasion. [Myers'] daughter was allowed to see [Myers] only briefly, until Agent Kent told her to leave. [Myers] was never reminded during either interrogation that she was not in custody. At the end of the second interrogation, Agent Kent told [Myers] "you've always been free to go," but that alone does not vitiate the need for the Defendant to be advised of her Miranda rights. Further, [Myers] was dependent upon law enforcement for transportation back to her residence.

... On both occasions, [Myers] was immediately and aggressively confronted by multiple officers about her involvement in the murder. The tone of their questioning indicated that law enforcement believed [Myers] was a suspect. Officers indicated they had information from [Myers'] "conspirators" that she had

...