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State v. Hamilton4/12/2002
motion to suppress. There are four individual statements that appellant gave to the police.
Appellant's first statement was given to police at 11:38 p.m., on May 11, 1999, the night the body was found. Sgt. Lutha testified that he was questioning appellant as a witness. Sgt. Lutha stated that the reason he did not take appellant's statement at the scene was that there were a lot of people there, including other witnesses giving statements. Sgt. Lutha further stated that he usually takes statements at the police station so he can use his computer.
In this statement, appellant states that the last time he saw the victim was about 8:30 p.m., on May 10, 1999, at the victim's house. He stated he left his cousin's apartment and went to the victim's house to get his bag. He said he was only at the victim's house for about five minutes, and he could not remember if the victim was wearing pajamas or regular clothes. He then stated he went to a friend's apartment for about ten minutes and then returned to his cousin's apartment.
A Miranda rights warning is only required when a custodial interrogation takes place. State v. Mason (1998), 82 Ohio St.3d 144, at 153, citing Berkemer v. McCarty (1984), 468 U.S. 420. "The fact that a suspect is being interviewed at a police station does not, per se, require a Miranda rights warning." Id. at 154. There was no question this first interview was an interrogation. The question was whether it was custodial, and the Supreme Court of Ohio has stated the following in regards to this question:
" he determination as to whether a custodial interrogation has occurred requires an inquiry into `how a reasonable man in the suspect's position would have understood his situation.' * `The ultimate inquiry is whether there is a "formal arrest or restraint on freedom of movement" of the degree associated with a formal arrest.'" (Citations omitted.) Id.
The following testimony by Sgt. Lutha demonstrated that appellant voluntarily went with Sgt. Lutha to the police station. He rode in the front seat of an unmarked police car. He was not handcuffed. At the station, he was questioned in an office with the door open. He was not Mirandized before this questioning, because he was considered a witness, not a suspect, at this time. Appellant was not placed under arrest at any time during this interview. Nor was his freedom restrained in a manner consistent with formal arrest. This was not a custodial interrogation, so appellant did not need to be informed of his Miranda rights.
After appellant's statement was given, Sgt. Lutha received a call from the scene. An officer there told him that Ms. Lawrence, the victim's fiancée, had stated she saw the victim at 8:30 p.m. on May 10, 1999, at her house. Based, in part, on this discrepancy, Sgt. Lutha stated he began to consider appellant a suspect at this time.
Sgt. Lutha further testified that, while still at the police station, appellant was read his Miranda rights. He also signed a waiver of his rights in the beginning of his second statement. "` fter a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney.'" State v. Murphy (2001), 91 Ohio St.3d 516, 520, quoting Davis v. United States (1994), 512 U.S. 452, 461. He then reviewed his first statement and gave a second statement.
His second statement was consistent with the first. He reiterated that he last saw the victim the night before, that he did not hurt the victim, and that he did not know what happened to the victim. After the statement, appellant's fingerprints were taken, and a gunshot residue test w
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