State v. Allies, 14305
| Decision Date | 10 January 1980 |
| Docket Number | No. 14305,14305 |
| Citation | 36 St.Rep. 2352,606 P.2d 1043,186 Mont. 99 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. Guy John ALLIES, Defendant and Appellant. |
| Court | Montana Supreme Court |
Mike Greely, Atty. Gen., Mike McCarter, Asst. Atty. Gen., argued, and Chris Tweeten, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., argued, Billings, for respondent.
Defendant, Guy John Allies, was charged with four counts of deliberate homicide and tried by a jury in the Thirteenth Judicial District Court for Yellowstone County. A verdict of guilty on four counts of the lesser included offenses of mitigated deliberate homicide was returned, and judgment of conviction was entered. Defendant appeals.
The crimes underlying the case came to the attention of the Billings police when, shortly before noon on November 11, 1976, the department received a call on its 911 emergency line. Over the phone, the police dispatcher heard screaming, a gunshot, and the sound of someone moving around. The call was traced and led police officers to a Billings residence where they found the bodies of Tom Tillotson; his wife, Terri; Mrs. Tillotson's six year old daughter, Sherri; and, the couple's two year old son, Montana. Each had been shot once in the head with a small caliber weapon. Mrs. Tillotson, who was found clutching the phone, had also been shot in the jaw.
Lt. Charles Hensley of the Billings police force immediately took charge of the investigation and continued to act in that capacity until the defendant was arrested. Assisting him, and figuring prominently in the case, were detectives Gordon Hirischi, George Bell and Jack Trimarco. Initially, the investigative team had little factual information. The adult victims were involved in area drug trafficking and large quantities of drugs, primarily marijuana and cocaine, were found at the scene of the crime. In addition, a light blue van had been parked in the neighborhood at the time the crimes were committed, and an unidentified man had been seen walking down the alley in back of the Tillotson house.
There was uncontradicted testimony that Lt. Hensley said there would be no drug-related arrests from any information received in connection with the homicide investigation. County Attorney Harold Hanser stated that no blanket immunity was given, and several officers said the leniency was limited to drug dealings with the victims.
During the investigation it was learned that the Tillotsons dealt in drugs with someone named John who drove a blue van. Defendant's name was first mentioned to police on November 17. He was identified by Tom Tillotson's business partner as a person whose connection with the Tillotsons was drug related.
On November 22, defendant voluntarily went to the Billings police station because he heard Lt. Hensley wanted to talk to him about the homicides. He was accompanied by Kathy Terry, a woman with whom he lived. Officer Hirischi met with defendant Allies and testified that, on this date, he did not view defendant as a suspect in the investigation. The conversation concerned defendant's relationship with the Tillotsons. He was not given his Miranda rights but was told that he would not be arrested on drug charges which could be brought as a result of his cooperation in the homicide investigation. According to Officer Hirischi, the immunity covered only transactions with the Tillotsons.
On November 23, defendant voluntarily returned to the police station, again accompanied by Kathy Terry. They were interviewed by Officers Hirischi and Bell. Defendant was asked about his activities on November 10 and 11 and about a gun he owned. The officers noted that Allies had trouble answering questions, could not keep names or dates straight and was possibly on drugs. Arrangements were made for Allies to take a polygraph examination.
The polygraph test took place on November 30 and was conducted by police Lt. Jere Wamsley. The results were not admitted in evidence, but Wamsley's report was available to the investigators. The test lasted approximately three hours, and defendant's participation was voluntary. Defendant said he had been drinking prior to the test and was on some type of medication. Nevertheless, his reactions during the first part of the examination were normal. When confronted with a diagram of the Tillotson house, defendant became "squirrely," and by the end of the interview he was "talking to the walls" and "completely out of it."
Between 10:00 and 10:30 a. m. on December 9, Officers Bell and Trimarco confronted defendant near his house and asked him to accompany them to the police station. Defendant said he had not eaten breakfast but would be down once he had. He voluntarily presented himself at the station around 11:00 a. m. and was taken to a 12' X 12' room on the fourth floor. Here he was isolated and questioned for approximately four hours by Officers Bell and Trimarco. He had not had anything to eat but was under the influence of a large quantity of drugs namely, methamphetamine, triavil and morphine. Before the session began, Bell read defendant his Miranda rights off a card and defendant signed a waiver printed on the back of the card. Officer Trimarco testified that defendant understood his rights and did not, at this or any other time during the session, ask for an attorney.
The officers attempted to employ a "Mutt and Jeff," or a "mean cop nice cop" At first defendant's story was consistent with what he had earlier told Detective Hirischi. He said he was working on his van at a rented garage when the murders occurred and had returned home about 1:00 or 2:00 p. m. on November 11. After about twenty minutes, Trimarco advised defendant that they did not believe his story, that he was a suspect in the homicides, that they knew he was the killer, and that he had positively been placed at the scene of the crime.
method of interrogation during the first part of the session. One of the officers testified that he got a "little emotional" during the interview. Allies described the officers as generally rough, harsh and obnoxious. Both officers eventually told defendant that if he needed psychiatric help, it was available. He was also told something was wrong with the November 30 polygraph test and that the officers Knew he was the murderer. He was accused of the crimes on several occasions, and the questioning [186 Mont. 104] concentrated on how he could live with himself after committing such brutal acts. In employing this "guilt assumption" method of interrogation, both officers freely concede they lied to defendant about what they knew of his connection to the homicides. They told him he had been positively identified and placed at the scene of the crime.
Defendant then changed his story. He stated that he had "blacked out" as he was changing oil and "came to" at a grocery store near the Tillotson house. He said he could not remember where he was at the time the crimes were committed. During the questioning, defendant was shown a portrait of the Tillotson children as well as a picture of Mrs. Tillotson as she was found on November 11. Defendant became upset and very depressed at the idea he could have committed such an act. He began to sob and threatened to commit suicide. He told the officers of his heavy drug use; that he believed the "Space Brothers" had landed in Wyoming and were exerting an evil influence over him; that he believed in witchcraft; and, that his ex-wife was a witch who had placed an evil curse on him.
Defendant says he was suffering from drug withdrawal and at about 3:00 p. m. asked for food to relieve his discomfort. The officers do not recall such a request. Allies said he thought he needed psychiatric help, and the officers expressed the opinion that his problem was medical or mental rather than criminal. Hospitalization at Warm Springs was mentioned.
During the interrogation, the officers told defendant they were not "too concerned with" drugs; rather, they were seeking information or evidence pertinent to the Tillotson homicides. They said they would like to search his house and van for homicide evidence, and defendant executed the following consent to search:
"I, Guy John Allies,
GIVE Det. Bell and Trimarco WHO HAVE IDENTIFIED THEMSELVES AS POLICE OFFICER(S) FOR THE CITY OF BILLINGS, YELLOWSTONE COUNTY, DO HEREBY CONSENT TO HAVE THEM SEARCH MY HOME OR PROPERTY LOCATED AT 628 No. 14 1965 GMC Van Blue AND I HAVE ALSO BEEN ADVISED THAT I DO NOT HAVE TO GIVE THESE OFFICERS PERMISSION TO SEARCH MY HOME AND PROPERTY. I AM GIVING THIS CONSENT WITHOUT ANY THREATS OR PRESSURES OF ANY TYPE USED AGAINST ME.
Bell and Trimarco left defendant's presence about 3:45 p. m. and were engaged in searching the house and van from about 4:00 to 7:30 p. m. Meanwhile, defendant was left in the fourth floor room. Because of his suicide threats, he was "watched" by Officers Ward and Millard. Allies testified that during this time he asked Ward when he would be allowed to see an attorney and that he was told to wait until Bell and Trimarco returned. Ward denies that this occurred.
During the afternoon, both Lt. Hensley and Harold Hanser, the Yellowstone County Attorney, had been posted on the progress of the interrogation. At approximately 4:15 p. m., Hanser contacted Dr. Bryce Hughett, a psychiatrist employed by the State. Hanser informed him there was a suspect in the Tillotson homicides who could not remember where he had been when the crimes were committed. He also said the suspect had indicated a desire to see a psychiatrist and asked Hughett to come down.
On arriving at the station, Hughett was further...
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State v. Ackward, No. 91,755.
... ... In addition to Frazier, he cites State v. Allies, 186 Mont. 99, 606 P.2d 1043 (1979), which has been overruled, and State v. Cochran, 72 Or.App. 499, 696 P.2d 1114 (1985). In Cochran, a police ... ...
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... ... have inevitably "been discovered without reference ... to" the information obtained from the prior ... illegality-quoting State v. Allies, 186 Mont. 99, ... 118, 606 P.2d 1043, 1053 (1979)); State v. Dasen, ... 2007 MT 87, ¶¶21-22, 337 Mont. 74, 155 P.3d 1282 ... (second search ... ...