State v. Turner
| Decision Date | 19 March 2010 |
| Docket Number | No. M2008-00482-SC-R11-CO.,M2008-00482-SC-R11-CO. |
| Citation | 305 SW 3d 508 |
| Parties | STATE of Tennessee v. Thomas L. TURNER, II. |
| Court | Tennessee Supreme Court |
Kerry Knox, Murfreesboro, Tennessee, for the appellant, Thomas L. Turner, II.
Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Mark A. Fulks, Senior Counsel; William C. Whitesell, Jr., District Attorney General; and J. Paul Newman, Assistant District Attorney General, for the appellee, State of Tennessee.
During the course of an investigation for a robbery and homicide, officers provided Miranda warnings to the defendant, who sought clarification regarding his right to the presence of counsel. Ultimately, the defendant executed a waiver and made a statement to police. Indicted later for first degree murder and other offenses, the defendant filed a motion to suppress his entire statement, arguing that the investigating officers had failed to honor an unequivocal invocation of his right to counsel. The trial court granted the motion, the State received permission to take an interlocutory appeal, and the Court of Criminal Appeals reversed. We accepted the application for review to determine whether the defendant was equivocal in his request for counsel and, if so, whether the police properly limited further questions to the clarification of his right to counsel until the right was either clearly invoked or waived. Because the defendant did not clearly assert his right and the police officers limited the scope of their questions until the defendant chose to execute the waiver of rights form, the judgment of the Court of Criminal Appeals is affirmed.
On the night of February 8, 2007, Tiana Klimpel was shot and killed outside of her apartment building in Smyrna. At approximately 9:00 a.m. on the following day, Thomas L. Turner, II (the "Defendant") and his co-defendant, Kelando Starnes, were arrested by Smyrna police. Within three hours, Detective Kevin Hodges and Lieutenant Todd Spearman began questioning the Defendant in a small room at the police department. The video recording of the interview, which is a part of the record, establishes that the police officers were seated on one side of a small table while the Defendant was seated on the other side with his back to the closed entrance door.1 Detective Hodges and Lieutenant Spearman wore identical wind shirts with "Smyrna Police" printed on the front. Detective Hodges asked the Defendant if he wanted anything to drink, and when he stepped out of the room to get a soft drink for the Defendant, the following exchange occurred between the Defendant and Lieutenant Spearman:
Detective Hodges returned to the room within two minutes and read the Defendant his Miranda rights.2 Afterward, the following discussion took place:
About fifteen seconds later, after Lieutenant Spearman had asked the Defendant about his educational level, another exchange occurred:
The Defendant explained that his cell phone contained the phone number of a lawyer from a pre-paid legal service, which he had previously obtained in anticipation of court proceedings in an unrelated matter. The officers and the Defendant then engaged in further conversation:
Afterward, Detective Hodges explained the purpose and content of the Miranda waiver form. The Defendant read the form silently and, after initialing it, submitted to the interrogation.4 The Defendant subsequently made a number of incriminating statements that led to his eventual indictment for his role in the murder and robbery of Klimpel.
At 1:26 p.m., after being questioned for nearly an hour-and-a-half, the Defendant slammed his hand down on the table and stated unequivocally that he wanted to speak to an attorney:
At that point, Detective Hodges, who by then was alone in the room with the Defendant, ended the interview.
On May 8, 2007, some three months after the arrest, both the Defendant and a codefendant were indicted on charges of conspiracy to commit robbery, especially aggravated robbery, first degree felony murder, first degree premeditated murder, possession of ecstasy with intent to deliver or sell, and possession of marijuana with the intent to deliver or sell. Afterward, the Defendant filed a motion to suppress his entire statement to the police, contending that because "he had little sleep, had been under the influence of drugs, and had been in custody for some time," the statements were the result of coercion. Later, he amended the motion on "the basis that he had unequivocally, unconditionally requested counsel prior to" the interrogation and, therefore, his statements were inadmissible as evidence.
Both Detective Hodges and Lieutenant Spearman appeared as witnesses at the hearing on the motion to suppress. The Defendant did not testify. Detective Hodges testified that, in his opinion, the Defendant, after considering his options, knowingly and voluntarily waived his right to counsel before making a statement to police. He stated that the Defendant "appeared fine" during the interview and understood "that if he had any questions about any of his rights that we would explain those to him and . . . he could stop answering at any time." While Detective Hodges acknowledged that the Defendant had initially claimed that "he had an attorney," the Defendant immediately explained, "Actually I've got prepaid legal service." Detective Hodges also recalled that the...
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