State v. M.A.L., S-88-361

• Decision Date: 23 November 1988
• Docket Number: No. S-88-361,S-88-361
• Citation: 1988 OK CR 274,765 P.2d 787
• Parties: 50 Ed. Law Rep. 1238 STATE of Oklahoma, Appellant, v. M.A.L., Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 787

765 P.2d 787

50 Ed. Law Rep. 1238

STATE of Oklahoma, Appellant, v. M.A.L., Appellee.

No. S-88-361.

Court of Criminal Appeals of Oklahoma.

Nov. 23, 1988.

An appeal from the District Court of Tulsa County; J. Bradford Griffith, Special Judge.

The order of the trial court to suppress the confessions is AFFIRMED.

David L. Moss, Dist. Atty., Lynn A. Summers, Asst. Dist. Atty., Tulsa, for appellant.

Paula J. Alfred, Asst. Public Defender, Tulsa, for appellee.

OPINION

BUSSEY, Judge:

M.A.L., a fourteen year old boy, was charged with the crime of Burglary in the Second Degree in the District Court, Juvenile Division, of Tulsa County. He was represented by counsel and waived his right to jury trial. The trial court sustained his demurrer to the evidence and dismissed the cause. From this ruling, the State appeals to this Court on a reserved question of law.

After several burglaries of the school, Sand Springs Central Junior High School assistant principal Robert Brown began an investigation in an attempt to discover the perpetrator of the crimes. He questioned several students including M.A.L., who denied any involvement in the burglaries. However, Mr. Brown obtained some information from other students concerning M.A.L. Mr. Brown called M.A.L. to his office again and confronted him with this information. At this time, M.A.L. confessed to the burglaries. Mr. Brown then called the Sand Springs Police Department, and Sergeant Harold arrived at the school later that day. Sergeant Harold sat in Mr. Brown's office while Mr. Brown once again questioned M.A.L. about the burglaries. The officer then talked to appellee, and he again confessed. Sergeant Harold took appellee into custody and charged him with the burglaries.

Before trial, M.A.L. moved to suppress both confessions. At the hearing on the motion, he called Officer Graham of the police department as a witness. However, Officer Graham did not appear. The trial court sustained the motion to suppress the second confession due to the officer's failure to testify.

The State then presented its first witness, Mr. Brown, at the non-jury trial. The trial court allowed a brief direct examination of the witness before it sustained M.A.L.'s oral motion to suppress the confession made before Mr. Brown. With no other evidence to present, the State rested. M.A.L. demurred to the evidence, and the trial court sustained. The cause was then dismissed.

For its first assignment of error, the State argues that the trial court erred by sustaining the motion to suppress the statements made by M.A.L. while the officer was present. From our review of the record, it appears clear that the confession obtained while the officer was present was inadmissible under 10 O.S.Supp., 1986, § 1109(a) which provides No information gained by questioning a child ... shall be admissible into evidence against the child unless the questioning about any alleged offense by any law enforcement officer or investigative agency, ... is done in the presence of the parents, guardian, attorney, or legal custodian of the child.

The statute further provides that the child and the present adult custodian must be fully advised of the child's constitutional and legal rights before any questioning may begin. The record indicates that M.A.L. was never informed of his rights and no parent or other adult custodian was present during the questioning. We believe the fact that the principal did much of the questioning has no bearing on our finding. It is clear that this questioning was done for the officer's benefit so that he might obtain the information.

Therefore, we find that the confession made to Officer Harold was inadmissible and the trial court did not abuse its discretion in sustaining the motion to suppress. Sonnier v. State, 597 P.2d 771 (Okla.Crim.App.1979). This assignment of error is without merit.

In its second proposition, the State argues that the trial court erred in suppressing the confession made before the school principal. The court sustained M.A.L.'s motion to suppress his statements on the grounds that the principal was acting in an "investigatory capacity", and thus, interrogated him in violation of 10 O.S.Supp.1986, § 1109. The State contends that the statute only applies in custodial settings, and that since this interrogation took place under non-custodial circumstances, the statute should not apply.

We first note that this case involves conduct which occurred on school grounds, but apparently not while M.A.L. was attending class or a school activity. Additionally, the conduct which he confessed to is criminal under 21 O.S.1981, § 1435. The fact that the assistant principal considered it to be school misconduct for which he had authority to impose punishment does not alter the criminal nature of the conduct nor the manner in which he should have interrogated M.A.L. As the assistant principal began his investigation and questioning, he was under a duty not to violate M.A.L.'s rights granted by both the U.S. Constitution and Oklahoma Constitution. The State asserts that the standards governing school officials' conduct under the U.S. Constitution...