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State v. Steelman9/13/1978
n was not a factor impelling the statements. In addition, there is no indication that Steelman's physical discomfort either from the injuries at the time of his arrest or later from heroin withdrawal was so great as to make him unduly susceptible to pressure. While there is no doubt that he was uncomfortable, the officers and doctors who saw him at this time uniformly testified
that his symptoms were minor and that Steelman appeared to be in control of himself and aware of his surroundings. Cf. State v. Knapp, 114 Ariz. 531, 562 P.2d 704 (1977).
In Westover v. United States, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the accused was arrested by local officers and, without any warnings, questioned throughout the night and the next morning. At noon, F.B.I. agents took over and gave the accused advisory warnings and obtained a statement. The United States Supreme Court held the later statement given to F.B.I. agents inadmissible because "the federal authorities were the beneficiaries of the pressure applied by the local in-custody interrogation." Westover, supra, 384 U.S. at 497, 86 S.Ct. at 1639, 16 L.Ed.2d at 736. Miranda does not mean that after the warnings have been given and the accused has asserted his privilege that the accused can never voluntarily make statements that may be used in evidence. Michigan v. Mosley, supra. In the instant case, there was a definite break between the prior statements and the time Steelman indicated he wanted to talk to the officers. Steelman testified that he wanted to get in touch with his girlfriend and thought it would be easier to do if the detective tried than if he did so on his own initiative. There was sufficient evidence from which the trial court could find that the reason the defendant sent the note was to see his girlfriend and not as a result of any earlier coercion. At the time the defendant sent the note, he knew he had a right not to make a statement. The note was voluntary on his part and the resulting statements were not coerced by prior conduct of the law enforcement officers.
But Steelman contends that the totality of the circumstances including what he describes as non-stop interrogation, Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (1966), and an interview by two county psychiatrists at the jail the evening he was arrested was coercion, Leyra v. Denno, supra, which was not dissipated at the time he waived his rights and made the admitted statement. We do not agree. The evidence does not show a non-stop interrogation of the type mentioned in Westover, supra. It does not appear by his own testimony that he was overwhelmed or confused by the different interviews. As to the interviews with the two psychiatrists discussed later in this opinion, it does not appear that he was misinformed as to their purpose or intentions.
But Steelman also contends that the law enforcement agencies were sharing knowledge and that each officer who saw him was armed with information obtained from the last one who had talked with him. Leyra v. Denno, supra. We can assume that the officers did share information, but this does not mean that Steelman's decision to make a statement was the result of any earlier violations of his rights. We feel that any earlier coercive pressures, if indeed there were any, were dispelled by the time of the note and admitted statements.
Finally, Steelman contends that the later statements were derivative of prior inadmissible statements. Steelman testified that he felt his earlier statements had let the "cat out of the bag." United States v. Bayer, 331 U.S. 532, 67 S.Ct. 1394, 9
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