People v. Dickinson

• Decision Date: 08 November 1973
• Citation: 349 N.Y.S.2d 149,43 A.D.2d 612
• Parties: The PEOPLE of the State of New York, Respondent, v. Norman DICKINSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 149

349 N.Y.S.2d 149

43 A.D.2d 612

The PEOPLE of the State of New York, Respondent, v. Norman DICKINSON, Appellant.

Supreme Court, Appellate Division, Third Department.

Nov. 8, 1973.

Loren N. Brown, Saratoga County Dist. Atty., Ballston Spa, for respondent.

LeRoy T. Walbridge, Saratoga Springs, for appellant.

Before STALEY, J.P., and GREENBLOTT, SWEENEY, MAIN and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court of Saratoga County, rendered September 21, 1972, convicting defendant, upon his plea of guilty, of the crime of arson in the first degree.

On November 7, 1969, a fire occurred in the home occupied by defendant and his family in which his wife and young daughter perished. The fire originated in the downstairs kitchen area. Defendant was successful in getting his two sons out of the house, but his wife died trying to get their daughter out from an upstairs bedroom. Defendant was questioned about the fire, and for a period of 22 months thereafter became the subject of an investigation by the Saratoga County Sheriff's Department, during which time he was questioned on numerous occasions and was given two polygraph tests. During this period, defendant continuously told the same story, and maintained his innocence of any wrongdoing.

On the evening of August 30, 1971, Investigator James Bowen asked Deputy Tosier to pick up defendant and bring him to the Sheriff's Office. After a period of questioning by Investigator Bowen in the presence of Deputy Cooper, with defendant again giving the same version of the occurrence, defendant asked to be taken home. On the way, Investigator Bowen and Deputy Cooper continued to question defendant and, at one point, defendant stated, 'I don't want to say anymore, I might incriminate myself.' When asked by Investigator Bowen what he had said, defendant repeated, 'I don't want to say anything more, I might incriminate myself.' Upon hearing this, Investigator Bowen turned the car around and returned to the Sheriff's Office where he asserts that he read and had defendant read and sign an acknowledgement of his constitutional rights. Investigator Bowen began questioning him again in the presence of Deputy Cooper. Defendant again gave the same answers that he had given before. Investigator Bowen then left the room and Sergeant Wooley entered the room and continued the interrogation. Both Bowen and Wooley denied that Wooley took over the interrogation by any prearrangement. Within 15 minutes Deputy Cooper left the room and advised Investigator Bowen that defendant was ready to talk to him. Investigator Bowen then questioned defendant and typed a statement wherein defendant admitted that he had started the fire.

At a suppression hearing, Sergeant Wooley testified that Deputy Cooper had conducted the questioning, and that defendant had described the manner in which he had started the fire before Investigator Bowen returned to the room. Deputy Cooper, on the other hand, testified that Wooley had conducted the questioning, and that defendant made no confession until Bowen returned. On cross-examination, Sergeant Wooley was also evasive about certain aspects of the questioning while Investigator Bowen was absent. He did admit that he might have threatened to beat defendant. Defendant's version was that it seemed longer than 15 minutes; that he had been slapped in the face and had been held by Sergeant Wooley while being punched about the stomach by Deputy Cooper.

Investigator Bowen testified that when he returned to the room, he reminded defendant of his rights and defendant said, 'I might as well tell you, I'll feel better.' Defendant's version of this statement is that he said, 'I might as well say something, save another beating. * * * I'll tell you whatever you want me to say.' Thereafter, Investigator Bowen typed the statement wherein defendant admitted starting the fire. Defendant also stated that the acknowledgement of rights was signed at this time, although on its face, it is stated to have been executed at 10:00 P.M. Defendant was subsequently indicted and charged with two counts of murder in the first degree, and one count of arson in the first degree.

The County Court denied a motion to suppress this confession, and defendant subsequently entered a plea of guilty to arson in the first degree in full satisfaction of the indictment. When defendant entered the plea, he stated to the court that he was doing so 'To protect my son so that he will never know I thought he started the fire, yes, I will sacrifice that much of my life.' When asked if the possible exposure to a sentence of 15 years to life in the event he was found guilty of murder was a reason for offering to plead guilty to the third count, defendant replied, 'No'.

The court then recessed to consult with counsel, and after the recess, the court said to defendant, 'Now, Mr. Dickinson, it comes back to you. In the opening statements, Mr. McMahon said that you had maintained the assertion of your innocence. When I asked you about the facts of the fire alleged in count three, you, again, told me that you were innocent. Now, very simply I want to know from you, why, then, are you offering to plead guilty?' Defendant then replied, 'For one, your Honor, to protect my son and secondly, your Honor, I want to avoid the chance of going to trial and being convicted of murder and...