State v. Bloor

• Decision Date: 04 October 1961
• Citation: State v. Bloor, 229 Or. 49, 365 P.2d 103, 73 Adv.Sh. 273 (Or. 1961)
• Parties: STATE of Oregon, Respondent, v. William D. BLOOR, Appellant.
• Court: Oregon Supreme Court

Page 103

365 P.2d 103

229 Or. 49

STATE of Oregon, Respondent, v. William D. BLOOR, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted Sept. 13, 1961.

Decided Oct. 4, 1961.

Robert G. Ringo, Corvallis, argued the cause for appellant. On the brief were Ringo & Walton, Corvallis.

J. Alfred Joiner, Dist. Atty., for Benton County, and Robert M. Gordon, Deputy Dist. Atty., for Benton County, Corvallis, argued the cause and filed the brief for respondent.

Before McALLISTER, C. J., and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and BRAND, JJ.

ROSSMAN, Justice.

This is an appeal by the defendant from a judgment which the circuit court entered December 14, 1960, upon his plea of guilty to an indictment which charged him with the rape of his 13 year old daughter. (ORS 163.220). The indictment was returned by the grand jury of Benton County. The judgment sentenced the defendant to imprisonment in the state penitentiary for a term not exceeding 13 years.

The defendant presents two assignments of error. The first challenges a ruling which denied his motion to set aside his plea of guilty. The motion was based upon the ground that 'in the arraignment of the defendant, the Court failed and neglected to inform the defendant of his right to counsel as required by ORS 135.310 and ORS 135.320, and upon Article I, Section II, Oregon Constitution.' The second assignment of error charges that the circuit court erred when it denied the defendant's motion 'to permit him to withdraw his plea of guilty and substitute therefor a plea of not guilty.' That motion presented contentions that the defendant was in a 'state of shock' at the time of the arraignment, that the district attorney knew that he (the defendant) denied the commission of the alleged crime, that the district attorney unfairly persuaded the defendant to plead guilty, and that the defendant was in fact innocent of the purported crime.

This case has undergone a considerable pilgrimage in the courts, and a narrative of some of its previous episodes is essential to render the assignments of error understandable.

After the defendant's arrest he told the sheriff that he would like to speak to the district attorney and thereupon the latter called upon him. The following testimony given by the district attorney, John Fenner, has not been contradicted:

'I introduced myself to Mr. Bloor. I said I am John Fenner, I am the District Attorney and you don't have to talk to me if you don't want to. I understand you want to make a statement. He said that--something to the effect that God had spoken to him and that he wanted to make things right, or words to that effect. So I said, 'Well would you like to make a statement?' And he said, 'Yes.' I said, 'Well, I will get a pencil and paper.' And he said, 'Well, I don't write very well.' I said, 'Well, we can make a statement on a recording at my office if you wish.' and he said, 'All right.' So that was the extent of the conversation at the jail.'

The above having taken place, the sheriff brought the defendant to the district attorney's office where the ensuing questioning was recorded. The record of the questions and answers is an exhibit in this case. It has been transcribed and covers four pages. Each page was signed by the defendant. No one questions the accuracy of the transcription although the defendant, by stating that he does not remember, does not concede that the four pages are an accurate statement of the conversation.

According to the four pages, Mr. Fener began the interview by telling the defendant that he was not required to say anything and that he was entitled to have an attorney if he wished one. The defendant replied that he wished to make a statement and that he did not care for an attorney.

We now quote from the transcribed statement which designates Mr. Fenner with the letter 'F', the defendant with the letter 'B' and the sheriff (Mr. Lilly) with the letter 'L'.

'(F) Then it is your wish Mr. Bloor that at this time to make a statement regarding this matter connecting with your daugher and wife?

'(B) All I can say is just what I said before.

'(F) And what did you say before Mr. Bloor?

'(B) A man that would do anything like that is surely possessed of the devil.

'(F) And did you have intercourse with * * * [your daughter] Mr. Bloor?

'(B) Sir I don't know that. I don't know that. I remember fooling with her yes, but as far as that I don't know and I didn't ever think so.

'(F) I am referring to sexual intercourse Mr. Bloor.

'(B) That is what I mean sir, I didn't think that I had ever really.

'(F) Now, we have a statement from * * * [your daughter] Mr. Bloor. Is * * * [she] a truthful child?

'(B) Oh, yes sir she is.

'(F) Now * * * [your daughter] said that on the night of December 10th that you required her to have intercourse, sexual intercourse, with you in the jeep, is that right?

'(B) If she said so sir it is the truth.

'(F) Do you remember it?

'(B) I have got some faint remembrance of fooling with her yes, I have got that. I have honest, but I don't remember of.

'(F) Now do you recall how long a period you have been fooling with * * * [your daughter]?

'(B) No sir, I don't remember. It is just like a dream the whole thing anyway.

* * *

* * *

'(F) Do you remember going down to Alsea with * * * [your daughter] on a week ago Wednesday, which would be December 10th, in the evening?

'(B) Yes sir, I remember going.

'(F) Had you been drinking that night?

'(B) Yes sir I had.

'(F) How much did you have to drink?

'(B) I don't know but it was quite a bit I know that.

'(F) And on this occasion what possessed you to have sexual intercourse with * * * [your daughter]?

'(B) Oh sir, I don't know. The devil has got to me. Lack of self control, and just not being on the right side of God is the main thing.

'(F) Sheriff Lilly do you have anything you want to ask Mr. Bloor?

'(L) Can't you give us a little clearer picture of this than you have given us already?

'(B) I will tell you aything I can from now on I am going to be as honest as I can possibly be. Anything that you ask me and I know it I will tell you. That is the truth so help me God.

'(L) This last time do you remember going to Alsea?

'(B) Yes sir I do.

'(L) To get some groceries?

'(B) Yes sir I do, I remember going to Alsea and I do remember of what you have been telling me I remember about fooling with * * * [my daughter], but as far as actual intercourse I don't remember that.

* * *

* * *

'(L) Had you been drinking that evening?

'(B) Yes sir I had. I didn't even think about it or realize it until they come and got * * * [my daughter] and didn't bring her back and the wife came out to find out why and then when she told me I remembered drinking like the dickens. I had a bunch of stuff out in my shop and I was drinking it before I ever went to town, and I believe I got some more after I got up there.

'(L) What were you drinking?

'(B) Everything.

* * *

* * *

'(F) Before you got home what did you do?

'(B) I don't remember, I told you I fooled with her yes, I don't remember if we went on down the highway from our place or just where we stopped, I don't remember sir, I don't remember. I know that we did though, I remember that.

'(L) And you had her with you when you got back to the house?

'(B) Oh yes, she was with me.

'(F) Now when you said you fooled with her you mean you had sexual intercourse with her?

'(B) Well sir, I told you and this is an honest fact, I don't remember of that. I don't remember of that. I might have fooled with her in that way, but as far as actual intercourse, I don't ever remember that.

'(F) Well * * * [your daughter] said you did.

'(B) Well if she did it is the truth. I, I * * *

'(F) Well Mr. Bloor is there anything else you would like to say on your behalf, an explanation or anything else you would like to say to go on the record.

* * *

* * *

'(F) You understand that in this record you made voluntarily?

'(B) Yes, voluntarily on my part and if there is anything that I can tell you that is the truth I will do it, I don't care. I just hope that that girl and her mother and all of them forgive me that is all I hope regardless of what happens to me. I'll suffer, I have done it and I will suffer for it.

'(F) This is the end of a statement being given by William D. Bloor in the office of John Fenner, District Attorney, in the presence of John Fenner and Sheriff Lilly. This is the 19th day of December, 1958, and it is now approximately 10:00 a. m.'

Immediately following the statement is the defendant's signature. It appears also on each of the other three pages.

The above statement has not been contradicted by the defendant. When some of its parts were read to him he replied that he could not recall whether he made them or not. His principal contention was that the district attorney persuaded him to plead guilty by telling him that it would save embarrassment for his daughter and other members of his family. The recording of the conversation makes no mention of any statement of that kind, and the district attorney denies that he spoke to the defendant upon that subject. It is agreed that he had only one interview with the defendant.

December 23, 1958, being a day or two after the defendant's visit in the office of the district attorney, he was arraigned before the Honorable Fred McHenry, judge of the Circuit Court for Benton County. He pled guilty. A complete portrayal of the defendant's appearance before Judge McHenry is set forth in Bloor v. Gladden, Or., 363 P.2d 57. At the time of the arraignment both the defendant's father and older sister were in the courtroom. The father had called upon the defendant shortly after the latter had made his statement to the district attorney. According to the father, the defendant was 'in a state of shock,' when he visited him. He added that his son 'wouldn't listen to me. I wanted to talk to him about bail and a lawyer and he said he had already talked to the district attorney...