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Smith v. State12/22/2000
ade in reading was a "C" and, on occasion, he made "As" and "Bs."
At the suppression hearing, Dr. Donald Crook, Jr., a professional counselor, testified for the appellant. He testified that he had interviewed the appellant on three occasions and that he had administered various tests to him. He testified that the appellant had a full scale IQ of 72, a verbal IQ of 76, and performance intelligence of 69. His diagnosis of the appellant's mental ability was that he was in the upper level of "mild mental retardation." He concluded that the appellant had a reading level of a child in kindergarten or in the first grade, and that he could not have read the waiver of his rights, but would have understood it if it had been explained to him. He stated, "He may have had some difficulties with just the word usage." He further stated, however, that he was not saying that the appellant did not understand the waiver and its implications. He also admitted that some of his conclusions could be wrong and that the appellant could have manipulated his answers. He testified that, in his opinion, the appellant knew the difference between right and wrong and that he was capable of assisting in his defense. He testified that the appellant had a low frustration tolerance, displayed aggressiveness, and had poor impulse control, but had a basic level of awareness regarding the nature and quality of his actions. His diagnosis of the appellant's mental ability was disputed by Dr. Michael D'Enrico, a forensic psychologist, who testified for the prosecution. D'Enrico diagnosed the appellant's mental ability as being "mild mentally deficient."
The appellant did not testify at the hearing. He offered no evidence to explain the incriminating statement, and presented only one witness, Crook, in an effort to cast doubt on the prosecution's evidence that his waiver was knowing, voluntary, and intelligent, and that the inculpatory statement voluntary. After the hearing, the trial court ruled that the appellant's statement was admissible, and it was subsequently admitted into evidence at the trial.
The evidence at trial indicated that the appellant was "street smart," that he was engaged in an illegal interstate drug enterprise involving large sums of money, and that he was familiar with the workings of the criminal justice system, having had four prior felony convictions for serious crimes. Miranda was certainly not new or unknown to him, and he did not appear to be the type of person who could easily be overwhelmed or intimidated by police officers. We note also that the statement and waiver of rights were tape-recorded, and the tape was available for the trial court to hear. We have listened to the recording; the answers to the officers' questions were clear, detailed, concise, and given without hesitation. They indicate that the appellant was in control of his faculties and that he knew what was going on. They support the conclusion that the appellant was not under the influence of alcohol or drugs at the time he was questioned.
A confession or extra-judicial inculpatory statement is prima facie involuntary, and the prosecution must show voluntariness and a Miranda predicate to have it admitted. Thomas v. State, 373 So. 2d 1167 (Ala. 1979), vacated on other grounds, 448 U.S. 903 (1980); Lewis v. State, 295 Ala. 350, 329 So. 2d 599 (1976). Whether a waiver is voluntary, knowing, and intelligent depends upon the particular facts and circumstances of each case, including the background, experience, and conduct of the accused -- the totality of the circumstances. Thomas v. State; Wright v. State, 340 So. 2d 74 (Ala. 1976); Chandler v. State, 426 So. 2d 477 (Ala. Crim. App. 1982) (citing Edwards v. Arizona, 451
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