State v. Bradford

• Decision Date: 08 June 1999
• Docket Number: No. 16131-5-III,16131-5-III
• Court: Washington Court of Appeals
• Parties: STATE of Washington, Respondent, v. Ted Louis BRADFORD, Appellant.

Page 534

95 Wn.App. 935

978 P.2d 534

STATE of Washington, Respondent, v. Ted Louis BRADFORD, Appellant.

No. 16131-5-III.

Court of Appeals of Washington,

Division 3,

Panel Five.

June 8, 1999.

Suzanne L. Elliott, Seattle, for Appellant.

Bruce Hanify, Deputy Prosecuting Attorney, Yakima, for Respondent.

KURTZ, J.

Ted Louis Bradford was convicted of first degree rape and first degree burglary. On appeal, Mr. Bradford contends the court erred in admitting statements he made to police officers during an interrogation that was commenced while he was in custody on other charges. Mr. Bradford asserts the statements were obtained in violation of his rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and article I, section 9, of the Washington Constitution. Mr. Bradford further contends the State violated CrRLJ 3.2.1(d)(1) by unilaterally rescheduling his arraignment on the other charges so that the interrogation related to the rape incident could proceed without interruption. In addition, Mr. Bradford asserts the court erred in calculating his offender score. He also contends he received ineffective assistance of counsel when his trial attorney failed to object to the miscalculation of his offender score. We conclude Mr. Bradford's confession was admissible and affirm his convictions.

FACTS

Crime. On the morning of September 29, 1995, K.S. was raped in her home. Ms. S. was in the living room feeding her one-month-old infant, when she heard an unfamiliar noise, peeked around the archway, and saw a man wearing a white nylon stocking as a mask. Ms. S. attempted to run with her baby, but the man grabbed her from behind and she ended up on the floor with her infant in her arms. The man straddled her and covered her face with his hand. The man told her not to look at him, but permitted her to place her screaming infant in the crib.

The man had on black jeans, a dull red and blue checkered flannel jacket, and white gloves. Although the man was wearing a white stocking over his head, Ms. S. could see that he had dark hair or dark blonde hair. Ms. S. was certain the man was a Caucasian or a light-skinned Hispanic. She described him as "thick," like a bodybuilder, but with a "little bit of a gut." Slightly less than five feet tall, Ms. S. described her assailant as about six feet tall or "half a head" taller than her husband. She stated that the man standing in her home "was a giant to me."

The man took her to the basement and ordered her to put on a mask over her face. From a small, black bag, he removed a pair of handcuffs. The man handcuffed her hands behind her back, undid her pants, pulled them down, and pushed her to the floor, facedown. The man straddled her and attempted vaginal penetration but was unsuccessful because he was "soft." The man then attempted anal penetration and was partially successful. Ms. S. did not believe that the man ejaculated.

The man then pulled Ms. S. up by her pants and led her upstairs. The man went through her purse and took two dollars. He also asked how much gas was in her van. When she answered "nine gallons," the man said, "Damn, not enough." Ms. S. asked if she could go to her baby, who was still crying. The man took off the handcuffs and used a coat hanger to tie her to the crib by some of her belt loops. She still had the mask on her face. The man commented, "Spunky kid, huh?" He left, and Ms. S. heard a vehicle driving quickly away from the house, loud, "like ... a bad muffler or one of those big four by fours with a big muffler."

Confession. In March 1996, the Yakima Police Department was investigating several indecent exposure reports. The investigation linked Mr. Bradford's white Toyota to the crimes. On March 11, Detective Rodney Light questioned Mr. Bradford about the crimes, first at Mr. Bradford's place of employment, and later at the police station. Mr. Bradford confessed and gave a statement to the detective. At both of these sessions, Mr. Bradford was read his Miranda ¹ rights. Mr. Bradford was released after the questioning.

Because the rape case and the indecent exposure incidents had occurred in the same neighborhood, and because they both involved a suspicious car matching Mr. Bradford's Toyota, Detective Light and another detective assigned to that case, Detective Joseph Scherschligt, decided to interview Mr. Bradford. They discovered he had been arrested and jailed the previous day, a Sunday, on the lewd conduct charges. Shortly after 9:00 A.M., on Monday, April 1, the two detectives brought Mr. Bradford to an interrogation room at the police station. Once there, the two detectives informed Mr. Bradford that they wanted to talk to him about a "serious assault," and informed him of his Miranda rights. Mr. Bradford stated that he understood his rights, but would waive them and talk to the detectives.

Mr. Bradford denied any involvement in the rape. He initially told police he had been at work at the time of the incident, but changed his story when police informed him they had information indicating that he had missed work that day. When Detective Light asked Mr. Bradford if he could have been home that day, Mr. Bradford responded that he was with his wife all day and that she drove him to the doctor's office. Mr. Bradford also told police that his wife would know whether he worked that day. Mr. Bradford later testified that he changed his story because "I did not think that detectives would lie to me and say that I was not at work if I was not."

Mr. Bradford was asked whether he would be willing to take a polygraph, and he agreed. As part of the polygraph procedure, Mr. Bradford was again advised of his Miranda rights. The polygraph examination started about 10:15 A.M. and ended at about 1:15 P.M.

During the polygraph examination, at approximately 11:00 A.M., Detective Light telephoned City Prosecutor Susan Woodard and was informed that Mr. Bradford had been arrested over the weekend and probably had a 1:30 P.M. court appearance. Detective Light told Ms. Woodard that Mr. Bradford would not be able to make his afternoon arraignment, as he was still being interviewed with regard to a rape investigation. Ms. Woodard asked the clerk's office to set the arraignment over for a day.

During the polygraph examination, Detective Light also telephoned Carrie Bradford to inquire about Mr. Bradford's whereabouts on the day of the incident. Detective Light later testified that Mrs. Bradford told him that she and Mr. Bradford had slept in the morning of the surgery. Mrs. Bradford later denied making this statement. She testified that she told Detective Light that she alone had slept in the day of the surgery.

After the polygraph examination had concluded, approximately 15 minutes before Mr. Bradford should have been taken to court for his preliminary appearance, the examiner asked him whether he wanted to go back to jail or continue talking with detectives. Mr. Bradford said he wanted to talk to the detectives. He was not informed about the rescheduling of his arraignment. He was asked, however, if he wanted anything to eat or drink. Mr. Bradford stated that he did not, but he told the officers that he wanted to talk to his wife. Mr. Bradford was given access to a telephone and left alone.

Later Mr. Bradford was taken back to the interview room where his interrogation was continued. The interview was interrupted at 2:15 P.M. when the detectives were informed that an attorney was out in the hall and wanted to see Mr. Bradford. Kenneth Raber, the city's public defender, had been contacted by Mrs. Bradford, who had asked him to speak with her husband. After consulting with a deputy county prosecutor, the detectives told Mr. Raber that he could not speak with Mr. Bradford, unless Mr. Bradford asked for him.

At 4:10 P.M., the two detectives appeared to become exasperated with Mr. Bradford, and one of them left. Detective Scherschligt told Mr. Bradford, "I was not going to leave the room and that he needed to tell me the truth." The detective asked Mr. Bradford what was important to him. When Mr. Bradford stated "work," the detective told him he was not making any promises, but that he would talk to the prosecutor about getting Mr. Bradford out of jail so that he could return to work. At 4:28 P.M., Mr. Bradford Detective Scherschligt spent a total of five and one-half hours with Mr. Bradford, not including the time Mr. Bradford was with the polygraph examiner. In explaining why he interrogated Mr. Bradford for such a lengthy period of time, Detective Scherschligt stated: "In speaking with Mr. Bradford, he denied the incident. And it was my belief that he was in fact the suspect and you have to work, or we worked through a period of time where Mr. Bradford was in denial." Six or eight times, Detective Scherschligt told Mr. Bradford, "I am not going to allow you to deny this anymore." The total interrogation, including polygraph examination, lasted eight and one-half hours. Mr. Bradford was asked on at least one occasion whether he wanted to continue talking with the detectives or go back to jail. He was offered food and drink on at least three occasions, and was given dinner at the end of the day.

                told Detective Scherschligt that the rape had "just happened."   He gave a statement confessing to the rape
                

CrR 3.1 Hearing. At the CrR 3.1 hearing, Mr. Raber testified that after he was denied access to Mr. Bradford, he realized that he was representing Mr. Bradford on something more than misdemeanor charges. He called the prosecutor's office and spoke with two deputy prosecutors. They told him that "they found a case that said that the officers did not have to allow me to see Mr. Bradford." Mr. Raber said the prosecutors were aware that he had been retained and that he was being prevented from seeing his client. Mr. Raber said that he did everything he knew to let the police know he wanted to see his client. In all, Mr. Raber made...