Williams v. State

• Decision Date: 13 June 2003
• Docket Number: No. 69,69
• Citation: 825 A.2d 1078,375 Md. 404
• Parties: Reccardo WILLIAMS, II v. STATE of Maryland.
• Court: Maryland Court of Appeals

825 A.2d 1078

375 Md. 404

Reccardo WILLIAMS, II v. STATE of Maryland.

No. 69, Sept. Term, 2002.

Court of Appeals of Maryland.

June 13, 2003.

Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Rachel Marblestone Kamins, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, BATTAGLIA, CLAYTON GREENE, JR., (specially assigned), THEODORE G. BLOOM, (retired, specially assigned), JJ.

WILNER, J.

A jury in the Circuit Court for Prince George's County, convinced that petitioner was the person who shot and killed Noraldo Sterling and terrorized his family, convicted him of first degree felony murder and a number of associated offenses, for which he was sentenced to an aggregate of life imprisonment plus ninety years. That judgment was affirmed by the Court of Special Appeals.

The sole issue before us is whether the trial court erred in denying his motion to suppress certain statements he made to the police following his arrest on other charges. That issue requires us to examine the interplay between Maryland Rules 4-212(e) and (f) and Maryland Code, § 10-912 of the Courts and Judicial Proceedings Article. The Rules require that, upon arrest, an accused must be taken before a District Court Commissioner without unnecessary delay and in no event later than 24 hours after the arrest. The statute provides that a confession may not be excluded from evidence solely because the defendant was not taken before a judicial officer within that time, but rather "is only one factor, among others, to be considered by the court in deciding the voluntariness and admissibility of a confession." We shall reverse the judgment of the Court of Special Appeals.

BACKGROUND

Because we are dealing with a ruling on a suppression motion that was not revisited at trial, we shall recount the relevant evidence from the hearing on that motion.

In the early morning hours of July 30, 2000, two 7-Eleven stores in Prince George's County were robbed, at gunpoint, within an hour of each other. Petitioner was arrested at 4:10 that morning as a suspect in both robberies. The arrest occurred after a high speed chase that culminated in petitioner's losing control of his car and crashing into a brick wall. Unfazed by the collision, he exited the car and fled on foot. The arrest was effected when a police dog discovered him hiding in some bushes and bit him on the left shoulder and right forearm.

Upon his apprehension, petitioner was transported by ambulance to Prince George's County Hospital, where his wounds were bandaged and he was given a painkiller. While at the hospital, petitioner told Officer Corridean, who had made the arrest, that his name was Allan Williams, and he gave an address and date of birth. Upon petitioner's discharge from the hospital, Corridean transported him, still clad in a hospital gown, to a county police station, where he was turned over to Detectives Thrift and Cheeks, of the robbery unit. Corridean informed the detectives that the suspect's name was Allan Williams and delivered to them the property petitioner had on his person—approximately $400 in cash and a pay stub. The pay stub was for a Reccardo Williams, whom petitioner said was his brother. At about 9:25 a.m., petitioner was placed in an interview room located within the robbery unit. Ten minutes later, Thrift entered the interview room and conducted an "initial interview." He obtained a name—Allan Williams—date of birth, address and other pertinent information from petitioner. Thrift testified that, although he detected the odor of alcohol, petitioner "understood everything that was going on." Thrift left the interrogation room to obtain verifying information from the computer, but the computer system was not functioning. He then spoke with the officers who had transported petitioner.

Thrift reentered the interrogation room with an Advice of Rights and Waiver (ARW) form. He stated that he wanted to get petitioner's side of the story, read the ARW form to petitioner, and had petitioner put his initials next to each right, as it was read to him, in order to affirm that he understood those rights. Petitioner said that he was willing to waive them, and, at 10:30 a.m., he signed the ARW form.

Questioning then began concerning the two 7-Eleven armed robberies. Petitioner quickly confessed orally to both robberies but declined to write a statement because his body hurt and his right hand was taped. With his consent, Thrift began writing his statement concerning the first 7-Eleven robbery at 10:35 a.m.—the questions posed and the answers given. Petitioner initialed each answer and also signed the bottom of each page. As he began to sign the bottom of the third page, he wrote an "R" but then scratched it out and signed his name as "Allan [Williams]." At no time did petitioner indicate that he did not want to talk to Thrift or that he wanted to speak with an attorney.

When the first statement was completed, Thrift took a break and checked the name Allan Williams in the computer. There was an Allan Williams, but the information pertaining to that person did not match the information provided by petitioner. Thrift then entered the name Reccardo Williams—the name on the pay stub taken from petitioner—and, although the date of birth for Reccardo Williams did not match that given by petitioner, there was a physical description provided that did match. The information obtained also revealed that Reccardo Williams was wanted for three homicides in Prince George's County—those involving John Cook, Curtis Pelt, and Naroldo Sterling.

After searching the database, Thrift went back to the interrogation room to obtain a statement concerning the second 7-Eleven robbery. At 11:40 a.m., Thrift began to write the suspect's second statement, which was taken in the same manner as the first one. Petitioner initialed next to each written answer and signed the bottom of each page. At no time while giving this second statement did petitioner indicate that he did not want to speak with Thrift or that he wanted an attorney. Nor did Thrift make any threats, promises, or inducements. Upon completion of the second statement, petitioner asked for a soda and, after complying with his request, Thrift, at about 1:13 p.m., turned petitioner over to Detective Wilson of the homicide unit.

Wilson was the lead detective investigating the July 21, 2000 murders of Cook and Pelt. He was aware that Williams had been arrested in the early morning hours and had been treated at the hospital for his injuries. Wilson also discovered that an arrest warrant had been issued for petitioner concerning the murder of Sterling, the case now before us. Williams was transported from the robbery unit to the homicide unit and placed in an interview room, which was an area that was, at best, 8 feet by 8 feet. It had carpeting on the floor and walls, one door with a peephole but no windows and no access to a bathroom. Petitioner's handcuffs were removed. After petitioner declined an offer of food and drink, Wilson left the room for a few minutes.

When Wilson returned to the interview room at 1:23 p.m., he asked the petitioner if he had been drinking or had used any drugs the night before, to which he responded in the negative. Wilson said petitioner "appeared very calm in my initial contact with him. He did not appear to be under the influence of anything." He never complained to Wilson about his injuries or about being in pain.

Although Wilson was aware that petitioner had been read his Miranda rights, he asked him to repeat what he remembered his rights to be. After petitioner completed the recitation, Wilson informed him that he had the right to answer questions without a lawyer and that he could stop the questioning at any time and request an attorney. Satisfied that petitioner understood his rights, Wilson began questioning him about the Cook and Pelt shootings. After petitioner was told that there was "undeniable proof" of his complicity in those shootings, petitioner lowered his head, began to cry, and admitted to the murders. Although Wilson lied about the evidence against petitioner, he never made any threats, promises, or inducements in order to obtain the confession. After his admission, petitioner asked for a drink and Wilson left to get him a soda at 3:46 p.m.

Upon his return to the interview room, Wilson said that he had been advised by another detective that petitioner had been identified by witnesses in the Sterling murder case, whereupon petitioner orally confessed to that murder as well, explaining it as a botched robbery attempt. He then informed Wilson that he was hungry, and Wilson left the room and asked another detective to get some food. Wilson provided the food at 5:24 p.m., and at 6:10 p.m., petitioner used the bathroom. Upon petitioner's return to the interview room, Wilson asked Detective Bernard Nelson to obtain a written statement from him.

Nelson was aware that petitioner had been in custody since about 4:00 a.m. and that he had been injured in a car accident. Nelson entered the interview room at 6:31 p.m., found petitioner lying on the floor, and asked if he would sit in a chair so they could discuss the shootings being investigated by the police. Nelson presented him with an ARW form, determined that he could read and write English, had him read several lines, and then read the form to him. Petitioner waived his Miranda rights at 6:38 p.m.

Nelson told petitioner that a witness had identified him in the Sterling shooting and that he needed to start off "on the right foot" by telling his side of the story. Petitioner confessed to Nelson and agreed to provide a written statement. At no time did petitioner indicate that his body or hand hurt or that he could not write. Nelson gave him paper and a pencil and left the room. When he...