State v. Stiles, 2009 Ohio 89 (Ohio App. 1/12/2009)

• Decision Date: 12 January 2009
• Docket Number: No. 1-08-12.,1-08-12.
• Citation: 2009 Ohio 89
• Parties: State of Ohio, Plaintiff-Appellee, v. Daniel E. Stiles, Defendant-Appellant.
• Court: Ohio Court of Appeals

Page 1

2009 Ohio 89

State of Ohio, Plaintiff-Appellee, v. Daniel E. Stiles, Defendant-Appellant.

No. 1-08-12.

Court of Appeals of Ohio, Third District, Allen County.

Date of Decision: January 12, 2009.

Appeal from Allen County Common Pleas Court, Trial Court No. CR2007 0120, Judgment Affirmed.

F. Stephen Chamberlain for Appellant.

Jana E. Emerick for Appellee.

OPINION

PRESTON, P.J.

{¶1} Defendant-appellant, Daniel E. Stiles (hereinafter "Stiles"), appeals the Allen County Court of Common Pleas judgments denying his motion to suppress, denying his motion to sever counts in the indictment, judgment of conviction, and judgment of sentence. For the reasons that follow, we affirm.

{¶2} On March 23, 2007, law enforcement responded to an emergency phone call from 365 South Stevick Road in Allen County reporting an unresponsive child, later identified as two-year old Mia Jorris ("Mia"), the daughter of Stiles' girlfriend. (May 31, 2007 Tr. at 8-9). When law enforcement arrived at the scene, Mia was laying on the floor unresponsive. Stiles and Mia's brother, Matthew Jorris ("Matthew"), were present at the scene, and Stiles indicated that Mia was injured after falling off her bed. (Id. at 9-10). Mia was taken to St. Rita's Hospital but eventually died. An autopsy revealed that Mia had suffered blunt force trauma to her abdomen, which caused severe internal lacerations and bleeding. (State's Exs. 50, 52). The coroner also discovered that Mia's clavicle and several of Mia's ribs were fractured; and some of the rib fractures were old and healing. (Id.). It was also discovered that Matthew suffered from blunt force trauma to his abdomen. (State's Ex. 53). Matthew underwent surgery to remove the damaged portion of his colon. (Id.). Following the medical reports and coroner's report, the State pursued charges against Stiles.

{¶3} On May 3, 2007, the Allen County Grand Jury indicted Stiles on six counts, including: count one of murder in violation of R.C. 2903.02(B); counts two and three of felonious assault, violations of R.C. 2903.11(A)(1) and second degree felonies; count four of attempted murder in violation of R.C. 2923.02(A) and 2903.02(B); counts five and six of felonious assault, violations of R.C. 2903.11(A)(1) and second degree felonies. Two felonious assault charges related to Mia, and two related to Matthew. (Doc. No. 3). On this same date, the trial court determined Stiles was indigent and appointed counsel. (Doc. No. 8).

{¶4} On May 7, 2007, Stiles was arraigned and entered pleas of not guilty. On May 23, 2007, Stiles filed a motion to suppress statements he had made to law enforcement alleging a Miranda violation. (Doc. No. 23). On May 31, 2007, the trial court held a hearing on the motion but, on June 12, 2007, overruled the motion. (Doc. No. 39).

{¶5} On July 9, 2007, Stiles filed a motion for in camera review of Allen County Children Services' records for Mia and Matthew alleging that the records contain information pertinent to his defense. (Doc. No. 41). On July 10, 2007, the trial court granted the motion for in camera review. (Doc. No. 42). On February 25, 2008, Stiles filed a motion to sever counts three and six from the indictment, which the trial court denied the next day. (Doc. Nos. 107, 111).

{¶6} On March 4-7, 2008, a jury trial was held, and, on March 8th, the jury found Stiles guilty on all counts. (Doc. Nos. 133-38). On March 10, 2008, the trial court sentenced Stiles to: fifteen (15) years to life imprisonment on count one, murder; eight (8) years on counts two, three, five, and six, felonious assaults; and ten (10) years on count four, attempted murder. The trial court ordered that the terms imposed run consecutively for an aggregate term of fifty-seven (57) years to life imprisonment. (Doc. Nos. 140, 160).

{¶7} On March 13, 2008, Stiles filed his notice of appeal. Stiles now appeals and asserts seven (7) assignments of error for our review.

ASSIGNMENT OF ERROR NO. I

THE TRIAL COURT ERRED BY DENYING THE DEFENDANT'S MOTION TO SUPPRESS STATEMENTS.

{¶8} Stiles, in his first assignment of error, argues that the trial court erred in denying his motion to suppress statements he made to law enforcement because the statements were made following his invocation of his right to counsel. The State, on the other hand, argues that Stiles re-initiated conversation with law enforcement after asserting his right to counsel and signed a waiver of counsel; and therefore, the trial court did not err in denying the suppression motion. We agree with the State.

{¶9} A review of the denial of a motion to suppress involves mixed questions of law and fact. State v. Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372, 797 N.E.2d 71, ¶8. At a suppression hearing, the trial court assumes the role of trier of fact and, as such, is in the best position to evaluate the evidence and the credibility of witnesses. State v. Carter (1995), 72 Ohio St.3d 545, 552, 651 N.E.2d 965. When reviewing a ruling on a motion to suppress, deference is given to the trial court's findings of fact so long as they are supported by competent, credible evidence. Burnside, 2003-Ohio-5372, at ¶8. With respect to the trial court's conclusions of law, however, our standard of review is de novo and we must decide whether the facts satisfy the applicable legal standard. State v. McNamara (1997), 124 Ohio App.3d 706, 710, 707 N.E.2d 539.

{¶10} A motion hearing was held on May 31, 2008. At the hearing, Allen County Sheriff's Deputy Michael Stechschulte testified that, on March 23, 2007, he was the first to respond to an emergency call regarding an unresponsive child at 365 South Stevick Road. (May 31, 2008 Tr. at 8-9). Deputy Stechschulte testified that when he arrived at the scene he "found a small child lying on the floor in the living room uh, unresponsive" with Stiles. (Id. at 9). Deputy Stechschulte further testified that while he began CPR on the child, later identified as Mia, he asked Stiles about Mia's medical history and what had happened. (Id. at 10). Deputy Stechschulte testified that he asked these questions for medical purposes and that Stiles was not in custody. (Id. at 11).

{¶11} Allen County Sheriff's Office Investigator Mark Murphy testified that he responded to St. Rita's hospital following the report of an unresponsive child to ask the person responsible for the child what had happened. (Id. at 12-14). Murphy testified that he talked with Stiles in a small private room often used by clergy at St. Rita's. (Id. at 15). Murphy testified that Stiles was not in custody at that point, and he was free to leave the hospital and, in fact, did so. (Id.). Murphy estimated that the conversation lasted forty-five minutes to an hour. (Id. at 16).

{¶12} Murphy testified that he talked with Stiles a second time around 1:30 a.m. on March 25, 2008 after Stiles was arrested on unrelated failure to appear warrants. (Id. at 16-17). On that day, Murphy talked with Stiles in one of the Sheriff's Office interview rooms. (Id. at 17). Murphy testified that since Stiles was in custody, he informed him of his Miranda rights and had him sign a waiver of those rights. (Id. at 17-18); (State's Ex. 1). At some point during the interview, Stiles indicated that he wanted an attorney, so Murphy terminated the interview. (Id. at 19). Murphy testified that, at that point, Stiles indicated that he wanted to talk with another officer:

Q: Can you clarify kind of the order of how that all happened?

A: Yeah, uh, Daniel stated that the interview was over, he was done, that he would just get an attorney, I told him that's fine. I stood up to leave, he stood up kind of in an aggressive manner, I told him to sit down. It got loud, at that time Major Crish uh, knocked on the door, opened it and said, "Murph," and he kind of did his hand like this, and when I uh, turned to Major Crish I said, "He said he wanted to get an attorney." And at that time, Daniel said, "Can I talk to you? Hey, can I talk to you? I want to talk to you," to Major Crish.

(Id. at 20). Murphy testified that he then left the room, and Major Crish obtained another pre-interrogation advice of rights form and went back into the interview room. (Id.). Murphy testified that neither he nor Major Crish said anything to Stiles after he requested counsel but before he asked to talk with Crish, and Stiles did not make any statements during that time. (Id. at 20-21).

{¶13} On cross-examination, Murphy testified that he interviewed Stiles twice, once at St. Rita's on March 23rd and once at the Sheriff's Office on March 25th. (Id. at 21). Murphy testified that he initiated contact with Stiles on the 25th and that the time of that contact was around 1:30 a.m. (Id. at 22-23). Murphy admitted that he did not record the interview, but he testified that it lasted approximately forty-five minutes to an hour. (Id. at 24). Murphy did not recall whether he asked Stiles if he wanted a beverage or if he allowed Stiles to smoke. (Id.). Murphy testified that from the time Stiles asked for a lawyer to the time he asked to talk with Crish was probably around one minute. (Id. at 26). Murphy testified that he was not present with Stiles during the interview with Crish, and that he has not had contact with Stiles since the March 25th interview. (Id. at 27).

{¶14} Allen County Sheriff's Office Major Sam Crish testified that on March 25th he was contacted by the Sheriff's Office and informed that Stiles would be brought to the office on bench warrants. (Id. at 31). Crish informed the office that he was in route and that Investigator Murphy should be contacted. (Id.). Crish testified concerning how he came to talk with Stiles:

A: Investigator Murphy was interviewing Dan in the interview room. I was sitting in my office which is one slot over. I — as I'm sitting there, I heard it start getting loud in there, didn't know what was going on. I walked in, opened the door, and Investigator Murphy — I referred to him as Murph —...