State v. Simpson

• Citation: 334 S.E.2d 53,314 N.C. 359
• Decision Date: 05 September 1985
• Docket Number: No. 193A84,193A84
• Parties: STATE of North Carolina v. Larry Douglas SIMPSON.
• Court: United States State Supreme Court of North Carolina

Page 53

334 S.E.2d 53

314 N.C. 359

STATE of North Carolina v. Larry Douglas SIMPSON.

No. 193A84.

Supreme Court of North Carolina.

Sept. 5, 1985.

Lacy H. Thornburg, Atty. Gen. by Michael Rivers Morgan, Asst. Atty. Gen., Raleigh, for the State.

Ann B. Petersen, Chapel Hill, for defendant-appellant.

MEYER, Justice.

Defendant raises two issues. He first argues that the trial court erred in denying his motion to suppress his custodial statements on the basis that the State failed to show that the statements were preceded by a knowing and intelligent waiver of his constitutional rights to counsel and to be free from self-incrimination. Defendant also contends that the trial court deprived him of his right to offer competent evidence in support of his defense when it denied his request to call an assistant district attorney and a District Court Judge to testify as to his behavior at his initial appearance. We find no error.

The State's evidence tended to show that, in June 1983, the defendant was living in a camper trailer behind the home of Donald and Barbara Wesley in Beaufort, North Carolina. Iantha Whitaker and her husband lived across the street from the Wesleys.

On the afternoon of 10 June 1983, Mrs. Whitaker allowed her six-year-old daughter, Beverly, to ride her bicycle and play with friends and instructed her not to leave the neighborhood and to be home before dark. When Beverly failed to return within a reasonable period of time, Mrs. Whitaker went to look for her. This search was unsuccessful, and Mrs. Whitaker began to be concerned.

Connie Adams, a neighbor of the Whitakers, testified that she knew both Beverly Whitaker and the defendant. She stated that she observed Beverly riding with the defendant in his blue Chevrolet Nova between 8:00 and 8:30 p.m. on 10 June 1983. Miss Adams testified that Beverly appeared to be frightened. Miss Adams immediately went to the Whitaker home and informed Mrs. Whitaker of what she had seen. When Mrs. Whitaker went to look for her youngest son, she discovered Beverly's bicycle on the sidewalk across from the Wesleys' house. Mrs. Whitaker then notified the police.

William Mason testified that, at approximately 10:00 p.m. on 10 June 1983, he and his wife were driving along Highway 101. At that time, he saw a man standing in the middle of the road, flicking a cigarette lighter over his head. Mason stopped and the man, identified at the trial as the defendant, came over to his car and said that a little girl had been attacked with an axe. He asked Mason to call the rescue squad for assistance. Mason testified that the defendant's speech was understandable, although a bit loud and somewhat slurred. He stated that, although it appeared the defendant had been drinking, he was not drunk. He also stated that the defendant's shirt was torn, and he had what appeared to be blood on the side of his face. Mason proceeded to drive to a friend's house and called the authorities. He then returned to the scene.

Carteret County Deputy Sheriff Ron Reynolds testified that he was instructed to investigate the report. When he reached the scene, he saw a blue Nova parked on a dirt road just off Highway 101. At that time, Reynolds observed the defendant running toward the Nova. Reynolds pulled up beside the defendant and asked what had happened. The defendant responded by merely stating, "In the car, in the car." Upon investigation of the Nova, Deputy Reynolds discovered Beverly Whitaker sitting in the passenger side of the front seat. She was naked; had severe lacerations on her right shoulder, right arm, and upper body; and was covered with blood. Reynolds immediately notified the rescue squad.

Soon Sergeant Lynn Trigleth of the Beaufort Police Department arrived on the scene. Sergeant Trigleth had received emergency medical training, and she proceeded to render first-aid treatment to the victim. Reynolds then noticed the defendant standing in a ditch next to the Nova. Reynolds escorted the defendant back to his patrol car and had him sit in the front seat. At that time, the defendant told Reynolds that several black men had attacked the victim.

Sergeant Trigleth stated that Beverly was conscious while she was giving her first-aid treatment. Trigleth testified that, in response to her inquiry as to what had occurred, Beverly stated, "Larry cut me." Trigleth informed Deputy Reynolds of Beverly's accusation. Reynolds then went back to the patrol car, handcuffed the defendant, and placed him in the back seat of the cruiser. At some point after handcuffing the defendant, Reynolds observed him banging his head against the patrol car window in an effort to get his attention. At this time, Reynolds noticed that the defendant had a strong odor of alcohol about his person. Shortly, the rescue squad arrived, and the victim was transported to Carteret General Hospital.

Dr. Peter Kuers was the surgeon on call at Carteret General Hospital the night of 10 June 1983. He testified that he treated Beverly when she was brought in and he observed severe lacerations on her right shoulder and right arm and a number of minor lacerations on her chest, neck, and abdomen. He also detected a laceration at the back of the vagina. Dr. Kuers testified that, in his opinion, the two major wounds were caused by a heavy instrument that was wider than a knife. However, he also opined that the minor cuts were too delicate to have been inflicted by a heavy weapon such as a hatchet.

Dr. George Oliver was qualified as an expert in the field of gynecology and obstetrics. He testified that, in the early morning hours of 11 June 1983, he also treated Beverly. He testified that Beverly had suffered a deep laceration of the vagina and that the laceration extended from the back of the vagina to the sphincter of the rectum. Dr. Oliver testified that, in his opinion, the vaginal laceration had been caused by the insertion of some object into Beverly's vagina.

After Beverly was transported to the hospital, Detective Frank Galizia of the Carteret County Sheriff's Department arrived at the scene and took charge of the crime scene investigation. Detective Galizia testified that after speaking with Deputy Reynolds, he got in the patrol car to talk with the defendant. The defendant began telling Galizia that he was "going to get" the black men who had attacked the girl. Galizia attempted to cut him off and advise him of his Miranda rights. However, the defendant immediately interrupted and began telling Galizia that the attack had been perpetrated by two black men. At that point, Detective Galizia told the defendant to stay calm and that he would talk with him later.

Galizia testified that he proceeded to examine the interior of the car. On the front seat, he discovered a pair of pink shorts and a pair of white underwear. Both items of clothing were stained with blood. Galizia also detected blood stains both in the interior and on the exterior of the car. Within two or three feet of the car, he discovered a pair of black socks, a beer can, and a bayonet.

After the investigation of the crime scene was completed, the defendant was transported to the Beaufort County Sheriff's office. The defendant was taken to an interrogation room, and Deputy Reynolds conducted a pat-down search of the defendant. Reynolds testified that a fish fillet knife was discovered in the defendant's right-hand, front pants pocket and that a small pocketknife was discovered in his left-hand, front pants pocket. The handcuffs were then removed, and Reynolds gave the defendant a cup of coffee and a cigarette. Deputy Reynolds then advised the defendant of his Miranda rights. Reynolds testified that the defendant stated that he understood his rights and that he did not want to speak with a lawyer prior to questioning. The defendant then executed a written waiver of his rights.

Detective Galizia testified that the defendant proceeded to give a statement in which he said that, upon returning to Beaufort from Morehead City, the victim, who was playing near the Wesleys' house, asked him to take her for a ride. He stated that they got stuck on a dirt road and that two black men in an orange car pulled in behind them. The defendant said he later found the girl in a ditch. He then put her in his car and ran to the end of the road to get help. Detective Galizia indicated that he did not believe the story and told the defendant that he wanted to talk further with him about the incident.

The defendant then gave a second version of the incident in which he stated that the girl had asked him for a ride. After driving to a store to get some beer, they drove down a dirt road off Highway 101 where he and the girl had an argument. He stated that the next thing he remembered was hearing the girl screaming and that he pulled her out of some water and put her in the car. He took off her clothes to see how badly she was hurt and then ran to get help. Once again, Detective Galizia expressed doubt as to the truth of the story, and the defendant was asked to start over.

Galizia testified that the defendant then gave a third version of the incident in which he stated that he was drunk and had gotten into an argument with the girl. He then went over to the ditch to chop some wood with a hatchet that had been in the back seat. The defendant stated that the girl came over to the ditch bank and he accidently hit her with the hatchet. According to Galizia, the defendant said that he did not know what to do and that he struck her three or four additional blows. He then undressed the victim to see if she was hurt and then went for help. Galizia told the defendant that he was concerned about the veracity of the statement. Galizia testified that he told the defendant that the statement was inconsistent with the physical evidence and "that it was time to start telling the truth...." At that point, the defendant began to cry, stood up and banged his head against the interrogation...