State v. Randle, 17252

• Decision Date: 25 February 1988
• Docket Number: No. 17252,17252
• Citation: 179 W.Va. 242,366 S.E.2d 750
• Court: West Virginia Supreme Court
• Parties: STATE of West Virginia v. John RANDLE, Jr.

Page 750

366 S.E.2d 750

179 W.Va. 242

STATE of West Virginia v. John RANDLE, Jr.

No. 17252.

Supreme Court of Appeals of

West Virginia.

Feb. 25, 1988.

Syllabus by the Court

1. "Where a person who has been accused of committing a crime makes a voluntary statement that is inadmissible as evidence in the State's case in chief because the statement was made after the accused had requested a lawyer, the statement may be admissible solely for impeachment purposes when the accused takes the stand at his trial and offers testimony contradicting the prior voluntary statement knowing that such prior voluntary statement is inadmissible as evidence in the State's case in chief." Syllabus Point 4, State v. Goodmon, 170 W.Va. 123, 290 S.E.2d 260 (1981).

2. "A confession that has been found to be involuntary in the sense that it was not the product of the freewill of the defendant cannot be used by the State for any purpose at trial." Syllabus Point 2, State v. Goff, 169 W.Va. 778, 289 S.E.2d 473 (1982).

3. "When the representations of one in authority are calculated to foment hope or despair in the mind of the accused to any material degree, and a confession ensues, it cannot be deemed voluntary." Syllabus, State v. Parsons, 108 W.Va. 705, 152 S.E. 745 (1930).

Robert F. Cohen, Jr., Cohen, Abate & Cohen, Fairmont, for John Randle, jr.

J. Montgomery Brown, P.A., Fairmont, for State.

PER CURIAM:

The defendant, John Randle, Jr., was convicted of first degree murder by a Marion County Circuit Court jury in November, 1985. Among his assignments of error, he contends the circuit court improperly ruled that his confession was "voluntary" and, therefore, admissible for impeachment purposes.. We agree, and reverse and remand for a new trial.

I.

At 6:00 o'clock, a.m., on November 10, 1982, the body of Ivan B. Hardway was discovered on a roadway in Fairmont, West Virginia. A chisel and a long wooden handle, each splattered with blood, were lying within ten feet of the body. Mr. Hardway had sustained over thirty jagged incisional wounds to the head and to the thumb of the right hand, which the State pathologist determined had been inflicted with the chisel. There were also bludgeon-type wounds to the head consistent with the wooden handle.

Two aspects of the murder investigation led the police to single out the defendant as the principal suspect. First, one or more persons interviewed by the police stated that the defendant had admitted participation in the killing. Second, physical evidence linked the defendant to the crime scene. Latent fingerprints were observed on a pick-up truck registered to Mr. Hardway and parked a short distance from the body. The prints were lifted, photographed, and transmitted to a fingerprint examiner. The chisel and handle, which bore faint finger impressions in the blood, were also transmitted. Two of the fingerprints obtained from the truck were thereafter identified as the defendant's. The remaining prints and the impressions on the weapons were unidentifiable.

On November 23, 1982, Chief Wayne Stutler and Theodore Offutt, Fairmont police officers, interviewed the defendant at a jail in Mercer County, Pennsylvania, where he was held on unrelated charges. The defendant was initially uncooperative and invoked his Fifth Amendment privilege, but the officers did not suspend their interrogation. They assured the defendant they were "willing to help [him]," and at one point represented they would "talk to the Judge" if he would confess. The defendant was told that his fingerprints were "all over the place," including on one of the murder weapons. A confession, the officers said, could "mean the difference between manslaughter and premediated [sic] murder." Eventually, the defendant admitted killing Mr. Hardway, but explained that the killing occurred during an attempted robbery. After the confession, the defendant was returned to West Virginia and indicted for murder in March, 1983.

The defendant moved to suppress the confession and a hearing on the motion was held on August 12, 1983. In an opinion dated August 25, 1983, the circuit court ruled that the confession was inadmissible in the State's case due to a Miranda violation. ¹ However, in view of the totality of the circumstances, the court determined the statement was "voluntary" and, therefore, admissible for the limited purpose of impeachment.

Trial began on December 13, 1983. The record reveals, upon an avowal by defense counsel, that two witnesses were prepared to testify that on the night of the murder the defendant was at the home of a cousin in Fairmont. On the second day of trial the State moved to exclude all alibi witnesses because the defendant had not responded to the State's demand for a notice of alibi. ² The exclusion motion was orally granted. The defendant subsequently attempted to offer an alibi witness, but the court sustained an objection by the State and advised the jury to disregard the testimony. ³ The defendant did not testify. On December 15, 1983, the jury returned a verdict of guilty without a recommendation of mercy and the defendant appealed. ⁴

II.

The issue we address is whether the defendant's confession was involuntary, such that it was inadmissible for purposes of impeachment. As we explained more fully in State v. Goff, 169 W.Va. 778, 289 S.E.2d 473 (1982), examination of a confession involves two distinct voluntariness inquiries. Where a confession is obtained in violation of Miranda, it is involuntary in law and is inadmissible in the State's case. The confession may, however, be used to impeach the defendant's trial testimony, provided it was not the product of improper coercion. We stated the applicable rule in Syllabus Point 4 of State v. Goodmon, --- W.Va. ---, 290 S.E.2d 260 (1981):

"Where a person who has been accused of committing a crime makes a voluntary statement that is inadmissible as evidence in the State's case in chief because the statement was made after the accused had requested a lawyer, the statement may be admissible solely for impeachment purposes when the accused takes the stand at his trial and offers testimony contradicting the prior voluntary statement knowing that such prior voluntary statement is inadmissible as evidence in the State's case in chief."

Where physical or mental coercion in the interrogation process operates to override the defendant's freewill, a confession is involuntary in fact and cannot be used for any purpose. This principle was summarized in Syllabus Point 2 of Goff:

"A confession that has been found to be involuntary in the sense that it was not the product of the freewill of the defendant cannot be used by the State for any purpose at trial."

One of the many factors which may negative a defendant's freewill, and thereby render a confession involuntary, is the use of promises and psychological ploys to foment hope or despair. Several cases are particularly illustrative of the problem. State v. Parsons, 108 W.Va. 705, 152 S.E. 745 (1930), involved a juvenile who was arrested on a charge of breaking and entering. During interrogation, a police officer informed Mr. Parsons that he might be placed in a reform school if he cooperated and provided a confession. We held that the resulting confession was inadmissible, and concluded in the single Syllabus:

"When the representations of one in authority are calculated to foment hope or despair in the mind of the accused to any material degree, and a confession ensues, it cannot be deemed voluntary."

In State v. Persinger, 169 W.Va. 121, 286 S.E.2d 261 (1982), we utilized the Parsons Syllabus and reviewed a number of our prior cases. The defendant in Persinger had been promised by the interrogating officer that if he cooperated with him, the officer would give a good recommendation to the probation officer. We found this sufficient to bar the use of the confession for any purpose.

We also applied the Parsons Syllabus in State v. Burgess, 174 W.Va. 784, 329 S.E.2d 856 (1985). Mr. Burgess was arrested for aggravated robbery and, while in custody, inquired whether the officers could "help" him. The officers told him that his cooperation "could possibly get him a lighter sentence," and promised they would assist him to obtain a low bail and talk to the judge. Mr. Burgess thereupon confessed and the confession was admitted at trial to impeach his testimony. On appeal, we determined that the statements by the police fomented the hope of favorable treatment and rendered the confession involuntary.

We believe the police conduct here was more egregious than in Parsons, Persinger, or Burgess. The defendant was repeatedly assured of the officers' willingness to "help" him, and even to speak with the judge on his behalf. The physical evidence at the crime scene was blatantly misrepresented. ⁵ The possibility of a lighter sentence was discussed, and the officers strongly suggested that a confession could result in a plea of manslaughter.

The transcript and tape recording of the confession also reveal that the method of questioning employed was highly suggestive. When the defendant gave an exculpatory statement, the officers simply dismissed it as a "lie." The defendant was urged to "tell us what you told [other state witnesses]." The officers proposed that the killing might have resulted from an aborted robbery, and said they understood if it "got out of hand." The questioning was punctuated with long pauses and audible signs, the plain purpose of which was to overwhelm the defendant's will to resist. We are persuaded that the defendant's freewill was overborne, and that the circuit court erred in holding that the confession could be used for impeachment.

We also conclude that a reversal of the conviction is warranted. As we pointed out above, the defendant did not testify and the confession, therefore, was not admitted into evidence. However, the court's improper ruling deterred the defendant from testifying...