State v. Swanigan
Decision Date | 18 February 2005 |
Docket Number | No. 88,347.,88 |
Parties | STATE OF KANSAS, Appellee, v. JAMI DEL SWANIGAN, Appellant. |
Court | Kansas Supreme Court |
Debra J. Wilson, capital appellate defender, argued the cause and was on the brief for appellant.
Bobby J. Hiebert, Jr., assistant county attorney, argued the cause, and Ellen Mitchell, county attorney, and Phill Kline, attorney general, were with him on the brief for appellee.
The opinion of the court was delivered by
Jami Del Swanigan was convicted by a jury of aggravated robbery. In a split decision, the Court of Appeals affirmed the conviction. State v. Swanigan, No. 88,347, unpublished opinion filed December 19, 2003. We granted Swanigan's petition for review pursuant to K.S.A. 20-3018(b).
Swanigan now raises two issues on appeal:
We reverse the conviction and remand for a new trial because of error on issue one, which makes the second issue moot.
Shortly before 4 a.m. on October 26, 2000, the Kwik Shop on West Cloud Street in Salina was robbed. According to clerk Krystal Keefer, she saw a black man put his hand up to the glass of the front window and look inside. He then rushed in the front door with a gun. Several times the robber told her to hurry and at one point told her that he would shoot her or kill her if she did not go faster. She opened the cash drawer, grabbed the bills, and handed them to the robber. As she began to grab the change, the robber turned and ran out the front door to the east. The robber stole $100 to $102.
Beverly Rindt saw a small compact car that was white, gray, or silver in color pull up behind her van. After she was done bagging newspapers in her van, she turned to go to the Kwik Shop and saw a man leave the shop and run east toward the car. Eric Harper also saw a little white car and a Ford Ranger in the area at that time.
Surveillance cameras at the Kwik Shop captured video images of the robber. The man was wearing a blue bandana over his nose and mouth, blue denim shorts, a long-sleeved black or blue shirt, tennis shoes, and white socks. A photograph of the robber taken from the video was posted at the police station, and Lieutenant Christopher Trocheck believed the person shown to be Jami Swanigan.
Five days after the robbery, Shari Lanham, the lead investigator, accompanied another officer to Jessica Wegele's house, where Swanigan was staying. Lanham asked Swanigan if he would come to the police department to answer questions about this robbery and other recent convenience store robberies in Salina. He agreed and rode in a patrol car to the station. Upon his arrival, he was placed in a locked waiting room for 30 to 45 minutes before the interrogation began.
The interrogation lasted from 5:03 p.m. until 6:20 p.m., with all but the first few minutes recorded on audiotape. When it began, Lanham read Swanigan his Miranda rights, which Swanigan indicated he understood. Swanigan first denied knowing anything about the robberies, but eventually said he had heard Marcus Brown was involved. Lanham falsely told Swanigan that his fingerprints had been found at the scene. She also informed him that he had been caught on the surveillance camera. Swanigan had no explanation for either fact, except that he had possibly been at the store before.
After Swanigan took a bathroom break, Lieutenant Mike Sweeney, who was in charge of criminal investigations and who supervised Lanham, joined the interrogation. Swanigan gave Sweeney and Lanham several different stories, but each version contained facts that were contrary to what the officers knew from the eyewitnesses. When confronted with the discrepancies, Swanigan then denied any involvement in the robbery.
Investigator James Feldman then joined the interrogation. Right after Feldman's comments, Swanigan confessed to the robbery. When a discrepancy arose over the clothes the robber had worn, Feldman showed Swanigan a photo from the surveillance video. Swanigan immediately denied the photo was of him and denied that he had any involvement in the robbery. Based primarily upon his interrogation — since latent fingerprints taken from the store, including the front window, were found not to be his — he was arrested and charged with aggravated robbery. Swanigan also gave the police an oral statement the next day, November 1, in which he again not only confessed to the robbery, but also then began providing facts that the officers knew were untrue, so they ended the interrogation.
On January 5, 2001, Swanigan filed a motion to suppress his two statements. At the February 23, 2001, suppression hearing, the trial court denied the motion. The State introduced information from the statements into evidence at the jury trial where Swanigan was convicted of aggravated robbery. Based upon Swanigan's criminal history classification, the court sentenced him to 88 months in prison.
In Swanigan's motion to suppress, he alleged that his statements were not voluntary, knowing, or intelligent under the totality of the circumstances. Specifically, Swanigan alleged that the police used coercive and deceptive tactics, including providing him false information that his fingerprints matched those found at the crime scene and promising that his cooperation in the investigation would help him.
At the hearing, Lieutenant Sweeney and investigators Lanham and Feldman testified, as did Dr. Robert Schulman, a clinical psychologist who had evaluated Swanigan for the defense. Admitted into evidence was a photograph of the robber taken from the surveillance video, Dr. Schulman's report, and an audiotape of the October 31 police interrogation to which the trial court later listened. In later denying the motion, the court stated:
Our standard of review of the trial court's findings of fact and conclusions of law is well-known:
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...This court does not reweigh evidence, pass on the credibility of witnesses, or resolve conflicts in the evidence. State v. Swanigan, 279 Kan. 18, 23, 106 P.3d 39 (2005). In determining whether a confession is voluntary, a court considers the totality of the circumstances. Factors bearing th......
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State v. Griffin
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State v. Mattox
...(2003). We do not reweigh the evidence, pass on the credibility of witnesses, or resolve conflicts in the evidence. State v. Swanigan, 279 Kan. 18, 23, 106 P.3d 39 (2005). Issue One: Did the district court err in admitting Mattox's statements to Douglas County Sheriff's Office booking offic......
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...though the officers' "threats and promises [alone] may not [have been] sufficient to show coercion." State v. Swanigan , 279 Kan. 18, 106 P.3d 39, 42, 45–54 (2005). Likewise, the Wisconsin Supreme Court uses a totality of the circumstances test in which the defendant's characteristics are b......