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BUSH v. STATE12/1/1995
r furnishing that information to the authorities. Finally, he attempted to discredit his incriminating statements by attempting to make it appear that the statements were obtained by coercion and in violation of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
In regard to the appellant's focus on Holmes's identification of Cornelius Pringle from a photographic lineup and from a live lineup, the record shows that the severe injuries suffered by Holmes may have affected his recollection of the events and his reasoning. The officers were skeptical of Holmes's identification of Cornelius Pringle from the beginning because he had difficulty communicating with them for days after he was shot and because they suspected that, in addition to the problems caused by his being shot in the face, he was mentally retarded, which proved to be the case. We are compelled to note, however, that we find that any disabilities resulting from his injuries and his stay in the hospital's intensive care unit and from his mental retardation do not cast doubt on his accurate descriptions of the getaway car and the pistol. Based on Holmes's description of the getaway vehicle, a BOLO was broadcast, and an automobile matching that description was found parked at Edward Pringle's residence at approximately 5:30 a.m. on the morning that the three crimes were committed. The motor was still warm. This automobile ultimately proved to be the getaway vehicle driven by the appellant and Edward Pringle in committing the three crimes. Holmes's description of the pistol also proved to be accurate. These descriptions were given
shortly after the police arrived at the scene and thus were not subjected to the influences arising from the passage of time as was his identification of Cornelius Pringle as the assailant.
In regard to the appellant's attempt to discredit his two incriminating statements, the appellant states in the recitation of the facts in his brief that his interrogation was conducted at night, in a small room, over a period of approximately six hours, while he was handcuffed to a chair. He further states that he was refused a request for an attorney and that he was physically abused and threatened during the interrogation. The statements were tape-recorded, the recordings were played to the jury at the trial, and the recordings are a part of the record.
This issue of the voluntariness of the two statements arose in the second trial of this case and, after suppression hearings, the trial court found against the appellant's contentions and admitted the statements into evidence. In the trial of the case now before us, a suppression hearing was also held on the question of admissibility of the two statements. The issue was submitted to the trial court by the appellant on the record of the suppression hearings held during the second trial. The evidence presented by the state at the suppression hearings during the second trial consisted of the testimony of two officers who conducted the interrogations, the transcripts of the tape recordings of the two statements, the tape recording of the second statement, and the post-interrogation photographs of the appellant, which show that he had not been abused or mistreated and that he was alert. The evidence presented by the state disclosed that before each interrogation, the appellant was advised of the charges against him, was given proper Miranda warnings, acknowledged that he understood his rights, expressly waived those rights, agreed to make statements about his participation in the three crimes, acknowledged that no promises had been made to him and that he had not been threatened or pressured in any way, and acknowledged
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