U.S. v. Weekley, 96-2207
| Decision Date | 01 December 1997 |
| Docket Number | No. 96-2207,96-2207 |
| Citation | 130 F.3d 747 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Boyd Dean WEEKLEY, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Jeffrey J. O'Hara (argued and briefed), Grand Rapids, MI, for Defendant-Appellant.
Michael H. Dettmer, U.S. Attorney (argued and briefed), Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellee.
Before: CONTIE, DAUGHTREY, and COLE, Circuit Judges.
Following his convictions for kidnaping, transporting a minor in interstate commerce with the intent to engage in illegal sexual activity, and interstate transportation of a stolen motor vehicle, defendant-appellant Boyd D. Weekley ("Weekley") appeals: the district court's refusal to suppress his confession; the victim's two-way closed circuit television testimony; and his term of imprisonment. On appeal, we affirm Weekley's convictions and sentence.
On or about October 10, 1995, Weekley stole an automobile from Father Larry Rucker, a Catholic priest living in Sioux Falls, South Dakota. On or about October 14, 1995, Weekley drove the stolen automobile to a strip mall in Benton Harbor, Michigan, where he parked adjacent to a laundromat. Among the patrons at the laundromat that morning were Maria Alvarado and her four children: eleven-year old Adan; eight-year old Luis; two-year old Eleazar; and one-year old Marcella.
Shortly before noon that day, Adan and Eleazar walked from the laundromat to a nearby store to purchase a snack. As the children walked back to the laundromat from the store, they were confronted by Weekley. After Weekley told the boys that he was a police officer investigating a report that Adan had been shoplifting, Weekley grabbed the boys and pushed them into the front seat of the stolen car. Weekley hurriedly jumped in the car and drove off with the boys. Duct tape covering the door handle prevented the boys from opening the passenger-side door from the inside.
After driving the boys to a field in Indiana, Weekley covered Adan's eyes with cardboard and duct tape and fondled him. The molestation continued throughout the night and included oral sex. Weekley continued to molest Adan on a daily basis for approximately two weeks. Weekley frequently performed oral sex on Adan, and frequently forced Adan to perform oral sex on him.
On October 21, 1995, an arrest warrant was issued in the Western District of Michigan seeking Weekley's arrest for kidnaping the two children. That same day, Weekley was observed in Montgomery, Alabama. On October 23, 1995, Weekley and the children were observed in Mobile, Alabama. On October 24, 1995, Weekley and the boys were observed in New Orleans, Louisiana. Four FBI agents responding to reports that Weekley was in the area spotted Weekley standing next to the stolen automobile in the French Quarter of New Orleans. The agents immediately apprehended Weekley, patted him down, handcuffed him, and advised him of his rights. After acknowledging that he understood his rights, Weekley asked how he had been located and admitted that he kidnaped the boys in Michigan. Weekley was immediately transported to the New Orleans FBI office for processing and questioning.
Approximately an hour after his arrest, Weekley confessed that he: stole the automobile in South Dakota; kidnaped the two boys in Michigan by pretending to be a police officer; engaged the automobile's child safety locks to prevent the boys from opening the rear doors from the inside; placed duct tape over the front passenger door handle to prevent the door from being opened from the inside; kidnaped the boys with the intent to sexually molest them; and repeatedly molested Adan. Following his verbal confession, Weekley wrote a note to Adan apologizing for having "messed up your life by taking you away from your family."
On November 9, 1995, the grand jury for the Western District of Michigan returned a four-count indictment charging Weekley with: two counts of kidnaping, in violation of 18 U.S.C. § 1201(a)(1); one count of transporting a minor in interstate commerce with the intent to engage in illegal sexual activity, in violation of 18 U.S.C. § 2423(a); and one count of interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312.
At trial, Weekley unsuccessfully moved to suppress his confession. Following deliberations, the jury convicted Weekley on all counts. On September 9, 1996, the district court sentenced Weekley to concurrent life (for kidnaping) and ten-year terms of imprisonment (for the crimes charged in the two remaining counts). Weekley was also ordered to pay a fine ($50,000), restitution ($1,405), and a special assessment ($200). Weekley also received two five-year supervised release terms, and two three-year supervised release terms, to be served concurrently. Weekley filed his timely notice of appeal on September 13, 1996.
We review a district court's decision to deny a motion to suppress under two complementary standards: the district court's findings of fact are upheld unless clearly erroneous, and the district court's legal conclusions are reviewed de novo. United States v. Leake, 998 F.2d 1359, 1362 (6th Cir.1993).
Similarly, we review the district court's factual findings supporting its decision to allow two-way closed circuit television testimony for clear error, United States v. Carrier, 9 F.3d 867, 870 (10th Cir.1993), and we review the legal effect of those findings de novo. Id.
The standard governing our review of a district court's sentencing determinations is well-established: "In reviewing the district court's application of the sentencing guidelines, factual findings of the district court are subject to the 'clearly erroneous' standard of review, while legal conclusions are reviewed de novo." United States v. Scott, 74 F.3d 107, 111 (6th Cir.1996).
On appeal, Weekley asserts that the district court erred by denying his motion to suppress the statements that he made to law enforcement officers on October 24, 1995, because the statements were made approximately one hour after receiving his Miranda rights. Moreover, Weekley asserts that he was fraudulently induced to confess by the FBI agents' false promises that he could see the boys one more time to apologize for his conduct. In response, the United States asserts that the district court properly denied Weekley's motion to suppress because Weekley failed to present evidence to support his claim that he forgot his rights during the interim between his arrest and his confession, and the FBI agents did not tell Weekley that he could meet with his victims following his arrest. We agree with the United States' assertion.
The record reveals that Weekley was arrested on October 24, 1995, at approximately 12:30 in the afternoon. After advising Weekley of his Miranda rights, the arresting officers drove Weekley to the FBI's New Orleans office for processing and questioning. While in the car on the way to the FBI's New Orleans office, Weekley began talking and was immediately reminded of his Miranda rights by the agents. After arriving at the FBI office, Weekley again started talking while waiting for the elevator and was again reminded of his Miranda rights by the arresting officers.
After processing Weekley, the FBI agents began interviewing him at approximately 1:30 or 1:35 p.m. that same day, approximately one hour (or one hour and five minutes) following his arrest and the reading of his Miranda rights. At no time did Weekley seek to stop the interview or ask for an attorney, though the interview was interrupted twice to provide Weekley with cold beverages. Moreover, the FBI agents noted that Weekley did not appear tired or confused. In fact, the agents conducting the interview testified that Weekley's demeanor throughout the interview was upbeat, proud, and inquisitive. Following the interview, Weekley signed a form waiving his rights.
After considering the evidence, the district court found that the United States had met its burden of establishing that "nothing occurred during the interview itself that could possibly be held to violate the requirements of United States v. Miranda." Joint Appendix at 220. Moreover, the district court found, under the totality of the circumstances, that Weekley's statements were voluntarily made despite the passage of time between the reading of the warnings and the custodial interview. Indeed, the district court cited nine reasons for its conclusion (1) Weekley was properly advised of his rights at the time of his arrest; (2) Weekley was alert and clearly understood his rights; (3) Weekley did not assert his right to remain silent or to have counsel; (4) Weekley was twice reminded of his rights following his arrest; (5) the time period between the reading of the rights and Weekley's confession was only one hour; (6) the FBI agent that read Weekley his rights also conducted the interview; (7) nothing affecting Weekley's understanding of his rights occurred between the reading of the rights and his confession; (8) Weekley's confession was consistent with the statements that he made immediately following his arrest; and (9) there was no evidence of coercion or promises of leniency.
The factors that a court must consider when deciding whether a confession is voluntary include:
(1) the time elapsing between arrest and arraignment of the defendant[;] (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession[;] (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him[;] (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel...
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