Williams v. State, 31641
| Citation | 238 Ga. 298,232 S.E.2d 535 |
| Decision Date | 27 January 1977 |
| Docket Number | No. 31641,31641 |
| Parties | Willie James WILLIAMS v. The STATE. |
| Court | Supreme Court of Georgia |
Gilmore, Waddell & Phillips, Thomas J. Phillips, Jr., Milledgeville, for appellant.
Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.
Defendant Willie James Williams, a juvenile, was tried and convicted in Baldwin Superior Court of the offense of murder. He appeals from his life sentence. The main issue before us concerns his confession to the police.
The body of 74 year old Mrs. Frances Herrin was found on the back porch of her home on April 14, 1973, about 7:30 p.m. She had been strangled to death.
A few days later police learned that two diamond rings and a wedding band had been pawned by some boys. The pawn ticket bore the name of John Williams, older brother of the defendant. The police went to the Williams' home and asked and received permission from the parents to talk with the boys and search and house. They took the boys to the pawn shop where they picked up the rings and then to the police station for questioning. John Williams was interrogated first. He made a statement connecting the defendant with the rings. At this point according to police the defendant, who was 14 years old, and his parents were informed of his rights and the nature of the possible charges against him. Both the defendant and his parents signed a waiver of counsel. The defendant then confessed to the crime in the presence of his parents and law enforcement officers. The next day the police took the defendant to Mrs. Herrin's house and he showed them how he had entered, the bureau where he got the rings, and where Mrs. Herrin was when he strangled her.
On April 20, 1973, the defendant was placed in Central State Hospital for examination and evaluation, where he remained until January 15, 1974. Prior to trial, he made a special plea of insanity. After hearing evidence, the court found that he was competent to stand trial and directed a verdict for the state. On February 21, 1974, he was brought to trial.
At trial the defendant's brother testified that the defendant accompanied him and two friends to a pawn shop on April 15, 1973, where the defendant pawned some rings. The friends' testimony was to the same effect. The victim's niece identified the rings as belonging to the victim.
A police officer testified that the defendant's fingerprints matched those he had lifted from a glass found in the victim's kitchen.
After a lengthy Jackson-Denno hearing, the court determined that defendant's confession was admissible and permitted Investigator King to read his report of defendant's statement. According to that statement, on April 14, 1973, at about 10 in the morning the defendant left his home and went into town. He went to the bus station where he played the pinball machines and won ten dollars. He then went to a pool room and lost twenty dollars. He wandered around getting madder and madder. He stopped at a house and asked a lady if she had any work. He also asked her for a glass of water. He drank the water in the kitchen. They stepped back onto the back porch and 'he went wild; all he could think was kill, kill, kill.' He grabbed her and chocked her and she went down onto the floor. He ran into the bedroom, picked up some rings off the dresser, and took money out of her pocketbook. He went into the other rooms in the house and then ran out the back door to the bus station. He bought a ticket to Brown's Crossing. He got off the bus and stopped at a bridge. He thought of what he had done and wanted to kill himself, but he could not do it. He fell on some rocks at the creek and hurt his side. Then he went home and went to sleep. The next day he pawned the rings for $40.
The assistant chief of police testified to a shoe print found in the dust just inside a door on the victim's back porch. The defendant's shoe fit the print exactly. A bus ticket was found in his pocket when he was arrested.
The defendant's parents testified to the events that occurred at the police station the night the defendant confessed. His mother told of defendant's history of epilepsy, although she conceded that he appeared to be acting normally on the day of the murder.
Dr. Baugh, the defendant's physician, testified that he had treated the defendant for epilepsy. dr. Bosch, a psychiatrist at Central State Hospital, stated that a complete physical and mental examination had been conducted on the defendant and that although the defendant is in the area of borderline mental retardation, IQ between 69 and 84, he is capable of understanding everything that he does. Three electroencephlograms were run on the defendant testing for epilepsy. The results were normal on all three tests. The defendant had no epileptic seizure for the nine months he was observed at Central State Hospital. According to Dr. Bosch, a person with early childhood epilepsy is unlikely to continue into adulthood with this disease. He concluded, based on the history, observations and tests, that the defendant is not an epileptic.
The defendant took the stand and gave a different version of his actions on April 14, 1973, from that contained in his confession. He said that on April 14, after he played the pinball machines, he stopped at one house where he asked for water and for permission to use the bathroom. While in the bathroom he slipped and bumped his head. The next thing he remembered was that he had hit the woman over the head with a bottle. He left that house and after resting under a bridge for a little while he stopped at the victim's house and again asked for a glass of water. She gave him water in the kitchen and the next thing he remembered was seeing her lying on the floor of the back porch. He went back inside the house toward the front door, saw the rings on the bureau and picked them up as he left. He also said that while he was at the pool hall he had asked for an aspirin because he had a headache and that he had been given a white pill with a cross on it.
1. Citing M.K.H. v. State of Ga., 135 Ga.App. 565(2), 218 S.E.2d 284 (1975), the defendant contends that he was held illegally in violation of Code Ann. § 24A-1402(a) and that therefore the statement he gave to the police furing such detention was illegally obtained and inadmissible. Code Ann. § 24A-1402 concerns release or delivery to court of a child taken into custody. It provides:
The defendant and his brother were taken from their home to the police station. The boys agreed to accompany the police and the parents gave their permission. On the way, the police stopped at the pawn shop to pick up the rings, but no questions were asked of the two boys nor was this a delay of any length. A police officer called the superior court judge, who is also the juvenile court judge in Baldwin County, advised him of the detention and discussed the availability of legal counsel if requested. The defendant's parents came to the police station and according to police were told the nature of charges, were advised of the defendant's constitutional rights, and signed a waiver of counsel. The defendant confessed in the presence of his parents. We find that there was compliance with Code Ann. § 24A-1402(a), that the defendant's detention was lawful and therefore that his confession was not inadmissible.
The defendant also maintains that his confession was inadmissible in that he did not knowingly and voluntarily waive his constitutional rights. Before admitting the confession into evidence the trial judge held a lengthy Jackson-Denno hearing. At the time of confessing, the defendant was fourteen years old with an IQ between 69 and 84. He was in the ninth grade, but read at a third grade level. Two police officers testified that the defendant was told he was a murder suspect, that both he and his parents were informed of his constitutional rights, and that all three signed a waiver after the police felt that they fully understood his rights. One of the policemen testified that the parents, in addition, said the defendant could be questioned without an attorney present.
The defendant's father is unable to read or write. He signed the waiver with an X mark. The mother can read and write a little. They testified that they could not remember any rights being read to them and that they did not understand what was happening that evening at the police station, although they were present while the defendant was questioned. The defendant also stated that he did not know of his right to have an attorney at the time he was questioned.
At the conclusion of the hearing, the court held the confession to be admissible. On appeal the defendant contends that neither he nor his parents knowingly and intelligently waived his constitutional rights.
In Riley v. State, 237 Ga. 124, 226 S.E.2d 922 (1976), we refused to require an automatic exclusion of a confession of a fifteen-year-old even where his parents were not separately advised of his rights. We found that 'the question of a...
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...2d 937THERIAULT v. STATE (Wisc. 1974) 223 N.W.2d 850 WEST ’ v. UNITED STATES (5th Cir. 1968) 399 F.2d 467 WILLIAMS v. STATE (Ga. 1977) 232 S.E. 2d 535 226 REFERENCES Davis, S. Rights of juveniles: The juvenile justice system. New York: Clark Grisso, T., & Manoogian, S. Juveniles’ comprehens......