State v. Saunders
Decision Date | 24 March 2004 |
Docket Number | No. 28388-3-II.,28388-3-II. |
Court | Washington Court of Appeals |
Parties | STATE of Washington, Respondent, v. Ray Nmn SAUNDERS, Appellant. |
John Michael Sheeran, Pierce Cty Prosecutor S, Tacoma, WA, for Respondent.
Mary Katherine Young High, Tacoma, WA, for Appellant.
Ray Saunders appeals murder, rape, robbery, and kidnapping convictions. He challenges the sufficiency of the evidence to prove the robbery and kidnapping charges and he claims that the trial court improperly admitted his coerced statements, made evidentiary errors, and lacked judicial authority. Finally, he contends that his counsel was ineffective for, among other claims, failing to raise the issue of merger and same criminal conduct, and that there was cumulative error. We find no trial court error but agree that it was ineffective for defense counsel to fail to raise the issue of same criminal conduct. Thus, we affirm the conviction but remand for the appointment of new counsel and for resentencing.
On the evening of February 29, 2000, Marcia Ann Carlson-Grissett gave Leanna Bessie Williams, a ride to the home of Ray Saunders. On March 5, Grissett's dead body was found on Saunders' living room floor. The State later charged Saunders and Williams with multiple felonies for the events that occurred after Grissett made the fatal mistake of accepting Williams' invitation to enter Saunders's home for a drink. The evidence presented at Saunders' separate trial portrayed the relevant events as set forth below.
Williams, who had been staying at Saunders's home, went out drinking with Saunders during the evening of February 29, 2000. As they were returning home in separate cars, Williams's car broke down and Grissett, a passerby, offered Williams a ride. Williams then invited Grissett into Saunders's home.
Saunders, Williams, and Grissett consumed "whiskey and vodka" for some time. 9 Report of Proceedings (10/31/01) (RP) at 622. Saunders then asked Williams to persuade Grissett to participate in a sexual threesome. Grissett refused.
Williams began to beat Grissett about the back of her head while Saunders watched. He then went to his bedroom where he obtained handcuffs and leg shackles. Either Saunders or Williams or both placed these devices on Grissett. At some point, Saunders tried to force Grissett to perform oral sex on him; however, she continued to resist and she bit him.
Saunders then obtained a knife from the kitchen. When he came back into the living room, Grissett was on the floor and Williams was anally raping her with a television antenna; blood was coming from Grissett's anus.
Saunders moved toward Grissett and stabbed her in the chest with the knife; in addition, either he or Williams strangled her. Grissett died from the stabbing and the simultaneous asphyxia from strangulation.
At some point during the struggle, Saunders, Williams, or both had attempted to apply duct tape to Grissett's mouth to keep it closed. And Grissett's ankles were bruised from the leg shackles. Saunders had the keys to the shackles on a key chain in his home.
Saunders and Williams left Grissett's body on Saunders's living room floor where it remained until Sunday afternoon, March 5. At that time, a visitor looking for Saunders entered the house through the unlocked back door and discovered Grissett's body. The visitor called the police.
The police immediately commenced an investigation. First, they found an intoxicated Saunders at the Western R Café and asked him a few brief questions. Detective Pendrak then took him to the police station to speak to Detective Ringer but Ringer was not available at that time. While the police waited for Ringer, they attempted to "sober [Saunders] up" by giving him coffee and engaging him in discussion unrelated to the crime. 9 RP (10/31/01) at 591.
Ringer arrived about four hours later, at about 2:30 a.m. on March 6. He read Saunders his Miranda1 rights, which Saunders voluntarily waived, and he then questioned Saunders and obtained his consent to tape further questioning. Eventually, Ringer placed Saunders under arrest. The following afternoon, Ringer again advised Saunders of his rights, again obtained a voluntary waiver of those rights, and continued the questioning.
The police later arrested Williams. She was wearing a watch that had belonged to Grissett.
In a second amended information, the State charged Saunders with intentional murder in the first degree or, in the alternative, felony murder based on rape, robbery, and kidnapping. It also charged him in separate counts with first or second degree robbery, first or second degree rape, and first or second degree kidnapping.
Following a preliminary hearing, the trial court ruled that after being advised of his Miranda rights, Saunders voluntarily, intelligently and knowingly waived those rights and made his statements without coercion. Consequently, it ruled that Saunders's post-Miranda statements were admissible along with the statements that he had made before the police took him into custody and the spontaneous statements he made before the police advised him of his Miranda rights.
The jury found Saunders guilty of murder under the felony murder alternative. It also found him guilty of first degree rape, first degree robbery, and first degree kidnapping. The trial court then imposed an exceptional sentence based on victim vulnerability and gratuitous cruelty.
Saunders appeals his conviction, claiming (1) improper admission of coerced statements; (2) erroneous admission of opinion testimony; (3) insufficient evidence to support the robbery and kidnapping convictions; (4) ineffective assistance of counsel for failing to argue at sentencing that the rape, robbery, and kidnapping convictions merged with the murder conviction or, in the alternative, that the rape, robbery, and kidnapping were the same criminal conduct for sentencing purposes; (5) lack of judicial authority; and (6) cumulative error.
Saunders assigns error to the admission of the statements he made after he received Miranda warnings, claiming that the police obtained his consent to questioning through coercion. He supports this assignment with claims that he was intoxicated, detained in a windowless room, and provided coffee by the police throughout the night to keep him awake.
The State may not use statements acquired through custodial interrogation against a defendant who has not been both advised of his Miranda rights and knowingly, voluntarily, and intelligently waived those rights. Miranda v. Arizona, 384 U.S. 436, 479, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); State v. Aten, 130 Wash.2d 640, 663, 927 P.2d 210 (1996); U.S. CONST. amend. V, VIX. A confession is not voluntary if the totality of the circumstances indicate that the defendant did not exercise his free will or was coerced into making statements. State v. Broadaway, 133 Wash.2d 118, 132, 942 P.2d 363 (1997). In determining voluntariness, the trial court may consider the defendant's physical condition, age, mental abilities, physical experience, and police conduct. Aten, 130 Wash.2d at 664, 927 P.2d 210. We will not disturb a trial court's determination of voluntariness if there is sufficient evidence in the record to support a finding by a preponderance of the evidence that the confession was voluntary. State v. Cushing, 68 Wash.App. 388, 393, 842 P.2d 1035 (1993) (citing State v. Ng, 110 Wash.2d 32, 37, 750 P.2d 632 (1988)).
Here, substantial evidence supports the trial court's finding. After Ringer advised Saunders of his Miranda rights, Saunders indicated that he wished to voluntarily answer the detectives' questions and he signed a waiver form to that effect. After Ringer orally interrogated Saunders, Saunders consented to a taped interview.
On the tape, Ringer again advised Saunders of his Miranda rights and asked if Saunders understood those rights and voluntarily wished to answer questions. In each case, Saunders replied, "Yes, I do." When asked: "You're aware that this is being recorded?", he responded, "Yes I am." And he said that the police had his permission to record the interview. Clerk's Papers (CP) at 512.
The following afternoon, after the police had finally arrested Saunders for murder, the detectives advised him of his constitutional rights for a third time. Saunders once again responded that he would willingly answer questions and he did so.
Inebriation is a factor that we consider when determining whether a defendant voluntarily waived his rights, but inebriation is not dispositive. Aten, 130 Wash.2d at 664, 927 P.2d 210; State v. Reuben, 62 Wash.App. 620, 625-26, 814 P.2d 1177 (1991). The trial court noted in its findings that Saunders appeared inebriated during the interrogation sessions, but that the way he responded made it clear that he understood the questions.
The taped interview occurred seven hours after Saunders had his last alcoholic drink. By the time of the third interview, at least 15 hours had elapsed since Saunders had consumed alcohol. His responses to Ringer's questions during the taped interview appear knowing, voluntary, and intelligent.
The police made no threats or promises to induce Saunders' statements. And Saunders never asked for an attorney or invoked his right to silence. He was cooperative and gave clear answers throughout the interrogation process. Thus, the record supports the finding that Saunders made his statements voluntarily.
Saunders cites to four occasions on which he contends that Ringer gave inadmissible opinion testimony. Generally "[a] party may only assign error in the appellate court on the specific ground of the evidentiary objection made at trial." State v. Stevens, 58 Wash.App. 478, 494, 794 P.2d 38 (1990) (citing State v. Guloy, 104 Wash.2d 412, 422, 705 P.2d 1182 (1985)). Here, Saunders...
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