State v. Nelson

• Decision Date: 19 October 2016
• Docket Number: No. A15–1821.,A15–1821.
• Citation: 886 N.W.2d 505
• Parties: STATE of Minnesota, Respondent, v. Jonas David NELSON, Appellant.
• Court: Minnesota Supreme Court

886 N.W.2d 505

STATE of Minnesota, Respondent,

v.Jonas David NELSON, Appellant.

No. A15–1821.

Supreme Court of Minnesota.

Oct. 19, 2016.

Lori Swanson, Attorney General, Edwin W. Stockmeyer, Assistant Attorney General, Saint Paul, MN; and Brent Christian, Le Sueur County Attorney, Le Center, MN, for respondent.

Cathryn Middlebrook, Chief Appellate Public Defender, Steven P. Russett, Assistant State Public Defender, Saint Paul, MN, for appellant.

OPINION

CHUTICH, Justice.

A Le Sueur County jury found appellant Jonas David Nelson, then 18 years old, guilty of first-degree premeditated murder, second-degree intentional murder, and second-degree felony murder for the January 6, 2014, killing of his father, Richard Nelson. The district court sentenced Nelson to life in prison without the possibility of release for the offense of first-degree premeditated murder.

On direct appeal, Nelson contends that the district court erred when it denied his motion to suppress his confessions. He also argues, for the first time, that he was psychologically and socially a juvenile when he committed the crime and therefore his mandatory sentence of life in prison without the possibility of release violates the United States Constitution's Eighth Amendment prohibition on cruel and unusual punishment. Finally, he asserts that the order attached to the Warrant of Commitment erroneously lists convictions for the lesser-included offenses of second-degree intentional murder and second-degree felony murder.

Because we conclude that Nelson's confessions were voluntary and that he forfeited his Eighth Amendment claim when he failed to raise it before the district court, we affirm his conviction and sentence for first-degree premeditated murder. Because the order attached to the Warrant of Commitment incorrectly lists convictions for the two lesser-included offenses, we vacate those two convictions.

I.

Jonas Nelson and his father lived in a house in rural Montgomery. Nelson called 911 at 11:00 p.m. on January 6, 2014. He told the operator that he wanted to “report a murder” and that his father had been “shot through the head.” It was a frigid night, and the 911 operator instructed Nelson to wait in his father's truck to stay warm until officers arrived. He did so.

Deputy Todd Lau arrived about 10 minutes later. He surveyed the scene and found Nelson's father dead on the living room floor from a gunshot wound to the head. Lau then asked Nelson to tell him what happened. Nelson told Lau that he had been upstairs watching a movie when he heard glass breaking and a “pop.” He said that he came downstairs and found his father dead on the living room floor, and that he thought someone had shot him from outside the house.

Deputy Scott O'Brien arrived a few minutes after Lau. O'Brien asked Nelson if he wanted to contact any family members, and Nelson said no. O'Brien asked Nelson if he would move to his squad car, which was warmer, and then the two of them briefly conversed. Nelson told O'Brien the same version of events that he had told Lau. When Nelson requested to go to his grandparents' house, O'Brien said that they would “make arrangements” after Nelson spoke to an investigator. O'Brien also informed Nelson that he could contact his mother if he wished.¹

Around 12:15 a.m., Le Sueur County Sheriff's Investigator Bruce Collins asked Nelson to come sit in his unmarked squad car and talk. Their 25–minute conversation was recorded. Collins asked Nelson if he was okay, and Nelson responded that he was “cold” and “getting used to the idea that [his father was] not around anymore.” Nelson again repeated the same story that he told Lau and O'Brien. He also told Collins that his father had been acting like a “probation officer” and holding a “grudge” against him. Nelson told Collins that he and his father had argued earlier that day about maintaining the fire in the wood stove that heated the house. At the end of the conversation, Nelson again mentioned going to his grandparents' house. Collins told Nelson that they needed him to be patient so they could “understand what happened here tonight.” After this conversation, Collins called Special Agent Mike Anderson from the Minnesota Bureau of Criminal Apprehension and asked him to come to the scene.

From around 12:40 a.m. until 2:39 a.m., Nelson waited in his father's truck with O'Brien. At one point, Nelson told O'Brien that he felt “really woozy” and asked if he could urinate outside. O'Brien said no and explained to Nelson that it might contaminate the crime scene.

By this time, the officers had identified inconsistencies between the physical evidence and Nelson's description of the events. Consistent with Nelson's speculation that someone had shot his father from outside, glass was broken in the bottom pane of the French doors in the living room. But brain matter and skull fragments lay between the French doors and the body, showing that the bullet had not entered through the French doors. Further, O'Brien found no footprints in the snow outside the house.

Around 2:39 a.m., Collins brought Nelson to his unmarked car and introduced him to Special Agent Anderson. They told Nelson that the conversation would be recorded and gave him a Miranda warning. After the Miranda warning, Nelson asked whether he would have the right to refuse to answer a question, and the officers responded that he would. Nelson waived his Miranda rights, and then repeated the account of events that he had previously shared with Lau, O' Brien, and Collins.

After Nelson spoke about his family situation, Anderson expressed sympathy, saying, “[O]bviously you're in kind of a crappy situation here.” Anderson then described the forensic analysis that law enforcement would conduct at the scene, including testing for blood spatter on Nelson's clothes and gunshot residue on his hands.

Anderson continued:

I think both of us are gettin' a picture of life wasn't pleasant here ... and ... you're not in a good situation okay and we can understand that and other people will understand that okay but ... if something happened between you and your dad ... tonight more than what you're telling us the most important thing is that now is the time okay to tell us and ... be honest about that.

Anderson said that “later it would be too late,” and that “[p]eople respect honesty.”

Collins added, “now is the time to say ... we can help deal with that we can't later on.” Collins further stated, “we're not gonna disrespect you ... you'll never be happy until you get that off your chest Jonas.”

Shortly after these statements were made, Nelson said, “I do fully and completely understand the consequences that do come up,” and he confessed to using his father's rifle to shoot his father in the head while he was sleeping on the living room floor. Nelson told the officers that he then shot a bullet through the French doors, returned the gun, and placed the shell casings in a bucket in the basement. As the interview concluded, Anderson asked Nelson whether he made the statement of his own free will and without coercion or promises. Nelson said yes. Officers allowed Nelson to urinate outside before taking him to the Le Sueur County Jail around 4:15 a.m.

Nelson confessed two more times after his arrest. Anderson and Collins questioned Nelson at the jail on the afternoon of January 7, and Anderson returned to question Nelson the following day. The officers recorded all three of Nelson's confessions.

Nelson moved to suppress the confessions. He called an expert, Dr. Harlan Gilbertson, a licensed psychologist, who opined that Nelson's restrictive childhood conditioned him to acquiesce to male authority figures. Dr. Gilbertson testified that Nelson was “quite socially delayed” and had an IQ in the low to average range. He further testified that he believed Nelson's statement was not voluntary because he was fatigued from staying at the scene for several hours, moving from car to car, and answering questions from different law enforcement officers.

The State also called a licensed psychologist, Dr. Katheryn Cranbrook, who opined that Nelson's statement was voluntary. She disagreed with Dr. Gilbertson that Nelson acquiesced to male authority figures and provided several counterexamples. The district court denied Nelson's motion to suppress the confessions.

After a trial, the jury found Nelson guilty of first-degree premeditated murder, second-degree intentional murder, and second-degree felony murder. As required by Minnesota's heinous crimes statute, the district court sentenced Nelson to life in prison without the possibility of release. See Minn.Stat. § 609.106, subd. 2(1) (2014). The order attached to the Warrant of Commitment listed convictions for first-degree premeditated murder, second-degree intentional murder, and second-degree felony murder.

II.

Nelson contends that his confessions were not voluntary and therefore the district court erred when it denied his motion to suppress them. He asserts, in particular, that his on-scene confession was involuntary because the interrogating officers led him to believe that they were not his adversaries and that confessing would benefit him. He also asserts that his youth, inexperience, and upbringing made him “particularly susceptible” to the officers' manipulative interrogation techniques, in part because childhood abuse had conditioned him to acquiesce to male authority figures. After carefully considering these arguments, the officers' conduct, and the totality of the circumstances, we conclude that Nelson's confessions were voluntary.

The Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits the admission into evidence of a confession that was not voluntarily given. Dickerson v. United States, 530 U.S. 428, 433, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000). The State bears the burden to prove the voluntariness of a confession by a preponderance of the evidence. State v. Zabawa, 787 N.W.2d 177, 182 (Minn.2010). We...