People v. Adkins

• Decision Date: 13 June 2005
• Docket Number: No. 05SA85.,05SA85.
• Citation: 113 P.3d 788
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Norman ADKINS, Defendant-Appellee.
• Court: Colorado Supreme Court

113 P.3d 788

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Norman ADKINS, Defendant-Appellee.

No. 05SA85.

Supreme Court of Colorado, En Banc.

June 13, 2005.

Mark D. Hurlbert, District Attorney, Fifth Judicial District, Rachel Olguin-Fresquez, Chief Deputy District Attorney, Georgetown, for Plaintiff-Appellant.

David S. Kaplan, Colorado State Public Defender, Dale W. McPhetres, Deputy State Public Defender, Silverthorne, for Defendant-Appellant.

Justice MARTINEZ delivered the Opinion of the Court.

The People bring this interlocutory appeal pursuant to C.A.R. 4.1 and section 16-12-102(2), C.R.S. (2004), seeking reversal of the trial court's ruling suppressing evidence obtained during the custodial interrogation of defendant Norman Adkins. The trial court's decision to suppress the contested statements was based on its finding that the interviewing officers violated the defendant's Fifth Amendment rights by failing to cease questioning upon Adkins' request for an attorney. Because the record supports the trial court's conclusion that Adkins' statements must be suppressed, we affirm the ruling of the trial court.

I. Facts and Procedure

The prosecution appeals an order of the Clear Creek County District Court granting Adkins' motion to suppress statements he made during a custodial interrogation by Detective Ferranti of the Clear Creek County Sheriff's Office. Following a suppression hearing in which Detective Ferranti testified and a videotape of the interrogation was introduced into evidence, the trial court granted Adkins' motion to suppress. The evidence produced at the suppression hearing and entered into the record detail the following:

In March 2004, Adkins was investigated and charged with one count of Sexual Assault on a Child by One in a Position of Trust and one count of Sexual Assault on a Child. Following his arrest, Adkins was placed in a jail jumpsuit, his ankles were cuffed and he was seated in a holding room to await questioning. Shortly thereafter, at approximately 8:26 a.m., Detective Ferranti from the Clear Creek County Sheriff's Office entered the room to proceed with an interrogation.

Detective Ferranti informed Adkins that he was investigating a complaint for sexual assault on a child. Detective Ferranti explained that he could not answer or speak to Adkins until he gave him his Miranda advisement and Adkins signed the advisement form. Adkins then asked "Who am I supposed to have molested here?" Detective Ferranti then explained "Let me fill this form out, if you give me permission to talk to you, I'll give you the lowdown on why I got you here."

Detective Ferranti sat across the desk from Adkins and began to fill out the advisement form. When Detective Ferranti wrote in "Sexual Assault to a Child/Position of Trust," Adkins stated "This is really bad."

As Detective Ferranti read the advisement, he pointed to the corresponding section on the advisement form and asked Adkins to initial the blank space next to each line of the advisement as he read them. When Detective Ferranti read the line that begins: "You have the right to speak with an attorney and have him present with you during questioning . . .," Adkins interrupted "Why don't I have one now."¹ Detective Ferranti paused, did not respond, and then continued the advisement — "If you cannot afford an attorney, the court will appoint one for you for free of charge" — while directing Adkins to initial the blank space next to the corresponding line of the advisement.

After Detective Ferranti finished reading the advisement, Adkins again states, "How come I don't have a lawyer right now."² Detective Ferranti responded "You haven't been advised by a judge yet. You'll probably do that this morning ... around ten or eleven." Detective Ferranti then instructed Adkins to write "yes" next to the line that reads "Do you understand these rights?" and to sign and date the form waiving his rights. After Adkins signed the waiver, Detective Ferranti began the interrogation.

Prior to trial, Adkins filed a motion to suppress any and all statements he made following the advisement by Detective Ferranti. Adkins argued two bases for suppressing the statements made during the interrogation. First, Adkins argued that he requested counsel during his advisement and Detective Ferranti was required to stop questioning until an attorney was present. Second, Adkins claimed his waiver of the right to counsel was invalid because Adkins requested counsel during the advisement but was "misadvised" by Detective Ferranti that he had no right to counsel until he was advised by a judge. As such, Adkins contended that the waiver of his Miranda rights was not made knowingly or intelligently.

Having heard the testimony of Detective Ferranti and reviewing the videotape of the advisement and interrogation, the trial court entered an oral ruling and concluded that based upon the totality of the circumstances there were two independent reasons for suppressing Adkins' statements during the interrogation. First, the trial court held that Adkins' statements made during his advisement were unambiguous requests for an attorney. As a result of the requests, Detective Ferranti was required to cease questioning until Adkins had an attorney and, because he continued questioning, all statements made by Adkins during the interrogation must be suppressed. Second, the trial court alternatively found that Adkins' statements during the interrogation should be suppressed because he did not knowingly and intelligently waive his right to counsel. The trial court found that because Detective Ferranti misled Adkins concerning whether an attorney could be present for the interrogation, the evidence did not support a finding that Adkins understood his right to have counsel present or the consequences of abandoning that right. Accordingly, the trial court granted Adkins' motion to suppress and the prosecution filed this interlocutory appeal.

II. Analysis

When reviewing suppression cases, "[t]he question before us is a mixed issue of law and fact." People v. Romero, 953 P.2d 550, 555 (Colo.1998). We, like the trial court, review the totality of circumstances in reaching the ultimate legal conclusion in suppression order cases. Id. With regard to the factual issues, "the trial court must assess the reliability of the evidence and credibility of witnesses while making an independent assessment of whether the suspect sufficiently clearly invoked the right to counsel based upon the totality of the circumstances." Id. (internal quotations omitted). We defer to the trial court's findings of historical fact when there exists sufficient evidence in the record to support them. Id. The trial court's legal conclusion, however, is subject to our de novo review. Id.

Based upon our review of the trial court's order, the trial court record, and the videotape of the advisement and interrogation, we find that the factual findings are supported by the record and we agree with the trial court's conclusion that Adkins' statements made during the interrogation following the advisement must be suppressed. Adkins made an unambiguous and unequivocal request for counsel during interrogation and all questioning should have ceased until he was provided the assistance of counsel. Given that the interrogation continued, all of Adkins' statements to Detective Ferranti following his advisement and invocation of the right to counsel must be suppressed. Because we affirm the trial court's order to suppress based upon Adkins' request for counsel, we find it unnecessary to address the trial court's second finding that Adkins did not knowingly and voluntarily waive the right to counsel.

In Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the United States Supreme Court examined the scope of protection against self-incrimination embodied in the Fifth Amendment to the United States Constitution. The Court established procedural safeguards to ensure the protection of Fifth Amendment rights and permit courts to assess whether statements made during custodial interrogation may be admitted as evidence against an accused in future judicial proceedings. 384 U.S. at 444-45, 86 S.Ct. 1602. The Court held that the Fifth Amendment requires law enforcement, prior to any custodial interrogation of an accused, to advise that person that he or she has a right to remain silent; that any statements made may be used as evidence against the accused; that the accused has a right to consult with an attorney prior to police interrogation and to have an attorney present during any interrogation; and that if the accused cannot afford to retain an attorney, an attorney will be furnished without cost. Id. The Supreme Court also indicated that with respect to the right to counsel, once an accused requests representation by counsel, all police-initiated interrogation must cease until the accused has consulted with an attorney. 384 U.S. at 474, 86 S.Ct. 1602.

Subsequently, in Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), the Supreme Court clarified that a defendant who invokes the Fifth Amendment right to counsel during custodial interrogation may not be subjected to further interrogation until counsel is made available to him, unless the defendant later initiates communications. The Court found that "it is inconsistent with Miranda and its progeny for the authorities, at their instance, to reinterrogate an accused in custody if he has clearly asserted his right to counsel." Id. at 485, 101 S.Ct. 1880. The accused, "having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges or conversations with the police." Id. at 484-85, 101 S.Ct. 1880. A request for counsel may come "at any stage of...