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State v. Johnson3/16/1999
nd, experience and conduct of the accused." Id. The state's showing that a "defendant was informed of his rights, that he was capable of understanding those rights, and that no physical force, threats, promises, or coercive tactics were used to obtain the confession," is prima facie evidence that the confession given while the defendant was in custody was voluntary. State v. Wilkinson, 861 S.W.2d 746, 750 (Mo. App. 1993).
The record does not support Johnson's contention that his written confession was involuntary. Wood testified at the suppression hearing and at trial that he used a written form which delineated each of the constitutional rights set out in Miranda as necessary to inform Johnson adequately of his basic constitutional rights. He asked Johnson to read the form back to him and asked him whether he understood what each statement meant. Wood added that he asked Johnson such questions as, "Do you have to talk to me," and Johnson responded with answers indicating that he understood his basic constitutional rights. Johnson also told Wood that he did not want an attorney and agreed to give a written statement. Wood wrote down the details of Johnson's story, and Johnson signed and dated the statement.
Although Johnson argues that Wood's statements "minimized the practical consequences and moral gravity of the offense," Johnson does not argue that Wood made any promises of leniency to elicit Johnson's confession or waiver of his constitutional rights. Moreover, Wood's conduct occurred before his oral confession and not after the giving of the Miranda warnings. "If one is informed of his right to remain silent under Miranda, and understands his right to remain silent under Miranda, and thereafter makes voluntary statements, it is absurd to say that such person has not made a knowing and intelligent waiver of his right to remain silent." State v. Skillicorn, 944 S.W.2d 877, 890-91 (Mo. banc), cert. denied, ___U.S.___ (1997). The record is void of any evidence that police used any threats or promises, physical force or improper coercion to obtain Johnson's confession or the waiver of his constitutional rights. We, therefore, deny Johnson's point.
We, therefore, affirm the circuit court's judgment.
Separate Opinion: None
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