State v. Stricklin
| Decision Date | 26 June 2018 |
| Docket Number | No. ED 105350,ED 105350 |
| Citation | 558 S.W.3d 54 |
| Parties | STATE of Missouri, Respondent, v. Thomas A. STRICKLIN, Appellant. |
| Court | Missouri Court of Appeals |
FOR APPELLANT: Jessica Hathaway, Rosenblum Fry, P.C., 120 South Central Avenue, Suite 130, St. Louis, Missouri 63105.
FOR RESPONDENT: Nathan J. Aquino, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.
Thomas A. Stricklin was found guilty of first-degree statutory sodomy by a St. Francois County jury and was sentenced to thirty years' imprisonment. At his trial, the State introduced and the trial court admitted incriminatory statements Stricklin made during an audio-recorded interview of Stricklin at the Desloge police station and a written statement Stricklin made after the recording ended.
Stricklin’s sole point on appeal is the trial court clearly erred by denying his motions to suppress and admitting into evidence the incriminating statements he made in the audio recording and written statement because he contends the interview became custodial and violated his Miranda1 rights and right against self-incrimination after he unequivocally and repeatedly asked for a lawyer. Because we conclude Stricklin’s interview became custodial and he was never Mirandized , we reverse and remand for a new trial.
L.P. ("Victim") was born in June of 2010. In April 2012, Victim’s mother ("Mother") began dating Stricklin. On January 27, 2013, Stricklin spent the night at Mother’s home with Victim and her five-year-old brother. On the morning of January 28, 2013, Mother awoke to Victim crying and saying, "Pee-pee." Mother checked Victim’s diaper and found Victim’s vagina bleeding. Stricklin was awoken by Mother and she asked him if he knew what was wrong with Victim. Stricklin denied knowing anything, but after seeing Victim, suggested she may have fallen on a toy in her room.
Mother took Victim to her doctor and her doctor sent her to Children’s Hospital. Surgery was performed on Victim and she remained in the hospital for five days. Stricklin did not go to the hospital. Mother called Stricklin and asked if he had anything to do with Victim’s injuries and he denied he did.
Officer Brad Judge of the Desloge Police Department called Stricklin and asked him to come to the police station. On Thursday, January 31, 2013, Stricklin went to the police station and Officer Judge patted him down in the lobby before taking him down the hall to the interview room. Stricklin was interviewed by Officer Judge, Officer Stacy Minze, a criminal investigator for the Missouri State Technical Assistance Team, and Angela McCreary, a Missouri Department of Social Services case worker. The interview was audio recorded and lasted just over an hour. Stricklin was told by Officer Judge he was not under arrest before the audio recording started.
During the interview, Stricklin initially denied knowing how Victim was injured and indicated he thought Victim fell on a toy and was injured. Officers Judge and Minze told Stricklin they thought he knew more than he was telling them. At about nine minutes into the interview, Officer Judge stated, Stricklin responded, Officer Minze told Stricklin, "That’s your choice." Stricklin then said he was "not saying anything else," but then continued to respond to Officers Judge and Minze. Officer Minze explained to Stricklin that this was his chance to explain his side of the story, and Stricklin said,
Stricklin continued to deny he injured Victim, and the officers' accusations against Stricklin became more direct. Officer Minze told Stricklin, After showing Stricklin a photograph of Victim’s injury, Officer Minze told Stricklin, "You caused that injury." Officer Judge told Stricklin they knew he did it because he and Mother were the only two people in the house who could have caused that injury. Stricklin told Officer Judge to charge Mother. Officer Judge responded by stating they would charge Mother and Stricklin if that is what they had to do. The exchange between Officer Judge and Stricklin was argumentative and at about eighteen minutes into the interview, Officer Judge said, Stricklin replied, Officer Minze again told Stricklin, "That’s your choice."
Officer Judge then left the interview room and closed the door on the way out. Officer Minze told Stricklin she could not tell him not to get a lawyer, but said he did not have to get one. Officer Minze told Stricklin she wanted to help him. She informed Stricklin that Victim may have to take "anti-AIDS medicine" for thirty days if they could not test the person who did this, and the medicine made Victim sick and throw up. In response, Stricklin said he was "not admitting to anything," but asked what he would be looking at if he admitted to causing Victim’s injury. Stricklin asked, "Am I gonna go to jail?" Officer Minze responded, "Yeah, you will probably go to jail."
Stricklin continued to inquire about what type of punishment he may be looking at and Officer Minze told Stricklin it depended and was not up to her, but told him taking responsibility for his actions would make a big difference in the eyes of the prosecutor and judge. Officer Minze asked Stricklin how he wanted to look: as the guy who accepts responsibility or as the guy who denies it when they are going to prove it was him anyway. Stricklin stated, Officer Minze said,
At about twenty-four minutes into the interview, Stricklin said he did not want to go to jail today and wanted to spend the weekend with his family. He said his "deal" was he would turn himself in Monday. Officer Minze told him she could not promise that. Stricklin replied, "Then I want a lawyer right now." Stricklin then continued to talk, stating "You're gonna take me to jail." Stricklin continued to try and negotiate terms that would prevent him from going to jail that day and Officer Minze repeatedly told him she could not promise him those terms. Stricklin said, Officer Minze responded, Stricklin replied, "But it doesn't matter if you're gonna take me to jail either which way." Officer Minze stated, "Yeah, but if you don't tell me what happened then she still has to take the medication." Stricklin said, "Then you're gonna give me the test when you arrest me." Officer Minze told Stricklin they were not going to test him and stop medicating Victim until they were 100% sure that he was the person who caused Victim’s injury. Stricklin told Officer Minze that he wanted a guarantee he was not going to jail tonight and Officer Minze told him she could not do that. Stricklin offered to turn himself in the next day and Officer Minze said, "I can't guarantee that." Stricklin replied,
McCreary informed Stricklin that after he told them what happened she could help him get his affairs in order and tried to persuade Stricklin to tell her what happened. Stricklin said, "Tell me I ain't going to jail tonight." Officer Minze responded, "I can't do that." Stricklin said, "Tell me I can get out tomorrow." Officer Minze responded, Stricklin said, Officer Minze stated it would be sexual assault. Stricklin said, Officer Minze responded, Stricklin asked if he would get a public defender if he admitted to causing Victim’s injury and Officer Minze told him he would get a public defender if he did not have the means for an attorney. Stricklin stated, "[i]f that’s what it takes to keep her out of trouble," then admitted he accidently put his finger in Victim’s vagina. Stricklin said Victim was crying in the middle of the night and he found her in the closet with her diaper around her ankles so he picked her up, tripped over a toy, fell, and when he did, his finger went inside Victim’s vagina. He said he did not see any blood.
After the audio recording stopped, Stricklin was asked if he wanted to write a letter to Mother, and he did. Stricklin wrote:
I admitted to falling with [Victim] and hurting her. I'm sorry I [l]ied about it but when I seen [sic] all the blood I [f]reaked out. I know you probably hate me now and I deserve it but at least know it was an accident and I didn't mean to hurt her. I'm probably still goin[g] to jail so maybe that makes you feel better. I still love all of you and I'm sorry. Please help me or at least let me know if you don't want to see me anymore.
Stricklin was...
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