People v. Liggett

• Court: Colorado Supreme Court
• Writing for the Court: JUSTICE BOATRIGHTdelivered the Opinion of the Court.
• Citation: People v. Liggett, 2014 CO 72, 334 P.3d 231 (Colo. 2014)
• Decision Date: 22 September 2014
• Docket Number: Supreme Court Case No. 14SA88
• Parties: The PEOPLE of the State of Colorado, Plaintiff–Appellant v. Ari Misha LIGGETT, Defendant–Appellee

334 P.3d 231

2014 CO 72

The PEOPLE of the State of Colorado, Plaintiff–Appellant

v.Ari Misha LIGGETT, Defendant–Appellee

Supreme Court Case No. 14SA88

Supreme Court of Colorado.

September 22, 2014

George H. Brauchler, District Attorney, Eighteenth Judicial District, Susan J. Trout, Senior Deputy District Attorney, Centennial, Colorado, Attorneys for Plaintiff–Appellant.

Douglas K. Wilson, Public Defender, Natalie Girard, Deputy Public Defender, Julia Marchelya, Deputy Public Defender, Jessica Enggasser Johnson, Deputy Public Defender, Centennial, Colorado, Attorneys for Defendant–Appellee.

En Banc

Opinion

JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶ 1 In this interlocutory appeal pursuant to C.A.R. 4.1, we consider whether the trial court should have suppressed statements that Defendant–Appellee Mr. Ari Liggett made to investigators during an interview on October 17, 2012. The trial court suppressed the majority of the statements that Liggett made during this interview because it found that they were involuntary. We, however, hold that, when considering the totality of the circumstances, the investigators never overbore Liggett's will, and thus his statements were voluntary. Accordingly, we reverse the trial court's suppression order and remand the matter to the trial court for proceedings consistent with this opinion.

I. Facts and Proceedings Below

¶ 2 A police officer stopped the vehicle that Liggett was driving and, upon asking dispatch to scan the license plate, determined that it was associated with both a missing person (Liggett's mother) and an armed-and-dangerous person (Liggett himself). After the police officer ordered Liggett to turn the car off and place his hands through the window, Liggett sped off and a police chase ensued. During the chase, when Liggett attempted to make a right turn, the vehicle spun out and hit a concrete wall. Liggett then exited the vehicle and ran, and the police chased him on foot. Eventually, Liggett threw his hands up and surrendered, and the officers handcuffed him.

¶ 3 Then, while “the officers were talking among themselves,” Liggett made several unprompted statements, including:

• “I can't tell right from wrong. I'm insane. My psychiatrist will confirm it.”

• “Hey guys, umm, I've just got a simple question. If I can convince you that there's not probable cause that I'm sane, do you press criminal charges?”

• “I think I'm God. I've thought so for years.”

• “I think breaking most laws is the right thing to do....”

• “I think that everyone can read my mind, see the past and the future, and shape-change, and they aren't [inaudible] to any mortal weapons or abuse because they can use their mind to control their emotions. I think that the whole world is a conspiracy out to get me because I'm the only person who can't do a number of those things.”

¶ 4 Without responding to Liggett's assertions, the officers placed him in the backseat of a police car because he was under arrest. At that time, Sergeant Peterson asked Liggett if he was okay. Liggett responded that he was physically fine but that the past couple of days had been difficult. On suspicion that Liggett was involved with his mother's disappearance, Sergeant Peterson then asked Liggett if he would be willing to go to the sheriff's office and speak with some investigators. Liggett answered in the affirmative, and the police then took him to the sheriff's office.

¶ 5 There, the investigators interviewed Liggett, un-handcuffed, in a small room. Liggett first spoke primarily with Investigator Clark and then separately with Sergeant Peterson. The interview began at approximately 2:50 a.m. when Investigator Clark stated, “I know that ... you came down here on your own,” to which Liggett contradicted, “I actually didn't, you know. People, you know, um, more wanted to talk to me.” Investigator Clark responded by asking Liggett, “[D]o you want to talk to me? I'll help you out how I can, okay?” Liggett did not answer the question but rather stated, “Um, basically it boils down to this” and then launched into a speech of sorts that included the following statements:

• “I've been a victim of society my whole life.”

• “Ever since I was little ... I felt that everyone is, has, basically all the powers of God. They can shape-change to the past and future, anywhere, any time.... I think it's possible that I'm the only one who doesn't have those powers yet.”

• “I think that, uh, breaking a lot of laws is the right thing to do.”

¶ 6 Eventually, Investigator Clark returned Liggett to the task at hand, stating that he was going to read Liggett his Miranda rights and clarifying, “[R]eally the things [sic] I need to talk to you about is your mom.” After Investigator Clark read Liggett his Miranda rights, Liggett asked, “Can you call a public defender to be here now?” Investigator Clark responded, “No.” He then gave Liggett a written copy of his rights and asked him to sign and initial the document. As Liggett prepared to sign the document, he stated, “You know, I would be found incompetent, um, at this present time.... Would all this be rejected as evidence if I talk to you?” Investigator Clark did not answer Liggett's question but stated, “So this is just up to you whether or not you want to talk or not.” Liggett, in turn, did not respond directly to Investigator Clark's statement but asked where he should sign and initial the document.

¶ 7 After Liggett signed and initialed the document, Investigator Clark began asking him questions about his whereabouts for the past couple of days, which led to questions about his mother and culminated with, “Is your Mom hurt?” In response, Liggett first explained, “I think she might have committed suicide,” and he eventually told Investigator Clark that she did so by ingesting potassium cyanide because she was “bipolar.” And while he gave additional details over the course of the interview, he maintained that he found his mom dead and “panicked” because he needed money and was only included in her will as a trust beneficiary. Consequently, he decided to cover up her suicide so that he could continue to use her credit cards and checks. He further expounded that in an effort to conceal the suicide, he called two friends who came to the house to help him.¹

¶ 8 Liggett also explained to Investigator Clark why he was not responsible for his mother's death. For example, after the investigator told Liggett that the police had found potassium cyanide in the family's refrigerator, Liggett stated numerous times that it would have been impossible for him to put a lethal dose of potassium cyanide in his mother's food without her noticing because of its strong odor and taste. He also stated that while he panicked and was worried about money when he found his mother dead, he had no motive to kill her because he was not worried about money in general—in fact, he was planning on filing several lawsuits that would result in substantial judgments in his favor. In response, Investigator Clark—testing another possible motive—stated that he had information that Liggett's mother was planning on asking him to leave the house when she got married. Investigator Clark asked Liggett whether that upset him. Liggett responded that he did not believe she really would have gotten married and that it was simply untrue that his mother and her fiancé had asked him to leave. He also explained that if they did get married, he would benefit because she would be “less abusive” to him and he “would have more money.” Lastly, Liggett explained his version of events by repeatedly stating that his mother's suicide made sense because “1 in 20, uh, bipolars will commit suicide and [his mother] had severe bipolar.”

¶ 9 In response to Liggett's statements, Investigator Clark's tone was cordial, and he never raised his voice. Indeed, throughout the entire interview, he remained calm and respectful while he persistently questioned Liggett about his actions, motives, and whereabouts over the past couple of days. Liggett provided answers to each question, never wavering from the following basic elements:

• his mother committed suicide;

• he found her dead; and

• two friends, whom he met in jail and refused to name, came to the house and helped him conceal his mother's death.

¶ 10 Then, approximately 1 hour and 20 minutes into the interview, Investigator Clark got Liggett a glass of water and they took a short break. Investigator Clark then changed tactics and sympathized with Liggett by asking, “Your mom didn't treat you fair, did she?” Liggett explained that in 10th grade he realized that everyone had the power to shape-change but him and that “every day [he] begged for help.” Investigator Clark and Liggett then had the following exchange:

Investigator Clark: “And you wanted help.”

Liggett: “I wanted help very, very badly.”

Investigator Clark: “You mom didn't give it to you.”

Liggett: “My mom told me to go to the mental hospital.”

Investigator Clark: “And you didn't want to do that.”

¶ 11 Starting from the premise that Liggett's mom “ha[d] been abusive to [him his] whole life,” Investigator Clark then challenged Liggett, stating that he did not believe that the two men existed or that his mother committed suicide but rather that Liggett murdered her. Investigator Clark then expounded on how exactly Liggett murdered his mother. In response, Liggett kept denying the accusations and redirected the interview by telling Investigator Clark, “I need you to go through that step-by-step again, and this time we're gonna stop at each step, and I'm gonna explain to you why it didn't happen and give you evidence that it didn't happen.” Investigator Clark then complied with the request by describing his account in snippets. Liggett responded by explaining why he thought Investigator Clark was wrong.

¶ 12 At this time and during the entire interview, Liggett frequently interjected with several statements related to themes about his beliefs and his mental state. For example, when...