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State v. Bunting6/6/2002
OPINION (For Official Publication)
Defendant Michael Bunting appeals from a conditional guilty plea to Child Abuse Homicide, a second degree felony, in violation of Utah Code Ann. § 76-5-208 (Supp. 2000). Defendant maintains the trial court erred in denying his motion to suppress incriminating statements he made during an interview with Salt Lake County detectives. We affirm.
BACKGROUND
In reviewing the denial of Defendant's motion to suppress, "we recite the facts in a light most favorable to the trial court's findings." State v. Tetmyer, 947 P.2d 1157, 1158 (Utah Ct. App. 1997). On November 6, 1999, Defendant left his four-year-old son (Son) alone in a bathtub, returning later to find him unconscious. Defendant called 911 and attempted cardiopulmonary resuscitation. Shortly thereafter, paramedics arrived and determined that Son was dead.
Subsequently, a medical examiner performed an autopsy and determined Son's death was not caused by drowning. The examiner determined Son's brain was swollen consistent with suffocation.
Based on the medical examiner's findings and other inconsistencies in the evidence, Salt Lake County detectives expanded their investigation of Son's death. The detectives interviewed witnesses, compiled and reviewed medical records, and conducted a criminal background check. The background check revealed Defendant had numerous DUI convictions and had been charged with cruelty to animals.
In preparation for an interview of Defendant, the detectives contacted Detective Glen Yarborough who had given an interrogation seminar one of the detectives had attended. Based on Defendant's background, Detective Yarborough recommended using a confrontational interview approach involving misrepresentations of the evidence the detectives had implicating Defendant and the "false friend" technique.
On January 21, 2000, the detectives interviewed Defendant at the police station for two and a half hours. The detectives videotaped the interview. At the outset, the detectives asked Defendant whether he had consumed any alcohol the morning of the interview. Defendant indicated that he had had a few beers. After determining that Defendant was not intoxicated, the detectives read Defendant his Miranda rights, which he indicated he understood and waived. During the interview, Defendant appeared comfortable and was attentive and responsive. He did not smell of alcohol or slur his speech, or intimate that he misunderstood the detectives' questions or purpose for the interview.
The detectives informed Defendant that the medical examiner had scientific evidence that Son had not drowned. They then misrepresented that the medical examiner had determined that Son had been murdered. They also told Defendant that the medical examiner and the district attorney were saying that it "was premeditated, first degree murder" and the medical examiner wanted to "hang out to dry." The detectives stated the district attorney was going to charge Defendant with "first degree homicide" or he could explain "exactly everything that happened that night." They further told him they did not think he did it on purpose, suggested Son's death was negligent or reckless, and told him they wanted to show the medical examiner and district attorney that they were wrong.
Defendant replied that the only thing he had not already told the detectives was that he had introduced Freon into Son's bathwater to make bubbles. The detectives then told Defendant that he was "going down for it," it would be better if he came forward with the truth, they did not think he did it on purpose, they were "trying to help [him,]" and they h
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