People v. Trujillo

• Decision Date: 28 April 1997
• Docket Number: No. 97SA12,97SA12
• Citation: 938 P.2d 117
• Parties: 21 Colorado Journal 594 The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Daniel Bernard TRUJILLO, Defendant-Appellee.
• Court: Colorado Supreme Court

Page 117

938 P.2d 117

21 Colorado Journal 594

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Daniel Bernard TRUJILLO, Defendant-Appellee.

No. 97SA12.

Supreme Court of Colorado, En Banc.

April 28, 1997.

Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, David R. Juarez, Deputy District Attorney, Brighton, for Plaintiff-Appellant.

David F. Vela, Colorado State Public Defender, Jaydee K. McPhetres, Deputy State Public Defender, Brighton, for Defendant-Appellee.

Justice SCOTT delivered the Opinion of the Court.

Pursuant to C.A.R. 4.1, ¹ the People have filed this interlocutory appeal from a ruling in which the Adams County District Court (trial court) suppressed statements made by the defendant, Daniel B. Trujillo, during an interview conducted at the Thornton police station. During the interview, the defendant made statements before and after he was given his Miranda warnings. ² The trial court suppressed the pre-Miranda statements after concluding the defendant had been subjected to custodial interrogation. The trial court also suppressed the post-Miranda statements, deeming the Miranda warning, once given, insufficient to purge the taint of the initial improper questioning because the Miranda warning "should have been given when the custodial interrogation began."

Due to the absence of findings of historical fact resolving conflicting testimony, we are unable to review the trial court's conclusion that the defendant was subjected to custodial interrogation. Thus, we vacate the trial court's ruling suppressing defendant's pre-Miranda statements. Regarding the defendant's post-Miranda statements, we conclude that because the trial court later found that all the defendant's statements were made voluntarily, as a matter of law, the trial court's ruling suppressing the post-Miranda statements cannot stand. Accordingly, we reverse the trial court's ruling suppressing defendant's pre- and post-Miranda statements, and we remand with directions that the trial court conduct further proceedings as it deems appropriate, to make findings of fact regarding whether the defendant was subjected to custodial interrogation before he was advised of his Miranda rights.

I

We draw the facts of this case from the testimony of several witnesses at the motions hearing held before the trial court on January 3, 1997. The trial court heard the testimony of the defendant, the defendant's wife, Lena L. Trujillo (Mrs. Trujillo), Detective Richard A. Archer (Detective Archer) and Officer Steve Atkins (Officer Atkins) of the Thornton Police Department, and the victim's parents. While there were several conflicting statements in the testimony of the various witnesses regarding the interview, before entering its ruling, the trial court did not make any findings of fact distinguishing the materially different versions of the interview. Thus, where appropriate, certain statements of fact will be attributed to a particular witness. Unless contradicted, other facts appearing in the testimony of witnesses are accepted as true for purposes of our review.

A

On April 27, 1996, S.D., a minor child (the victim), was spending the night at the home of adult friends of his parents. According to the testimony of the victim's parents and the investigating officer, Detective Archer, the defendant entered the bedroom where the victim was sleeping, ³ approached the victim, put his hand into the victim's pants, and touched the victim's "private parts." In response, the victim immediately left the bedroom and went to the living room, returning to the bedroom only after the defendant had left.

At approximately 5:00 p.m. on April 28, 1996, the victim told his parents what had occurred early that morning while he slept at the friends' home. The victim's parents called the police and Officer Atkins responded to the call. Officer Atkins talked to the victim and aided him in completing a handwritten report detailing the incident.

The case was assigned to Detective Archer. In May, a representative from the Adams County Department of Social Services (Social Services) visited the defendant and his wife (the Trujillos) at their home. During the visit, the representative told the Trujillos that they would hear from the detectives in approximately two weeks. By early June, however, the Trujillos had not been contacted by the Thornton Police Department. Mrs. Trujillo attempted to contact Detective Archer on several occasions. Because the Trujillos were planning to move to Florida in July, Mrs. Trujillo called Detective Archer to inquire about the investigation and to determine whether they could proceed with their plans to move.

At the request of Mrs. Trujillo, Detective Archer agreed to meet with the defendant and all agreed the meeting would take place on June 17, 1996, at the Thornton Police Department. Approximately ten minutes after the Trujillos arrived at the police station on the morning of June 17, Detective Archer greeted them and informed the defendant that the interview would only take place if the defendant wanted to talk to the police. The defendant indicated that it was his desire to meet with Detective Archer to discuss the incident. The detective then escorted the defendant through a locked door between the public area of the police station and the detectives' area. After passing through the locked door, they continued through the detectives' area into an interview room.

Detective Archer testified that he began the interview by trying to "establish a rapport with Mr. Trujillo." Once Detective Archer had obtained certain background information, including the defendant's full name and date of birth, he informed the defendant of his police background in investigating cases. Both the detective and the defendant testified that the tone of the interview at this point was conversational. ⁴

As to what followed, there are significant discrepancies between the testimony of Detective Archer and the testimony of the defendant. First, there is disagreement regarding whether the detective left the room during the interview and whether the door to the interview room was locked. When asked, "Did you ever leave the interview room?" Detective Archer testified, "Prior to the interview being concluded, I don't believe I did." The detective also stated that, although the door to the detectives' area was locked, the door to the interview room itself was not locked. Conversely, the defendant testified that Detective Archer did leave the interview room before he was given his Miranda advisement and before the interview was completed. In addition, the defendant testified that when the detective left the room he was told, "If you need to go to the bathroom or need anything, you're going to have to knock on the door because it is locked." Thus, the defendant, contrary to the testimony of the detective, testified that the door to the interview room was locked.

Also unresolved is the dispute in the testimony given by the defendant and Detective Archer regarding the alleged confession. Detective Archer testified that the defendant admitted, "I did it, all of it, but I don't know why." The defendant testified that he did not make such a statement, ⁵ rather he said, "If that's what [the victim] said," in response to the questions the detective asked pertaining to the victim's statement. The defendant testified that he only answered that way to "get closure on it" and to "move it along."

While it is undisputed that the Trujillos initiated the contact with Detective Archer and that it was on their request that the interview occurred, there is disagreement about the length of the interview. Detective Archer testified that the interview was short, lasting for less than an hour. In contrast, the defendant and Mrs. Trujillo testified that they were at the Thornton Police Department for a much longer period of time and that the interview continued for approximately two hours.

The defendant also testified that he was relaxed during the initial portion of the interview and that he felt that he was free to leave at any time. On direct examination, defense counsel asked, "From the point that you entered the detective bureau through the first locked door, did you feel like you were free to leave?" The defendant replied, "At first, yes, when I went through the detective door." The defendant also testified that when they arrived at the interview room, Detective Archer said, "You're not arrested or anything. You know, you can leave." While the defendant testified that initially the tone was conversational, he also testified that the detective's statements were actually specific questions to which he felt pressure to answer. He also testified that once Detective Archer informed him that the door was locked and left the room, he did not feel free to leave. ⁶

It is undisputed that Detective Archer presented the defendant with a Miranda advisement form. The defendant testified that Detective Archer presented the advisement form after he returned to the interview room; however, Detective Archer testified that he never left the interview room.

The defendant testified that after Detective Archer returned to the interview room and gave him his Miranda advisement, the questions became more demanding and accusatory. The defendant stated that Detective Archer discussed the "easy way" and the "hard way" to proceed with the case. The defendant testified that based on the detective's statements, he understood the "easy way" to be a promise of "probation, counseling, and [allowing the Trujillos to move] to Florida" if he was to confess and the "hard way" to involve being arrested immediately, having his kids taken away by Social Services, and being forced to take a drug to diminish his sex drive. Detective Archer, however, denied that he mentioned any drugs, but admitted that he explained to the defendant that there...