People v. Gonzales, 99SA197.
Decision Date | 01 November 1999 |
Docket Number | No. 99SA197.,99SA197. |
Citation | 987 P.2d 239 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Albert Raymond GONZALES, Defendant-Appellee. |
Court | Colorado Supreme Court |
Stuart A. VanMeveren, District Attorney, Eighth Judicial District, Loren B. Schall, Assistant District Attorney, Fort Collins, Colorado Attorneys for Plaintiff-Appellant.
David F. Vela, Colorado State Public Defender, M. Janet Laughon, Deputy State Public Defender, Kathryn Hay, Deputy State Public Defender, Denver, Colorado, Attorneys for Defendant-Appellee.
This case comes before the court on an interlocutory appeal from the trial court, pursuant to C.A.R. 4.1. The People appeal an order by the trial court suppressing statements made by the defendant while being transported by a sheriff's deputy from a motions hearing to the Larimer County Detention Center. We reverse the order and remand the case for further proceedings consistent with this opinion.
The defendant, Albert Raymond Gonzales, was arrested on October 31, 1998, for the murder of his girlfriend, Priscilla Sturgeon. At the time of the arrest, the defendant was informed of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and asserted his rights to remain silent and to have counsel present during questioning.
Since his arrest, the defendant has remained in custody at the Larimer County Detention Center. He currently awaits trial on a charge of first degree murder.
On May 20, 1999, Larimer County Sheriff's Deputy Carl O'Neill transported the defendant from a motions hearing at the courthouse to the detention center. No other people were present during the ride.
On the way to the detention center, the defendant began to complain to O'Neill about his legal counsel and the judge presiding over his case. After a short while, the defendant paused and asked O'Neill, "Can I be up front with you?" O'Neill replied, "Sure." The defendant then made the following incriminating statements: "They don't know what I did, they don't have a clue," "I didn't intentionally kill her," and "It was an accident." O'Neill promptly noted the statements on a legal pad for later use at the defendant's trial.
On May 25, 1999, the defendant filed a motion to suppress the incriminating statements. He claimed that the statements were involuntary and were obtained in violation of his rights under the Fifth Amendment to the United States Constitution and Miranda v. Arizona.
At the suppression hearing, the trial court found that the defendant's statements were voluntary and that Deputy O'Neill had not acted improperly. Nevertheless, the trial court determined that O'Neill's response to the defendant's question was the functional equivalent of police interrogation. Consequently, the trial court granted the motion to suppress. This appeal followed.
The Fifth Amendment to the United States Constitution protects a criminal suspect's right to have an attorney present during custodial interrogations. See Miranda, 384 U.S. at 444-45, 469-75,86 S.Ct. 1602; People v. Sharpless, 807 P.2d 590, 591 (Colo.1991). Once a suspect in custody invokes his right to an attorney, all interrogation in the absence of counsel must cease. See Miranda, 384 U.S. at 474,86 S.Ct. 1602; People v. Quezada, 731 P.2d 730, 734 (Colo. 1987). "Interrogation" refers to express questioning by a police officer as well as to "words or actions ... that the officer `should know are reasonably likely to elicit an incriminating response from the suspect.' " People v. Trujillo, 784 P.2d 788, 790 (Colo.1990) (quoting Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980)); see also People v. MacCallum, 925 P.2d 758, 766 (Colo.1996); Sharpless, 807 P.2d at 591.
When determining whether a suspect has been subjected to an interrogation, we consider the totality of the circumstances surrounding the making of the statement. See Trujillo, 784 P.2d at 791. We focus our inquiry on whether the officer reasonably should have known that his words or actions would cause the suspect to perceive that he was being interrogated. See id. at 790-91.
In People v. Sharpless, for instance, the defendant asked the arresting police officer if he could explain why he pointed a loaded gun at another driver. The officer did not respond, and the defendant proceeded to make inculpatory statements. We held that Miranda did not bar the evidentiary use of the statements, because they were made freely and in the absence of coercion by the police. See Sharpless, 807 P.2d at 591. The officer's actions—or, more accurately, inaction—simply did not compel the defendant to make a statement.
Similarly, in People v. Smith, the defendant spontaneously explained to the arresting officer where he obtained a forged receipt for a bet placed at a dog track. The officer testified that he asked no questions concerning what had happened. We held that the officer was under no duty to close his ears to evidence freely offered by the defendant. See Smith, 173 Colo. at 13-14, 475 P.2d at 628. Because the statement was not the product of questioning or interrogation, we disapproved the trial court's suppression order. See id.
Innis, 446 U.S. at 303, 100 S.Ct. 1682.
Examples of functional equivalents of interrogation provided in Miranda and Innis also guide our decision today. One example involves coaching witnesses to identify the suspect as the perpetrator of the crime. This deception fools the suspect into believing that the police already have substantial evidence of his guilt, motivating him to explain his conduct. See Innis, 446 U.S. at 299, 100 S.Ct. 1682 (citing Miranda, 384 U.S. at 453, 86 S.Ct. 1602). In another example, police coach witnesses to identify the suspect as the perpetrator of fictitious crimes to induce him to confess to the actual crime of which he is suspected and thereby escape the false prosecution. See id. Still other examples include positing the suspect's guilt, minimizing the seriousness of the offense, and casting blame on the victim or society. See id. (citing Miranda, 384 U.S. at 450, 86 S.Ct. 1602).
Although the examples provided in Innis and Miranda surely do not constitute an exhaustive list, we may infer that the functional equivalents of interrogation generally employ compelling influences or psychological ploys in tandem with police custody to obtain confessions. See Arizona v. Mauro, 481 U.S. 520, 529, 107 S.Ct. 1931, 95 L.Ed.2d 458 (1987). With these principles in mind, we analyze whether, in the instant case, the trial court erred by suppressing the defendant's statements.
When reviewing a trial court's order to suppress an inculpatory statement, the court reviews both factfinding and the application of law. See People v. Gennings, 808 P.2d 839, 844 (Colo.1991). While we defer to a trial court's findings of disputed fact, the application of a legal standard to historical fact is a matter for de novo appellate review. See id.
As an initial matter, we note that the parties agree that the defendant was in the custody of the police. The parties further agree that Deputy O'Neill did not actually question the defendant. The sole issue before the court is whether O'Neill's words and conduct constituted the functional equivalent of interrogation.
We conclude that the trial court erred by ordering the suppression...
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