Neal v. State, 48S00-8702-CR-264
| Citation | 522 N.E.2d 912 |
| Decision Date | 09 May 1988 |
| Docket Number | No. 48S00-8702-CR-264,48S00-8702-CR-264 |
| Parties | Anthony T. NEAL, Appellant, v. STATE of Indiana, Appellee. |
| Court | Supreme Court of Indiana |
Michael C. Ice, Anderson, for appellant.
Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in a conviction of appellant of Robbery, a Class B felony. Appellant received a sentence of sixteen (16) years to be served consecutively to a sentence which he was serving on probation at the time of the robbery.
The facts are: On June 4, 1985, Diane Fox and William McDaniel were working at A.J.C. Stereo in Anderson, Indiana. Two young men entered, looked around, and left the store. A few minutes later they returned and again looked around and left. When they entered a third time, one was armed with a revolver. Evidence shows that this was a man named Menifee. Menifee pointed his gun at Fox, and the man later identified as appellant followed McDaniel to the back of the store where he attempted to pull a rifle (in some places in the transcript it is referred to as a shotgun) from his pants leg. McDaniel grabbed the barrel of the rifle; however, Menifee came to appellant's rescue and pointed his pistol in McDaniel's face and made him release his grip on the rifle barrel. They then told McDaniel to get on the floor and struck him twice with one of the guns as he went to the floor. Later it was necessary to take seven stitches in McDaniel's head to close the wounds. The robbers took the store's money, radios, McDaniel's wallet, and Fox's wallet.
Following identification of photographs of Menifee and appellant, appellant and his girl friend were arrested at his girl friend's apartment. At police headquarters, appellant was read his Miranda rights and made an incriminating statement concerning the robbery.
Appellant claims the trial court erred in failing to suppress his out-of-court confession. Appellant takes the position that his confession was coerced because his girl friend was arrested with him, and the police told him his girl friend would go to jail and her four children would be turned over to the Welfare Department. Appellant claims this caused him to give an untrue confession in order to obtain the release of his girl friend. There is nothing in this record to indicate the arrest of appellant's girl friend was improper nor is there any indication of any threats concerning either the girl friend or her children. The statement by the police that if the girl friend were sent to jail the children would be taken care of by the Welfare Department was simply a factual statement concerning the situation.
Appellant also claims that Detective Burke pointed his finger in appellant's face and spit in his face. This was categorically denied by Detective Burke. Detective Burke stated that he did not spit in appellant's face, that if any saliva got on appellant's face it was simply because he was talking loudly to appellant in close proximity, and that if such a thing did occur it was unintentional.
Appellant also contends the police officers promised to help him by getting him a minimum sentence if he cooperated. Detective Burke testified that the only "inducement" was his promise to attempt to get leniency for appellant if he "came clean." Although it is improper for police officers to make promises of mitigation to induce a statement, Fowler v. State (1985), Ind., 483 N.E.2d 739, vague and indefinite statements by the police are not sufficient inducements to render a subsequent confession inadmissible. Long v. State (1981), Ind., 422 N.E.2d 284. We see nothing in this record to indicate that the trial court erred in refusing to suppress appellant's confession.
Appellant claims the trial court erred in allowing the testimony of Tyrone Grant, in that his testimony was "obtained" through appellant's confession, and thus was "fruit of the poisonous tree." In view of our ruling concerning the confession, there is no application of the doctrine of the "fruit of the poisonous tree." We would observe that it is interesting that Detective Burke testified that they knew nothing of the involvement of...
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