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People v. Mayfield1/2/1997
o surrender when he could see his father outside. At 6:40 a.m., defendant threw Sergeant Wolfley's gun outside, then walked out with his hands on his head. Deputy Emmerson (part of the San Bernardino Sheriff's SWAT team) placed handcuffs on defendant and seated him in the backseat of Deputy Stein's patrol car. A few moments later, defendant was removed from the patrol car so that Deputy Emmerson's handcuffs could be removed and replaced by those of Deputy Stein.
After the handcuff exchange had been completed, defendant said, "They promised me I could talk to my dad after I surrendered."
Deputy Stein told Sergeant Stodelle, who was standing about 20 feet from Deputy Stein's patrol car, that defendant was asking to speak to his father. Sergeant Stodelle asked Deputy Stein to wait a minute. Deputy Stein then told defendant to be seated.
Defendant said, "You mean I'm not going to get to talk to my father?"
Deputy Stein told defendant that the other officers were discussing the matter and again told defendant to be seated.
Defendant said, "Can't I just stand here? I'm not going to cause any problems or do anything stupid. I'm just scared and not really that bad of a guy. You can ask Bill, the guy I shot. I think he understands, and I tried to help him after I shot him. It's just that when I went through the window and then I saw him, I was startled. So I shot him."
Deputy Stein looked at defendant, who inquired: "How's the officer I shot?" Deputy Stein replied that he had heard the officer had been taken to the hospital.
Defendant said, "I had to do it. I didn't want to go to jail. I've been there too many times. When I took off and he caught me, all I thought about was getting his gun and shooting him so he couldn't arrest me. I took his gun and I shot him. Then I got scared, so I started running. Some other cops started chasing me so I shot them so they would stop chasing me. When I got over here, somebody shouted, 'Police, freeze,' and I didn't want to get hurt, so I ran and dove through that window. When I got inside, Bill startled me, and I shot him."
Sergeant Stodelle told Deputy Stein that defendant would not be permitted to speak to his father at that time. After seating defendant in the rear of the patrol car, Deputy Stein walked to the back of the vehicle and wrote in a steno pad everything defendant had said to him. Deputy Stein then drove defendant to the Rialto Police Department, arriving at 7:03 a.m.
During the drive, defendant said, "Can't you take me directly to San Bernardino? Those guys are going to want to hurt me because I shot one of their officers."
At the Rialto Police Department, Deputy Stein told Detective Amicone that defendant had made statements, seemed cooperative, and would probably be willing to talk to Detective Amicone. Deputy Stein summarized for Detective Amicone the statements defendant had made.
That afternoon, Deputy Stein dictated his report onto a cassette tape, using his steno pad to quote defendant's exact words. On the following day, he received a typewritten report prepared from the cassette tape. After comparing the typewritten report with the steno pad, Deputy Stein discarded the steno pad notes and returned the cassette tape for reuse by other deputies.
2. Waiver
The People argue that defendant has waived any challenge to the admissibility of either the statements he made in the Haverstick residence during the tape-recorded telephone conversations or the statements he made to Deputy Stein after his arrest. The People acknowledge that the defense at trial sought to exclude both sets of statements, t
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