State v. Brooks
| Decision Date | 07 March 2006 |
| Docket Number | No. WD 64887.,WD 64887. |
| Citation | 185 S.W.3d 265 |
| Parties | STATE of Missouri, Appellant, v. Maria L. BROOKS, Respondent. |
| Court | Missouri Court of Appeals |
Daniel Christian Miller, Kansas City, MO, arguing on behalf of Appellant.
Randall John Schlegel, Kansas City, MO, arguing on behalf of Respondent.
Before VICTOR C. HOWARD, P.J., JAMES M. SMART, JR., and THOMAS H. NEWTON, JJ.
The State appeals the trial court's granting of a motion to suppress incriminating statements Defendant Maria Brooks made to the police prior to receiving Miranda warnings. Ms. Brooks was interrogated by police in connection with the suffocation death of an infant girl that Brooks had been babysitting. The State contends that no warnings were required because Brooks was not in custody when she gave the statements. We affirm in part, reverse in part, and remand for further proceedings.
On January 7, 2004, at 2:20 p.m., twenty-five-year-old Maria Brooks called 911 from her home to report that Amara Springer, the child she was babysitting, was not breathing. The fire department and emergency personnel arrived at Brooks' residence. The nine-month-old child was transported to the hospital.
Detective Michelle Rogers of the Raytown Police Department arrived at the scene shortly after the 911 call. The detective questioned Brooks about what had happened to the child. Brooks stated that she was babysitting Amara, who was her boyfriend's grandniece, and that the child had a bad cold and cough. She said she put the baby on its back on the couch and covered it up to its knees with a blanket. She put a pillow next to the baby's side so that it would not roll over. Brooks stated that she then laid down and went to sleep on the long end of the couch. When she woke up about an hour later, she discovered that the baby was not breathing and called 911.
Detective Rogers asked Brooks if she would come to the station to give a formal statement. Brooks agreed. Detective Rogers drove Brooks to the police station because Brooks did not have an available vehicle. The detective took Brooks to a small interrogation room in the basement.
The interview started at around 3:45 p.m.1 The detective and Brooks were seated diagonally across the table from one another. The detective and Brooks were alone in the room. The detective openly recorded part of the interview by audiotape. Also, the detective surreptitiously recorded the entire session by videotape.
The detective said: Detective Rogers informed Brooks that she could take a break for food or to use the bathroom and that she would take her home when they were finished.
Brooks stated that she had been babysitting Amara with some regularity so that Amara's mother could work. She said that Amara's mother, who is the niece of Brooks' boyfriend, dropped Amara off at Brooks' house the night before. Brooks explained how she put the child to bed that night. She also gave an account of the following day, leading up to the 911 call. Her account was that she laid Amara down for a nap on the floor. The child woke up crying and coughing so Brooks gave her some medicine. She then laid Amara down on a sectional couch, placing a blanket over her. Brooks took a nap with her, lying on the "longer portion" of the couch. A "weird feeling" that something was wrong caused Brooks to wake up and discover that the child was not breathing.
After Brooks finished her description, she stated that she was tired of talking, and she said that she wanted "to get home to [her son]." Detective Rogers asked Brooks if they could go over everything again to make sure "[they] got it right." Brooks said that would be okay. Detective Rogers said if they got the story right, then they would "w[h]iz through [the story] again [a third time] on a recorder."
The second round of questions produced largely the same questions and answers. At around 5:30 p.m., Brooks again stated that she wanted to go home to her son. The detective responded that Brooks nodded in agreement.
The detective then left the room for a restroom break. When she returned a short time later, Brooks asked if she could use the telephone to call her employer to let them know she would not be in to work. The detective said that she could and again left the room. Brooks placed the call, but no one answered. Brooks then called her boyfriend. Brooks' side of the telephone conversation was recorded on the videotape. She told her boyfriend,
... I just figured I'd call and let you know I'm still up here. She said the next 30 minutes and we should be done. Then she'll give me a ride back home. Was he ... ah ... what thing? Oh okay.... uh ... huh ... uh ... huh. I know honey it was not my fault. I know. It was not my fault honey.... The detectives and everything told me this happens to a lot of babies and they don't know why it happens. It could be anything they said. I mean cause she's been having a hard time breathing and everything....
In that telephone call, Brooks learned from her boyfriend that the baby was declared dead. This news upset her, causing her to cry.
The detective returned. Brooks, who was still on the phone, was in tears.
Q. Maria?
A. Yeah.
Q. We gotta finish. Okay?
A. (Speaking to person on phone). Okay. I gotta finish up and then I'll be on my way home. Okay. I have to go so we can finish this. This way I can come home. I love you. Bye. (Still crying.)... I don't think I can finish after what I just heard.
Q. Why don't you sit back up here Maria. I'm sorry. I know it's tough.
A. Her mom is trying to blame it on me.
Q. Things happen. Okay. You just gotta realize right now that everybody's upset. Okay.
A. They want to try to blame me for it though. Nothing I can do ... say ...
Q. Maria? Can we get through it and then I can get you home and you can... you can relax. Try to relax and lay down a bit.
A. I mean she could had that flu that was going around even.
Q. ... um ... hum.
A. I mean if they're trying ... she's... her mom's trying to blame me for it.
Q. I know. If she's trying ... if she's trying to blame you for it that's why ... that's why it's so important that I go through all this and get everything in detail. Okay? Are you feeling okay other than just being upset?
A. ...
Q. Hum?
A. When we do that tape can you just ask me like yes or no questions?
Q. No. We gotta go through in detail. Let me go get you some Kleenexes okay?
A. ...
The detective then activated an audiotape recorder for the ostensible purpose of recording the questioning (although the video recorder continued to record as well). It was about 6:05 pm. The detective used her notes to formulate the questions. The third interview was essentially a repeat of the first two. Again, the questions first focused on background information, then shifted to the events preceding Amara's death. Brooks detailed how she found the child not breathing and called 911. At around 6:36 p.m., the audiotaped statement was complete. The detective asked Brooks whether any promises or threats were made to induce the statement. Brooks said no. The detective asked whether Brooks voluntarily made the statement. Brooks said yes. The detective stated, "This'll be the end of the report," and turned off the audio recorder.
Brooks was still teary. The detective had changed her position so that she and Brooks were now seated with little space between them, directly across from one another. At this point, she began leaning forward with her elbows resting on her knees, looking directly into Brooks' face. The detective told Brooks, "I promise we'll leave after this." Thus began the stage we can call the "fourth stage" of the interrogation. The detective immediately went into a long monologue.
Q. Okay. Now I just want to ... I promise we'll leave after this. I just want to make sure because like I said the Medical examiner's office is going to come out tonight and they're going to do the positioning of the baby and the doll and everything. And they'll be further investigation done tomorrow morning on the baby and I just want to make sure that nothing else happened. That nothing else ... you know ... that maybe something ... I don't know. I'm just saying that if ... if there's something that you're leaving out and you're not telling me. I need you to tell me, so I can help you and help figure it out. Because we don't want this to happen to another baby. Okay? So if ... if there's anything ... anything that you're not telling me or ... you know ... something happened that maybe things got out of control or anything like that. We need to talk about it tonight. As opposed to us finding out later on in the investigation. You understand what I'm saying because ... cause it will come out. The Medical Examiner will be able to determine ... you know ... how the baby died. And we know that probably tomorrow or the next day, so ... like I'm saying. I just want you to know Maria that if there's something ... something happened that you're not telling me or ... or what have you or you're tired or what have you we need to talk about it now before it goes ... it goes any further. You understand where I'm going from and what I'm saying?
The detective's monologue continues for several more minutes with only a few short remarks from Brooks interspersed. The detective then repeatedly asked Brooks what else she was not telling her. She stated that the police would find out, so it would be best to tell her first. Brooks maintained that she had told the detective everything.
The detective continued to probe. Brooks finally stated,...
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