Roberson v. Com.

• Decision Date: 23 February 2006
• Docket Number: No. 2004-SC-001026-MR.,2004-SC-001026-MR.
• Citation: 185 S.W.3d 634
• Parties: Jamin ROBERSON Appellant, v. COMMONWEALTH OF KENTUCKY Appellee.
• Court: United States State Supreme Court — District of Kentucky

185 S.W.3d 634

Jamin ROBERSON Appellant, v. COMMONWEALTH OF KENTUCKY Appellee.

No. 2004-SC-001026-MR.

Supreme Court of Kentucky.

February 23, 2006.

Shelly R. Fears, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Counsel for Appellant.

Gregory D. Stumbo, Attorney General of Kentucky, George G. Seelig, Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, Counsel for Appellee.

SCOTT, Justice.

I. INTRODUCTION

Appellant, Jamin Roberson, entered a conditional plea of guilty to Murder and Burglary in the First Degree. As a condition to his plea, Appellant reserved the right to appeal the Warren Circuit Court's denial of his motion to suppress statements made to officers of the Bowling Green Police Department subsequent to his arrest and issuance of Miranda warnings. Appellant was then given a sentence of imprisonment for life. Appellant now appeals to this Court as a matter of right pursuant to Ky. Const. § 110(2)(b), arguing that the trial court committed reversible error in denying his motion to suppress statements made to police after having been read his Miranda warnings and requesting assistance of counsel. Having reviewed the record, we affirm the trial court.

II. FACTS

On February 24, 2003, Appellant was arrested at a residence on Highland Way in Bowling Green, Kentucky, during the early morning hours by Detective Barry Railey and Detective Bragg of the Bowling Green Police Department for the February 21, 2003, murder of Hal Dajuan Holder during the burglary of the victim's residence. A co-defendant, Shannon, was also arrested at this time, but is not a party to this appeal. At the time of the arrest, Det. Bragg advised Appellant of his Miranda rights and Appellant responded by unequivocally stating that he desired to have a lawyer. Rita Taylor, Appellant's mother, was also at the residence on Highland Way and was advised that her son was being arrested for murder and that she might want to secure an attorney for the Appellant. The arresting officers also advised Ms. Taylor that Appellant would be taken to the police station and that she could meet them there if she so desired. Ms. Taylor responded that she could not afford an attorney to act on behalf of Appellant.

During a suppression hearing on August 8, 2003 testimony revealed that, upon arriving at the police station, Det. Railey told Ms. Taylor that there was blood evidence against Appellant, that it was a death penalty case, and that there was nothing she could do for her son. In response, Ms. Taylor stated that she knew "from TV" that if Appellant spoke to the police, he might receive more favorable treatment. She then requested to speak with Appellant and was allowed to do so. Det. Railey testified that he told Ms. Taylor she could not be asked to act on behalf of the police in speaking with her son. Additionally, Appellant asked to speak with his pastor, which he was also allowed. After speaking with Appellant, Ms. Taylor informed Det. Railey that Appellant desired to speak with the detectives concerning the robbery and murder. Prior to taking any statements from Appellant, the police again read Appellant his Miranda rights after which he gave the incriminating statement which formed the basis for his motion to suppress. Then-Judge Tom Lewis apparently denied the motion to suppress although no order in the record reflects that ruling.

Upon retirement of Judge Lewis, former Commonwealth's Attorney Steve Wilson was elevated to the Warren Circuit Court bench. The case ultimately arrived in the division of Warren Circuit Court Judge John Grise because Wilson had been involved in Appellant's arrest and interrogation. Appellant then filed a motion to reconsider his earlier motion to suppress due to the change in court personnel. In denying the motion to reconsider, Judge Grise indicated he had some evidentiary questions that were left unanswered from the August 8, 2003, hearing. In particular, Judge Grise asked why Appellant was taken to the police station and not the jail, why his mother was asked to go to the police station, and why the Department of Public Advocacy (DPA) was not called during the Appellant's custody at the police station between 2:00 and 3:00 A.M. Subsequently, a supplemental suppression hearing was held on August 31, 2004, to address the questions raised by Judge Grise.

During the supplemental suppression hearing, now-Judge Steve Wilson testified on behalf of the Commonwealth and explained that Appellant and co-defendant Shannon were taken to the police station because Shannon desired to make a confession. Wilson also testified that Appellant's mother was asked to come to the police station because of Appellant's age at the time of the arrest (he was 19 at that time). Wilson stated that he agreed to let Ms. Taylor speak with Appellant, but told her there were no promises given concerning her discussion with the Appellant.

Det. Railey also testified at the supplemental hearing that it was not uncommon to take suspects to the police station for processing and further paperwork although he admitted that Appellant did not have to be taken to the police station to complete the paperwork. Det. Railey also stated he did not know why the DPA was not called. Further, Det. Railey testified that there had been no "plan" to get the Appellant to talk by allowing his mother and pastor to speak with him. Testimony by Det. Railey also revealed that the police had planned prior to the arrest to take both men to the police station to facilitate administrative processing of the investigation.

On September 13, 2004, Judge Grise denied the supplemental motion to suppress and found that Appellant had knowingly, intelligently and voluntarily waived his right to counsel and right to remain silent prior to his confession and that Appellant, not the police, reinitiated communication after Appellant's previous request for counsel. In its order, the trial court noted that there was no evidence of any scheme or covert attempt to use Ms. Taylor as a conduit for the police to interrogate Appellant. Rather, the trial court found that Ms. Taylor was asked to go to the police station because she appeared interested in her son's fate and as a courtesy was allowed to go to the police station if she wished. Ms. Taylor's testimony showed that now-Judge Steve Wilson told her at the police station that there was nothing she could do and she should go home. Furthermore, the trial court found that Ms. Taylor had asked to speak to Appellant, and there was no evidence Det. Railey and the other detectives asked her to speak with Appellant for them. The trial court found that the detectives explicitly told Ms. Taylor she could not be asked to speak with Appellant on behalf of the State.

Finally, in addressing the fact that the DPA was never called, the trial court found that there was no duty on behalf of the police officers or the Commonwealth's Attorney to contact the DPA in order to secure an attorney for Appellant. Testimony showed that Wilson did not feel it was necessary to do so because he "expected no further interrogation of the defendant and an attorney . . . would only have told the defendant not to talk with the police," and the police never intended to speak with Appellant anyway in light of his request for an attorney.

Appellant then entered a conditional plea of guilty to the charges on September 16, 2004, preserving for appeal the suppression issues. He was subsequently sentenced to life in prison with parole eligibility.

III. ANALYSIS

A. Standard of Review

This Court has held that RCr 9.78 provides the standard for appellate review of a trial court's determination regarding suppression motions. "If supported by substantial evidence the factual findings of the trial court shall be conclusive." RCr 9.78. See also Davis v. Commonwealth, 795 S.W.2d 942 (Ky.1990). "When the findings of fact are supported by substantial evidence . . . the question necessarily becomes, `whether the rule of law as applied to the established facts is or is not violated.'" Adcock v. Commonwealth, 967 S.W.2d 6, 8 (Ky.1998) (quoting Ornelas v. United States, 517 U.S. 690, 697, 116 S.Ct. 1657, 1662, 134 L.Ed.2d 911 (1996)). Our Court of Appeals had held that "[t]he second prong involves a de novo review to determine whether the court's decision is correct as a matter of law." Stewart v. Commonwealth, 44 S.W.3d 376, 380 (Ky.App.2000) (citing Adcock v. Commonwealth, 967 S.W.2d 6, 8 (Ky.1998); Commonwealth v. Opell, 3 S.W.3d 747, 751 (Ky.App.1999)). It should be pointed out, however, that "a reviewing court should take care both to review findings of historical fact only for clear error and to give due weight to inferences drawn from those facts by resident judges and local law enforcement officers." Ornelas v. United States, 517 U.S. at 699, 116 S.Ct. at 1663.

B. Trial Court Properly Denied Appellant's Motion to Suppress

1. Denial of Motion to Suppress was based on substantial evidence.

Having again enunciated the standard of appellate review for a trial court's determination regarding a motion to suppress, this Court must first decide if the Warren Circuit Court's denial of Appellant's motion to suppress is supported by substantial evidence. We believe it is.

In this case, Appellant unequivocally invoked his right to have counsel present at his interrogation and to remain silent until a lawyer was provided to him. Testimony revealed, however, that his mother convinced him to speak to the police without the assistance of an attorney. Furthermore, the record shows that the police in no way coerced Ms. Taylor to speak with Appellant and likewise made no promises to her in allowing her to speak with him. Det. Railey testified that, when Ms. Taylor requested to speak with Appellant, he told her that she could not be asked to act on behalf of the police in speaking with Appellant. Moreover, now-Judge Steve...