State v. Singleton
| Decision Date | 20 November 1979 |
| Citation | 288 Or. 89,602 P.2d 1059 |
| Parties | STATE of Oregon, Respondent, v. Richard Lee SINGLETON, Petitioner. TC 76-2322; CA 10080; SC 26223. |
| Court | Oregon Supreme Court |
Marianne Oswald, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the briefs was Gary D. Babcock, Public Defender, Salem.
Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Donald L. Paillette, Asst. Atty. Gen., Salem.
Defendant seeks reversal of his conviction for murder on the ground that the trial court improperly denied his motion to suppress a video taped incriminating statement made by him the morning after he had told interrogating officers that he wanted to call an attorney. The Court of Appeals affirmed the conviction, holding that the officers were not prohibited from asking defendant the next day whether he had changed his mind and that defendant was then informed twice of his right to an attorney and agreed to waive those rights and to make the video taped statement. 39 Or.App. 9, 591 P.2d 369 (1979). We allowed defendant's petition for review.
In considering the problems presented by this case the facts are all-important. On the afternoon of October 26, 1976, State Police Officer Herlinger, in the course of investigating the death of one Leonard Estes, "contacted" defendant at his residence near Canyonville. Detective Leis was also present. Defendant was then arrested. At that time he was told the reason for his arrest and was informed of his "Miranda rights" by the reading of a card which included the following, among other things:
Defendant was then taken to the Sheriff's office in Roseburg and turned over to Sergeant Stuart of the Oregon State Police and Detective Winningham. Meanwhile, neither Officer Herlinger nor Detective Leis asked defendant any questions and he did not make any statements.
Officer Stuart and Detective Winningham then again advised defendant of his "Miranda rights" by reading a "Miranda card" to him. They testified that they read the card in its entirety and that he "indicated" that he understood his rights as explained to him on that card. Defendant signed that card.
After being interrogated for a short time the defendant was taken by the officers to a video taping room where the officers "played" a portion of a video taped statement by a Mr. Pettibone, who had previously been charged as a co-defendant for the same murder. Upon viewing that video tape defendant said that he wanted to talk to his attorney before making any statements.
The interview was then stopped. According to Officer Winningham, defendant was told that he would be taken to the jail, where "you'll be able to phone your attorney." He also testified that they told defendant, " * * * you can go up to the jail and make your phone call and we'll stop in to talk to you tomorrow," and that defendant said: "That would be fine." The officers also asked defendant who his lawyer was and were told that "it was an attorney by the name of Farrell." They testified that defendant told them that Mr. Farrell was "probably out of town," or "running around," and that "he would contact him * * * the following day."
Defendant testified, however, that he did not say that he would not call his attorney that night because he "might be running around town," but that it was his assumption that he would be able to get in touch with him that evening. Defendant testified that after being taken to the jail he "asked for a phone call two or three times" that evening and never got it, but was told, "We'll see about it" or "We'll take care of it."
Defendant also testified that the next morning he did not ask again to make a telephone call until he was "downstairs" with the officers (Stuart and Winningham) again; that the officers had previously asked him if he "would like to go downstairs"; that he said "yes"; that they asked if he had contacted a lawyer; that he said "no" and that he had not been allowed to make a phone call; that he hadn't contacted his lawyer; that perhaps he would like to have the court appoint one before talking to them, and that the officers said that they would "check into it."
Officers Stuart and Winningham testified, to the contrary, that they did not tell anyone not to allow defendant to call a lawyer; that the next morning at about 8:30 a. m. they asked him if he had contacted his lawyer and that defendant said only that "he hadn't done that"; that they "asked him if he wanted to come down and listen to what we had to say, and he said that he didn't have anything to add to what he said before, but he was willing to come down and listen"; that at no time during that morning did he ask for his lawyer or express a desire to have an attorney present.
Defendant was then again advised of his constitutional rights by the reading to him of a third card identical with the previous cards and at 8:37 a. m. on that date that card was also signed by him under the following printed statements:
After a short period of interrogation, defendant admitted that he was "involved." Defendant was then asked for permission to search his residence and pickup truck. According to Officer Stuart, defendant said that he would consent to this. At 8:42 a. m. defendant signed a slightly different "Oregon State Police Advice of Rights Statement," including substantially the same statements as in paragraphs 3, 4 and 5 of the two cards previously signed by him. On the back of this third card was a further "advice of rights to obtain permission to search," including his right not to allow the search, followed by the statement that "having these rights in mind * * * I consent to a search of cabin # 3 and vehicle located at Drifters Trailer Ct., Canyonville." Defendant signed that statement at 8:44 a. m.
Defendant testified that the "blanks" describing his residence and pickup truck were not filled in when he signed the card consenting to the search. One of the officers testified, to the contrary, that the description of defendant's residence and vehicle were on the "card" when defendant signed it.
Defendant was then interviewed by the officers until just before 9:00 a. m., when "it was stopped to set up the video taping equipment." At 9:06 a. m., at the beginning of the video taping, a fourth "Miranda warning" card in the same form as the first and second cards signed by him was read to the defendant, including his "right to talk to a lawyer and have him present while you are being questioned." That card was also signed by the defendant under the printed statement that "having these constitutional rights in mind, I am willing to waive these rights." The officers also testified that defendant "indicated" to them that he understood his rights and would be "affirmatively willing to talk to (them) about the case."
From the video taped interview, it appears that defendant was relaxed and was smoking a cigarette; that the last "Miranda card" which"warned" him of his constitutional rights, including his right to counsel, was read to him and signed by him; that he then said that he understood those rights and was willing to talk. He then described in detail his participation in the murder of Mr. Estes. At the conclusion of the statement defendant was asked why he had "changed his mind" (and had decided to make a statement), and he replied that it was his "inner soul." He also stated, in response to questions, that he had been treated fairly; that the officers had been "honest" and that there had been no threats. At no time during the video taped interview did the defendant indicate any desire to invoke any of the constitutional rights as read to him or complain that he had been coerced or induced to waive his rights or to make the statement by any improper conduct by the police.
Defendant's subsequent motion to suppress his video taped statement was based solely upon the ground that he had previously "indicated" that he wished to consult an attorney and was "thereafter questioned by the officers." That motion was supported by an affidavit to the same effect and which made no claim of coercion or inducement by otherwise improper words or conduct, nor any claim that he had been denied an opportunity to call and consult an attorney.
At the time of the hearing on the motion, however, defendant testified that the officers told him that he would "feel better" to "get it off your chest" and that "maybe they (the officers) just conned me into (the statement)" and that during the "taping" he was "just mixed up" and was "scared." The officers admitted that one of them told the defendant that he "could understand how (defendant) would feel about a situation such as that and how he might react in the same way (defendant) did." 1
It is not entirely clear just when these statements were made. According to the officers, they may have been made both "on the 27th" and also "on the 26th." It would appear, however, that at least one "Miranda card" was read to defendant before any such statements were made to him on the 26th and that at least one or more "Miranda card" was read to defendant and...
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State v. Quinn
...to an accused and it is the prerogative of the accused to assert or waive it. Moreover, for reasons we explained in State v. Singleton, 288 Or. 89, 602 P.2d 1059 (1979) and need not repeat here, an accused who once asserts his privilege may thereafter waive it. That is what this defendant d......
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State v. McAnulty, CC 200927457
...re-initiated the conversation with authorities after her first invocation, thus waiving her right to remain silent. See State v. Singleton, 288 Or. 89, 104, 602 P.2d 1059 (1979) (“[T]he question of waiver is not simply a question of historical fact, but one which requires the application of......
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State v. Ward
...of law, just as the question of whether the waiver is voluntary is ultimately a question of law. For example, in State v. Singleton , 288 Or. 89, 602 P.2d 1059 (1979), this court considered whether the defendant, who initially invoked his Miranda rights, validly waived those rights at a lat......
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State v. McAnulty
...re-initiated the conversation with authorities after her first invocation, thus waiving her right to remain silent. See State v. Singleton, 288 Or. 89, 104, 602 P.2d 1059 (1979) ("[T]he question of waiver is not simply a question of historical fact, but one which requires the application of......