People v. Stevens
| Decision Date | 25 April 2000 |
| Docket Number | Docket No. 115057. |
| Citation | 461 Mich. 655,610 N.W.2d 881 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James Michael STEVENS, Defendant-Appellee. |
| Court | Michigan Supreme Court |
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Janet M. Boes, Assistant Prosecuting Attorney, Saginaw, for the people.
George C. Bush, Saginaw, for the defendant-appellee.
This is an interlocutory appeal arising from a circuit court's pretrial evidentiary ruling in a murder case. The defendant acknowledged his guilt during plea discussions that arose from proceedings pursuant to an investigative subpoena. The contemplated plea was never entered, and the question then arose whether his statements would be excluded at trial under MRE 410. The circuit court concluded that rule applied, but that the defendant had waived its protections, though the court limited use of most of the disputed evidence to rebuttal only. The Court of Appeals affirmed.
The prosecutor has filed an application for leave to appeal, arguing that, in light of the waiver, the statement should be admissible in the prosecutor's case in chief. We agree, and reverse the judgment of the Court of Appeals.
On the evening of May 6, 1988, the desk clerk of a Saginaw motel was the victim of a robbery. She was severely beaten on the head with a piece of pipe, resulting in her death. The police apparently suspected three men, defendant Stevens, his brother Richard Carlton, and Gerald Hudson. However, for several years they were unable to gather sufficient evidence to begin a prosecution.
The proceedings leading to the instant appeal began over eight years later, when the prosecutor requested investigatory subpoenas under the recently passed statute authorizing that procedure. 1995 PA 148, M.C.L. § 767A.1 et seq.; MSA 28.1023A(1) et seq. Under the statute, such court-authorized subpoenas allow the prosecutor to compel testimony during the course of a criminal investigation.
In early 1997, the 70th District Court signed an order authorizing issuance of such investigative subpoenas, one of which was served on defendant Stevens. As a result, there were several interviews with him. The first was on February 18, 1997. Present were the defendant; Assistant Saginaw County Prosecuting Attorney Richard King; Charles Brown, an investigator in the prosecutor's office; and a Saginaw Township police officer. No attorney was present for the defendant, though he had apparently consulted with the attorney who was representing him in other matters. At that interview the defendant refused to answer almost all questions, invoking the Fifth Amendment. Nothing he said at that interview is involved in the rulings by the lower court or the instant application.
At the time, the defendant was facing charges in two unrelated cases. On April 14, 1997, he contacted Investigator Brown, raising the possibility of a plea agreement that would dispose of all cases, including the 1988 motel robbery-murder. In a letter to defendant's lawyer, George Thick, Assistant Prosecutor King proposed an agreement that would allow the defendant to plead guilty to second-degree murder, home invasion, car-jacking, and to being an habitual (fourth) offender. The prosecutor would recommend concurrent minimum terms not exceeding thirty-five years. Under the proposed agreement there would be no charges filed against Richard Carlton, the defendant would testify against Gerald Hudson, and the defendant would be required to take and pass a polygraph examination. On April 28, 1997, the parties met again for proceedings under the investigative subpoena. The same four men who had been present on February 18 were there, as was attorney Thick. During that interview the defendant said that he had been present at the crime scene, but that it was Hudson who killed the victim.
Defendant took the polygraph examination on April 29, 1997, which he failed. He telephoned Investigator Brown on May 1, 1997, and was informed of the results. Brown then told attorney Thick about his conversation with the defendant.
Defendant called Brown again on May 5, 1997, saying that he wanted to talk to Brown without his attorney present. Brown called Thick to inform him of this request, and with attorney Thick's concurrence met alone with the defendant, recording a statement. Defendant again told of the robbery, this time admitting that he killed the victim.
On the following day, May 7, 1997, the investigative subpoena proceedings were renewed for the final time. Again present were Brown, the Saginaw Township officer, attorney Thick, and the defendant. Another assistant prosecutor, James Piazza, attended in place of King. The parties reviewed the plea agreement, and defendant again explained that he beat the victim to death with a piece of pipe.
At each of the four interviews the defendant was given warnings about the use of statements he might make.1 In introductory remarks at the May 7 interview, Assistant Prosecutor Piazza said:
You have been subpoenaed to testify regarding this investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do say may be used against you by State prosecutor's [sic] in a subsequent legal proceeding. If you have counsel and you do have Mr. George Thick here present, you will be permitted a reasonable opportunity to consult with counsel if you so desire. In other words if you have any questions and wish to talk to your attorney before answering any questions, just let me know and we will make available a room available [sic] for you to talk with your counsel in private. [Emphasis added.]
At the two earlier investigatory subpoena proceedings, Assistant Prosecutor King had made similar statements, telling the defendant that anything he said could be used "in a subsequent legal proceeding." Investigator Brown said that he told defendant on May 6 that anything he said, "will and can be used against you in a court of law."
On May 19, 1997, the defendant appeared in circuit court to enter the agreedupon plea. However, after the statement of the plea bargain, and the court's advice about the rights the defendant would be surrendering by pleading, the defendant said:
Your Honor, I think I've changed my mind, and I don't want to take this plea bargain.
As the case then proceeded toward trial, a dispute arose about whether defendant's admissions could be used against him. The circuit court conducted an evidentiary hearing on March 24, 1998, concerning the circumstances of the statements. The court rejected defendant's argument that his cooperation and the statements were the product of undue pressure.
The parties also argued the applicability of MRE 410, which provides, in part:
Inadmissibility of Pleas, Plea Discussions, and Related Statements
Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:
* * *
(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.
The circuit court held that the rule was inapplicable to the May 6 statement to Investigator Brown, but that it did apply to the inculpatory statements on April 28 and May 7. The court held that defendant "effectively waived the protection of MRE 410." However, the court said that the statements could be used only for rebuttal purposes.2
The prosecutor filed an application for leave to appeal to the Court of Appeals, which was granted. Ultimately, the Court issued a decision affirming the circuit court's ruling.3
The prosecutor has filed an application for leave to appeal to this Court.
As originally enacted4 MRE 410 was based on the corresponding federal rule, FRE 410.5 See People v. Dunn, 446 Mich. 409, 415, 521 N.W.2d 255 (1994). Following an amendment of the federal rule, we revised MRE 410 to make corresponding changes, effective October 1, 1991. The language of MRE 410(4), which governs the instant case, is identical to its federal counterpart.6
The question of waivability of the inadmissibility of statements in plea negotiations is one of first impression in Michigan.7 However, the United States Supreme Court has faced that issue in United States v. Mezzanatto, 513 U.S. 196, 115 S.Ct. 797, 130 L.Ed.2d 697 (1995). In that case, the defendant was charged with possession with intent to distribute methamphetamine. The defendant and his attorney asked to meet with the prosecutor to discuss the possibility of cooperation with the government. At the beginning of the meeting, the prosecutor told the defendant that he was not obliged to talk, but that if he wanted to cooperate he would have to be completely truthful. As a condition of proceeding with the discussions, the prosecutor said the defendant would have to agree that any statements he made could be used to impeach any contradictory testimony he might give at trial if the case went that far. The defendant and counsel agreed to proceed under those terms. The plea arrangements broke down because the government concluded that the defendant was not providing completely truthful information.
The case went to trial and the defendant testified in his own defense, denying knowledge that the package he delivered contained methamphetamine. Over defense objection the prosecutor was allowed to cross-examine the defendant with the inconsistent statements he had made during the plea discussions.
The U.S. Court of Appeals for the Ninth Circuit reversed defendant's conviction, taking the view that Congress must have meant to preclude waiver agreements such as that made in this case. United States v. Mezzanatto, 998 F.2d 1452,...
To continue reading
Request your trial
-
People v. Smart, Docket No. 314980.
...false statement. [Dunn, 446 Mich. at 414 n. 14, 521 N.W.2d 255 (citation and quotation marks omitted). See also People v. Stevens, 461 Mich. 655, 661 n. 4, 610 N.W.2d 881 (2000).]Thus, the amendment of MRE 410 added a required element that the statement subject to exclusion must have been m......
-
Reed v. Breton
...federal rules of evidence, 28 U.S.C. 2072(a), Congress originally enacted the federal rules, including FRE 301. People v. Stevens, 461 Mich. 655, 666 n. 10, 610 N.W.2d 881 (2000). Congress enacted this version of FRE 301 only after much debate on the different methods of rebutting presumpti......
-
People v. Walker
...rules are promulgated by four justices of the Michigan Supreme Court, not by the elected legislative body. See People v. Stevens, 461 Mich. 655, 666 n. 10, 610 N.W.2d 881 (2000). 19. Crawford, supra at 53, 124 S.Ct. 1354. 20. United States v. Cromer, 389 F.3d 662 (C.A.6, 2004). 21. Although......
-
People v. Farquharson, Docket No. 271783.
...a witness must be advised of his constitutional rights against compulsory self-incrimination. MCL 767A.5(5); People v. Stevens, 461 Mich. 655, 659 n. 1, 610 N.W.2d 881 (2000). A person served with an investigative subpoena must appear before the prosecuting attorney and answer questions con......