People v. Robinson, Docket No. 7048

• Decision Date: 28 April 1970
• Docket Number: Docket No. 7048,No. 1,1
• Citation: 178 N.W.2d 804,23 Mich.App. 397
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael M. ROBINSON, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 804

178 N.W.2d 804

23 Mich.App. 397

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael M. ROBINSON, Defendant-Appellant.

Docket No. 7048.

Court of Appeals of Michigan, Division No. 1.

April 28, 1970.

Released for Publication Aug. 14, 1970.

John R. Murphy, Detroit, Richard M. Lustig, Detroit (of counsel), for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., William L Cahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Angelo A. Pentolino, Asst. Pros. Atty., for plaintiff-appellee.

Before LESINSKI, C.J., and QUINN and V. J. BRENNAN, JJ.

QUINN, Judge.

October 29, 1966, during the robbery of a jewelry store, William Finnk a part owner of the store, was shot and killed. November 12, 1966, after observing defendant run a stop sign, the police gave chase. After running another stop sign, defendant drove into a gas station, hit a gas pump and sheared it off, starting a fire. His car went through the front window of the station, at which time defendant left the vehicle and ran away. The police followed and finally cornered defendant in a private garage. Immediately prior to being apprehended, defendant was observed tossing a gun beneath the car that was parked in the garage. The gun was recovered and ballistic tests later the same day established that it was the gun from which five bullets taken from Finnk's body had been fired.

Defendant was arrested about 3:15 p.m. on November 12, 1966; he was brought to police headquarters at 3:45 p.m., after which the ballistic tests were made. About 4:00 p.m., some preliminary questioning of defendant began and at 5:55 p.m., detective Casey began questioning defendant. The latter questioning resulted in a statement of defendant, taken in longhand by detective Casey, read by defendant, corrected at his suggestion and signed by defendant at 7:50 p.m. on November 12th.

In this statement, defendant said he bought the gun from a man named Jeff on the night of November 5, 1966. He further stated that on October 29, 1966, after he observed an employee of the store that was robbed enter it with two colored men and later saw the two colored men leave the store, enter an automobile and drive away, he (defendant) entered the store. On entry, defendant said he saw a man's feet sticking out, safe open and papers strewn about. Defendant said he took two watches that were on the floor and ran away. He stated that he learned from reading the paper two days later that a man was killed in the robbery. Defendant was wearing one of the stolen watches at this interrogation and he said the other one was at home. At 8:30 p.m. on November 12th, he executed a consent to search his home.

At 9:40 on November 12th, defendant was taken to Detroit General Hospital for treatment of a cut on his leg which resulted from the accident at the gas station. At 10:15 p.m., he was returned to the ninth floor of police headquarters, and at 10:30 p.m. on the 12th, defendant informed the police he wanted to make a statement. An assistant prosecuting attorney and a stenographer took this statement between 11:00 p.m. and 11:45 p.m. on November 12th.

On search of defendant's home on the evening of November 12th, the police recovered three watches and a black onyx ring that were taken from the robbed store. At the request of defendant's wife, the officer conducting the search brought her back to police headquarters with him.

In the statement taken by the prosecuting attorney, defendant admitted the statement he gave to detective Casey was untrue, it was 'garbage'. Defendant stated that he, Clarence and Jeff went to the store to rob it; that he (defendant) drove the get away car, and that he was given some watches, some rings and about $50 by the other two after the robbery. (On search of defendant after his arrest, the police found $50 in his shoe.) Defendant said Jeff was armed with a P--38 and the other guy had a .38. Defendant further stated that Jeff gave him the .32 revolver the night of October 29, 1966 after the robbery, but that defendant knew nothing of the shooting until October 31, 1966. Thereafter, defendant said he questioned Jeff about the shooting and that Jeff admitted shooting a man in the store after the latter pulled a gun on Jeff.

Defendant was charged with and tried for first degree murder. C.L.1948, § 750.316 (Stat.Ann.1954 Rev. § 28.548). His defense was alibi. The jury convicted him of first degree murder. He was sentenced and he appeals.

At trial and after a Walker hearing,* the two statements given by defendant were admitted in evidence and read to the jury. On appeal, defendant claims error in the admission of the statement given to the prosecuting attorney because it was involuntary. The basis for the claimed involuntariness is that defendant says he gave the statement so that his pregnant wife could be released by the police to go home.

Whether we apply the 'clearly erroneous' standard of People v. Walker (1967), 6 Mich.App. 600, 149 N.W.2d 912, or examine the entire record and make an independent determination of the issue of voluntariness as prescribed by People v. Summers (1968), 15 Mich.App. 346, 166 N.W.2d 672 we reach the same result. Defendant's statement to the prosecuting attorney was properly admitted in evidence.

Although excerpts from the statement support defendant's assertion of involuntariness as does some of his testimony at the Walker hearing, all were uncorroborated, self-serving statements of defendant. Acceptance or rejection of these statements was dependent upon the credibility accorded defendant. When the manner of defendant's apprehension, his...