Michael Lee Sammons v. Commonwealth of Virginia ( 2001 )


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  •                    COURT OF APPEALS OF VIRGINIA
    Present: Judges Humphreys, Clements and Senior Judge Coleman
    Argued at Richmond, Virginia
    MICHAEL LEE SAMMONS
    MEMORANDUM OPINION * BY
    v.   Record No. 0089-00-2              JUDGE JEAN HARRISON CLEMENTS
    MAY 29, 2001
    COMMONWEALTH OF VIRGINIA
    FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY
    John F. Daffron, Jr., Judge
    D. Gregory Carr (Bowen, Bryant, Champlin &
    Carr, on brief), for appellant.
    Eugene Murphy, Assistant Attorney General
    (Mark L. Earley, Attorney General, on brief),
    for appellee.
    Appellant Michael Lee Sammons was convicted in a bench trial
    of first degree murder, use of a firearm in the commission of
    murder, robbery, and use of a firearm in the commission of
    robbery.   On appeal, he contends the trial court erred in denying
    his motion to suppress inculpatory statements he gave to police.
    Finding no error, we affirm the judgment of the trial court.
    As the parties are fully conversant with the record in this
    case and because this memorandum opinion carries no precedential
    value, this opinion recites only those facts necessary to a
    disposition of this appeal.
    * Pursuant to Code § 17.1-413, this opinion is not
    designated for publication.
    Specifically, Sammons asserts on appeal that the police, over
    a lengthy period of time in a cramped room, made numerous promises
    of leniency, applied psychological pressures, threatened to
    prosecute members of his fiancee's family, and led him to believe
    that his freedom or life depended on his cooperation with them.
    His inculpatory statements, he argues, were not voluntary and it
    was error, therefore, on the part of the trial court to deny his
    motion to suppress them.
    On appeal from a trial court's denial of a motion to
    suppress, the burden is on the appellant to show that the denial
    of the motion constituted reversible error.   See Fore v.
    Commonwealth, 
    220 Va. 1007
    , 1010, 
    265 S.E.2d 729
    , 731, cert.
    denied, 
    449 U.S. 1017
    (1980).   We review the evidence in the light
    most favorable to the Commonwealth, granting to the Commonwealth
    all reasonable inferences fairly deducible from it.   E.g.,
    Commonwealth v. Grimstead, 
    12 Va. App. 1066
    , 1067, 
    407 S.E.2d 47
    ,
    48 (1991).
    "The Commonwealth has the burden to prove, by a preponderance
    of the evidence, that a defendant's confession was freely and
    voluntarily given."   Bottenfield v. Commonwealth, 
    25 Va. App. 316
    ,
    323, 
    487 S.E.2d 883
    , 886 (1997).   The voluntariness issue is a
    question of law requiring an independent determination on appeal.
    E.g., Wilson v. Commonwealth, 
    13 Va. App. 549
    , 551, 
    413 S.E.2d 655
    , 656 (1992).   "In assessing voluntariness, the court must
    determine whether 'the statement is the product of an essentially
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    free and unconstrained choice by its maker, or . . . whether the
    maker's will has been overborne and his capacity for
    self-determination critically impaired.'"   Roberts v.
    Commonwealth, 
    18 Va. App. 554
    , 557, 
    445 S.E.2d 709
    , 711 (1994)
    (quoting Stockton v. Commonwealth, 
    227 Va. 124
    , 140, 
    314 S.E.2d 371
    , 381 (1984) (internal quotations omitted)).   In making that
    independent determination, "we are bound by the trial court's
    subsidiary factual findings unless those findings are plainly
    wrong."   
    Wilson, 13 Va. App. at 551
    , 413 S.E.2d at 656.
    "Conflicts in evidence present factual questions that are to be
    resolved by the trial court," which "'must evaluate the
    credibility of the witnesses, resolve the conflicts in their
    testimony and weigh the evidence as a whole.'"    Mills v.
    Commonwealth, 
    14 Va. App. 459
    , 468, 
    418 S.E.2d 718
    , 723 (1992)
    (quoting Albert v. Commonwealth, 
    2 Va. App. 734
    , 738, 
    347 S.E.2d 534
    , 536 (1986)).
    In determining voluntariness, we look to the "'totality of
    all the surrounding circumstances,' including the defendant's
    background, experience, mental and physical condition and the
    conduct of the police."   Commonwealth v. Peterson, 
    15 Va. App. 486
    , 488, 
    424 S.E.2d 722
    , 723 (1992) (citation omitted).     In
    considering the conduct of the police, we "must consider the
    interrogation techniques employed, including evidence of trickery
    and deceit, psychological pressure, threats or promises of
    leniency, and duration and circumstances of the interrogation."
    - 3 -
    Terrell v. Commonwealth, 
    12 Va. App. 285
    , 291, 
    403 S.E.2d 387
    , 390
    (1991).
    Here, Sammons was arrested and taken into custody by
    Chesterfield County police on January 16, 1998, for unrelated
    charges in a "church burglary."      After Sammons signed a waiver of
    his Miranda rights, he was interviewed by Detectives Truehart and
    Baker.    Truehart told Sammons,
    I expect you to tell me the truth. I told
    you I'd be square with you and I'd help you
    to the fullest, didn't I? If I catch you in
    a lie, I'm gonna hammer you. And you got a
    baby coming here, be due, in what, a couple
    months.
    After the officers questioned Sammons about the unrelated
    "church burglary," the interview shifted to the murder of James
    Lambrecht.    Sammons first asked what was going to happen to him,
    whether he would be going to jail or would "get off."      Truehart
    told Sammons he had no control over whether Sammons went to jail,
    but he would put in a "very good word" for him with the
    Commonwealth's attorney.    Truehart implored Sammons to tell him
    the truth, and Baker told Sammons it would help him a lot if he
    told them about the murder.    Truehart reminded Sammons again about
    the baby Sammons was expecting and told Sammons he needed to think
    of himself.    Thereafter, Sammons gave a version of the murder that
    implicated solely his codefendant, Jason Gregory.
    Later during the same interview, Sammons asked for the
    officers' help, reminding them that he had a baby on the way.
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    Truehart responded that he was going to help Sammons and that
    Sammons had to look out for himself.    Truehart also told Sammons
    that the more he did for the officers, the more they would do for
    him.   Truehart further advised Sammons, "[Y]our life depends on
    you this moment and you got to tell us everything you know."
    Later in the interview, Baker and Sammons engaged in the
    following exchange:
    Baker: Mike, we will help you out the
    best we can. We'll go to the Commonwealth's
    attorney and help you out the best we can.
    But we're going to need your help on this,
    too.
    Sammons: I will go to court and testify
    for you all, but I cannot go to jail. I will
    not be able to handle that mentally. Not
    again.
    Baker: Well, we can't tell you that
    you're not going to go to jail. Okay.
    That's not up to us. That's not our shot.
    You know what will happen. Right here today
    you'll have to go in front of the magistrate.
    And we can, we, Detective Truehart and I,
    will both go to the magistrate and tell that
    you've cooperated with us. But we can't make
    any promises to you. You know that.
    Baker also implored Sammons to be totally honest and assured him
    that they knew Gregory was the "bad guy" and that they were "not
    looking to hammer" Sammons.
    During the interview, the officers twice offered Sammons a
    drink and permitted him to go to the restroom when he requested to
    do so.   Throughout the interview, Sammons blamed Gregory for the
    murder, insisting that Gregory had acted independently and that
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    Sammons was unaware of Gregory's intention to rob or kill
    Lambrecht.
    Subsequently, Baker and Detective Steve Smith interviewed
    Sammons.   Smith began the interview by accusing Sammons of having
    lied to the officers earlier.    He told Sammons that Gregory had
    accused Sammons of shooting Lambrecht.    Smith also implied that,
    if Sammons did not tell the truth, the police might have to
    involve Sammons's future father-in-law in the murder investigation
    and charge Sammons's fiancee's sister, who was in the car after
    the murder, as an accessory after the fact.
    When Sammons refused to change his version of what happened,
    Smith, who knew from other evidence that Sammons was involved in
    the killing, told Sammons:
    Let me tell you something, son. You're
    lying. I'm telling you that straight up.
    Now do you want to face a capital murder
    charge, robbery, and death in result of a
    robbery? . . . Now let me tell you one more
    time. You better start telling the truth.
    If you don't, you're going to be the worst
    guy in this whole scenario.
    Smith further told Sammons that a jury would not believe his
    inconsistent story and that he had better start "singing," because
    he was "digging [his] hole deeper."
    When Smith and Baker suggested to Sammons that they knew
    where to get the gun Sammons used to shoot Lambrecht, Sammons
    confessed his part in the robbery and murder and apologized for
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    lying to the officers.   At no time did Sammons seek to terminate
    the interview or talk to an attorney.
    The record in this case contains a transcript of the initial
    interview with Sammons; an audiotape, videotape, and transcript of
    the second interview; and brief testimony of Detectives Smith and
    Baker regarding the second interview.   Other than what is revealed
    in the transcript of the first interview, we have no record of the
    circumstances of that interview.   Nor can we ascertain from the
    record when the second interview occurred or how long it
    continued, although the videotaped portion of that interview
    lasted no more than two hours, including breaks in the
    questioning.   Sammons is seen smoking a cigarette during that
    interview.
    At the suppression hearing, the trial court determined that,
    while the police "were alternately leaning on [Sammons],
    challenging his statements, telling him he was lying on matters,
    and . . . making other [vague and oblique charges] as to his
    [fiancee's] sister, to his potential father-in-law and to what may
    happen with him vis-à-vis the co-defendant," the police did not as
    a matter of law, overbear the will of the accused.   Thus, the
    trial court concluded, even though it was the result of a
    "spirited interrogation," Sammons's confession was voluntary.    We
    agree.
    From our independent review of the record, we conclude that
    Sammons made no inculpatory statements to the police during the
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    first interview.   He was advised of his Miranda rights and chose
    to talk to the officers.    He was given breaks and a drink upon
    request.   At various points during the interview, the officers
    expressed their opinion that Sammons's cooperation and
    truthfulness would help him.   They advised Sammons that they would
    speak to those in authority on his behalf if he cooperated and
    told the truth.    But they further indicated they had no authority
    themselves to make any promises regarding the nature of the
    charges or their outcome.    In telling Sammons that he needed to
    think about his unborn child and himself, the detectives, who were
    unaware at the time of Sammons's role in the killing, were, it
    could reasonably be surmised, simply warning Sammons that he
    needed to take the interview seriously, as his answers would have
    an important effect on his and his future family's lives.
    By the time the second interview commenced, the officers had
    obtained Gregory's version of the events, which incriminated
    Sammons.   The officers then used that information, along with
    other information from their investigation, to encourage Sammons
    to reveal his true involvement in the crimes.   In asking Sammons
    if he wanted "to face a capital murder charge," the police were,
    we believe, advising, rather than threatening, Sammons that
    Gregory, the suspected triggerman, was fingering Sammons as
    Lambrecht's killer.   Without the truth from Sammons, Gregory's
    version of the facts might prevail and Sammons might be prosecuted
    for capital murder.    The police further advised Sammons that, in
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    weighing his credibility, a jury might disbelieve him because he
    was telling so many versions of what occurred.   Furthermore, the
    officers knew that one of the guns involved in the murder belonged
    to Sammons's future father-in-law and that Sammons's fiancee's
    sister, Victoria DeMaio, was a passenger in the car with Sammons
    and Gregory after the killing.    This knowledge formed the basis of
    the officers' claims that Sammons, because he was being
    untruthful, was "dragging [his future father- and sister-in-law]
    into this."
    Thus, in considering the totality of the circumstances, we
    hold that the officers merely persuaded, rather than coerced,
    Sammons to confess and that, as evidenced by Sammons's apology to
    the officers for his previous lies, Sammons's confession was
    voluntary.    Hence, the trial court did not err in refusing to
    suppress Sammons's inculpatory statements.
    Accordingly, we affirm the trial court's ruling denying
    Sammons's motion to suppress his confession and affirm appellant's
    convictions.
    Affirmed.
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