[Cite as State v. Guzzi, 2015-Ohio-4426.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY, OHIO
STATE OF OHIO, : OPINION
Plaintiff-Appellee, :
CASE NO. 2014-L-101
- vs - :
JOSEPH T. GUZZI, :
Defendant-Appellant. :
Criminal Appeal from the Lake County Court of Common Pleas, Case No. 13 CR
000607.
Judgment: Affirmed.
Charles E. Coulson, Lake County Prosecutor, and Teri R. Daniel, Assistant Prosecutor,
Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH
44077 (For Plaintiff-Appellee).
Charles R. Grieshammer, Lake County Public Defender, and Vanessa R. Clapp,
Assistant Public Defender, 125 East Erie Street, Painesville, OH 44077 (For
Defendant-Appellant).
THOMAS R. WRIGHT, J.
{¶1} Appellant Joseph T. Guzzi pled no contest to two counts of rape, a felony
of the first degree, in violation of R.C. 2907.02(A)(2). He was sentenced to two, nine-
year prison terms to be served concurrently. On appeal, Guzzi claims that the trial court
erred in overruling his motion to suppress his statements to the police. For the following
reasons, we affirm.
{¶2} On August 12, 2013, detectives from the Lake County Sherriff’s office
sought to question Guzzi on a matter unrelated to his charges. They believed he could
help them with their investigation regarding the rape of a sixteen-year-old girl. This girl
had reportedly been raped while babysitting M.N., who turned out to be Guzzi’s ten-
year-old victim. Although the detectives knew that Guzzi was present on the night that
the sixteen-year-old was raped, he was not a suspect. Moreover, the detectives had no
knowledge that Guzzi had victimized M.N.
{¶3} Detectives Donald Seamon and his partner arrived at Guzzi’s residence
and requested that he accompany them to the station to give a statement. Guzzi said
that he wanted to help out, but did not have a car. The detectives therefore offered him
a ride. Guzzi was then transported in an unmarked police car to the station. He was
not restrained in any way.
{¶4} Upon arrival, the detectives escorted Guzzi to an interview room where he
was permitted to keep his cell phone. The detectives removed their weapons before
entering the room and activated a video and audio recording device.
{¶5} At the very beginning of the interview, the detectives stated that they just
wanted to talk to Guzzi, and they informed him, “You are not under arrest. You are not
in custody. You are going home when we are done talking to you. Okay. All we are
going to do is talk to you. No matter what we talk about today you are going home.”
{¶6} During the beginning of the interview, the detectives and Guzzi largely
talked about his relationship with the babysitter, and what he knew about the babysitter
and her relationship with members of M.N.’s family and circle of friends. However,
Guzzi briefly mentioned his relationship with M.N. and said that he would never harm
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her. He also said that they frequently played video games at one another’s homes.
After telling the detectives that M.N. would sometimes play video games in his room,
Guzzi remarked that he has no adult pornographic material in his room, but that if he
did, M.N. would not find them.
{¶7} At this point, the interview began to focus on M.N., Guzzi, and
pornography instead of the sixteen-year-old’s rape. Upon further questioning, Guzzi
admitted that he has some “guy magazines” in his room, but claimed they were hidden.
He also admitted that he has pornographic movies in his room. Guzzi said that he told
M.N. that he would give her these movies when she turned 18. When asked how he
and M.N. got on the topic of pornography, Guzzi claimed that he caught her on
pornographic websites on her tablet. He also said that M.N. was confused about her
sexual orientation.
{¶8} The interview then briefly returned to the babysitter rape investigation, and
Guzzi revealed that he was afraid of the babysitter’s mom because she is a “cop.”
Thereafter Guzzi informed them that once while sleeping near the babysitter, he awoke
with his hand on her breast. Upon further questioning, the detectives asked whether a
similar incident had occurred with M.N. Guzzi denied that anything of that nature
occurred with M.N.
{¶9} After about an hour of questioning, the detectives took a break. They told
Guzzi to “just relax,” asked him if he wanted anything to drink, and told him to “sit tight”
for a minute.
{¶10} Upon their return, the interview resumed with an immediate focus on M.N.,
Guzzi, and pornography. The detectives informed Guzzi that M.N. told them that Guzzi
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was helping her explore her sexuality by looking at pornography. Guzzi then confessed
that he would bring up “categories” of pornography on her tablet without actually
showing her videos. Guzzi continued to deny that he showed M.N. any pornography.
However, upon further questioning, Guzzi admitted that he showed M.N. a variety of
pornography to explain different sexual orientations to her. Guzzi also admitted to
allowing M.N. to watch one pornographic video a week. Guzzi later admitted that he
went to counseling “for this stuff” when he was 10 or 12 years old. He also stated that
he almost molested his sister when she was a toddler.
{¶11} The detectives told Guzzi that M.N. had told them more information than
he had told them, and they needed him to be honest with them. The detectives stated
that M.N. needed help and that “[they] need[ed] [Guzzi’s] help to help [M.N.].” With a
desire to help M.N. get the counseling she needed, Guzzi admitted that he stuck his
fingers in her vagina three times. Shortly thereafter, the detectives ended the interview
and took Guzzi home. They obtained a warrant and arrested Guzzi the next day.
{¶12} A grand jury eventually indicted Guzzi for three counts of rape in violation
of R.C. 2907.02(A)(1)(b) and one count of disseminating materials harmful to juveniles
in violation of R.C. 2907.31(A)(1). Guzzi moved to suppress his statements to the
detectives because they failed to secure a waiver of his Miranda rights and since his
statements were involuntary. The trial court overruled the motion. Guzzi subsequently
entered a no contest plea to two amended counts of rape in violation of R.C.
2907.02(A)(2). This appeal follows.
{¶13} As his sole assignment of error, Guzzi asserts:
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{¶14} “The trial court erred when it denied the defendant-appellant’s motion to
suppress in violation of his due process rights under the Fifth, Sixth, and Fourteenth
Amendments of the United States Constitution and Section 10, Article 1 of the Ohio
Constitution.”
{¶15} Within this assignment, Guzzi reasserts his arguments that his statements
to the police should have been suppressed because the detectives failed to obtain
Guzzi’s waiver of his Miranda rights and his statements were involuntary.
{¶16} “An appellate court’s review of a motion to suppress presents a mixed
question of law and fact. State v. Long (1998), 127 Ohio App.3d 328, 332, 713 N.E.2d
1. In reviewing the trial court’s findings of fact, an appellate court must give due weight
to inferences drawn from those facts by the trial court because the trial court is in the
best position to resolve questions of fact and evaluate the credibility of witnesses. State
v. Hopfer (1996), 112 Ohio App.3d 521, 548, 679 N.E.2d 321, appeal not allowed
(1996), 77 Ohio St.3d 1488, 673 N.E.2d 146. Accordingly, an appellate court reviews a
trial court’s findings of fact only for clear error. State v. Russell (1998), 127 Ohio App.3d
414, 416, 713 N.E.2d 56. A trial court’s legal conclusions, however, are reviewed by an
appellate court de novo. Id. at 416.” State v. Yeager, 9th Dist. Summit Nos. 21091,
21112, 21120, 2003-Ohio-1808, ¶5.
{¶17} The requirement that police administer Miranda warnings is triggered only
when interrogations are custodial in nature. State v. Lynch, 98 Ohio St.3d 514, 2003-
Ohio-2284, ¶47 (citation omitted). Custodial interrogation means “questioning initiated
by law enforcement officers after a person has been taken into custody or otherwise
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deprived of his freedom of action in any significant way.” Miranda v. Arizona, 384 U.S.
436, 444 (1966).
{¶18} In determining whether an individual is in custody for purposes of Miranda,
the court considers “the circumstances surrounding the interrogation” and whether,
under those circumstances, “a reasonable person [would] have felt he or she was not at
liberty to terminate the interrogation and leave.” Thompson v. Keohane, 516 U.S. 99,
112 (1995). A non-custodial interrogation becomes custodial when there is a “formal
arrest or restraint on freedom of movement” similar to that of a formal arrest. California
v. Beheler, 463 U.S. 1121, 1125 (1983) (citation omitted). A determination of whether
an interrogation is custodial or non-custodial depends on the objective circumstances of
the interrogation, not the subjective views held by either the officer or the person being
questioned. Stansbury v. California, 511 U.S. 318, 323 (1994).
{¶19} In this case, Guzzi argues the following factors demonstrate that he was in
custody for Miranda purposes: (1) the detectives showed up armed and unannounced;
(2) Guzzi was not advised that he did not have to speak with the police, (3) Guzzi was
separated from his parents when he was questioned; (4) Guzzi was led through five
different doors at the police station to the interview room, and two of those doors
required a key card to enter; (5) he was instructed to have a seat in the interview room
and waited in isolation for a brief period; (6) the police informed him that he could go
home when they were done talking to them; (7) he was not informed that he could
terminate the interview; and (8) he was questioned for two hours without being informed
of his Miranda rights.
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{¶20} In support, Guzzi directs us to State v. Buckholz, 11 Ohio St.3d 24 (1984),
that involved comparable facts and where the court held that a Miranda warning was
required. However, the issue before the court was whether Miranda safeguards are
implicated only in felony investigations. It held that the warnings are required
regardless of whether the suspected crime is a misdemeanor or a felony.
{¶21} Further, even assuming the facts in Buckholz are analogous to this case,
the Ohio Supreme Court did not hold that the defendant was in custody as a matter of
law based on those facts. Rather, the Ohio Supreme Court stated, “[t]he state in the
case at bar has not raised on appeal the question of whether [the defendant] was
subject to custodial interrogation at the time he gave the second statement. In light of
the state’s argument that Miranda is inapplicable solely because [the defendant] was
convicted of a misdemeanor, we assume that the state concedes that [the defendant]
was in custody and subjected to interrogation.” Buckholz, 11 Ohio St.3d at 26, fn. 2.
Consequently, other courts have found Buckholz is of limited value when the state
contests whether the defendant was in custody. State v. Lawson, 5th Dist. Licking No.
08-CA-52, 2009-Ohio-115; State v. Springer, 135 Ohio App.3d 767 (7th Dist.1999). As
the state has contested custody in this case, Buckholz is inapplicable.
{¶22} Furthermore, Guzzi’s arguments ignore that he was never restrained by
the police, that he voluntarily went to the police station, and that the police informed him
that he was not in custody or under arrest. Further, the detectives placed no emphasis
on the “we” when they stated that the interview would end “when we are done talking
with you.” Given the prior notifications that Guzzi was not under arrest or in custody, a
reasonable person would not have felt that he was not at liberty to terminate the
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interview and leave. Finally, the detective’s statement that Guzzi should “sit tight” did
not negate their prior statement that he was not in custody or under arrest. Accordingly,
we find that Guzzi was not in custody for Miranda purposes at the time of his
incriminating statements.
{¶23} Next, Guzzi argues that his developmental disabilities and problems
interacting with people, combined with the detectives’ pressure, made his statements
involuntary. Specifically, the defense claims that the police used the following tactics as
psychological pressure: expressing confidence in the suspect’s guilt; focusing on why
rather than if the suspect committed the act; relating the suspect’s motivation for
committing the act; minimizing the moral seriousness of the offense; casting blame on
the victim or society; claiming that the victim made allegations when she had not; and
claiming that the victim would not receive counseling without Guzzi’s help. Guzzi was a
high school graduate and was not taking any prescription medications at the time of his
interview.
{¶24} In determining the voluntary nature of a waiver of a criminal suspect's
Miranda rights, a reviewing court will look at the “totality of the circumstances.” State v.
Gumm, 73 Ohio St.3d 413, 429, 1995-Ohio-24, 653 N.E.2d 253 (1995). In deciding
whether a defendant’s statement is voluntary, the trial court should consider factors
including, “the age, mentality, and prior criminal experience of the accused; the length,
intensity, and frequency of interrogation; the existence of physical deprivation or
mistreatment; and the existence of threat or inducement.” (Citation omitted.) State v.
Worley, 11th Dist. Trumbull No. 2001-T-0048, 2002-Ohio- 4516, ¶161. “A suspect's
decision to waive his Fifth Amendment privilege against compulsory self-incrimination is
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made voluntarily absent evidence that his will was overborne and his capacity for self-
determination was critically impaired because of coercive police conduct.” State v.
Dailey, 53 Ohio St.3d 88, 559 N.E.2d 459 (1990), paragraph two of the syllabus.
Contrary to Guzzi’s assertions, his statements were voluntary and were not made in
response to police coercion, threats, or misconduct.
{¶25} Accordingly, the sole assignment of error lacks merit, and the judgment of
the Lake County Court of Common Pleas is affirmed.
CYNTHIA WESTCOTT RICE, J., concurs,
COLLEEN MARY O’TOOLE, J., dissents with a Dissenting Opinion.
____________________
COLLEEN MARY O’TOOLE, J., dissents with a Dissenting Opinion.
{¶26} I find merit with the first issue presented by Mr. Guzzi under his
assignment of error: he was subjected to custodial interrogation without benefit of his
Miranda rights. I would reverse and remand, instructing the trial court to grant the
motion to suppress. I would not reach the second issue raised: i.e., whether his
statements were involuntary.
{¶27} The police differentiate between an “interview” and an “interrogation.” The
purposes of an interview are to “[o]btain relevant information about the situation or
crime”; [e]stablish rapport with the subject”; and “gather information and determine
facts.” Ohio Peace Officer Training Commission, Education & Policy Section, Peace
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Officer Basic Training, Interview & Interrogation, Unit 11 – Topic 15, at 10 (Jan. 1,
2014). It “generally has a non-accusatory tone.” Id. By contrast, an interrogation is
used not merely to gather information relevant to an investigation, but to “establish
innocence,” or to obtain information leading “to a confession or an admission.” Id. at 13.
{¶28} In this case, the detectives initially conducted an interview with Mr. Guzzi:
they simply were trying to gather information regarding the alleged rape of the sixteen-
year-old babysitter. However, during the course of the interview, Mr. Guzzi began
giving information about his conduct with the child being babysat – M.N. He
acknowledged allowing this ten-year-old to see pornography. The detectives took a
break, telling Mr. Guzzi to “just relax,” and “sit tight,” and leaving him alone in the
interrogation room. When the detectives returned, they concentrated their questions on
Mr. Guzzi’s conduct with M.N., eliciting the information which led to Mr. Guzzi’s
indictment. The “interview” had clearly become an “interrogation.” The question is,
whether the interrogation was custodial, requiring the detectives to give Mr. Guzzi
Miranda warnings.
{¶29} “The right to Miranda warnings is grounded in the Fifth Amendment’s
prohibition against compelled self-incrimination. Moran v. Burbine (1986), 475 U.S.
412, 420, * * *. Police are not required to administer Miranda warnings to every
individual they question. State v. Biros (1997), 78 Ohio St.3d 426, 440, * * *. Only
custodial interrogations trigger the need for Miranda warnings. Id., citing Oregon v.
Mathiason (1977), 429 U.S. 492, 495, * * *.
{¶30} “An individual is in custody for purposes of Miranda when there has been
a formal arrest or when the person’s freedom of movement is restrained such that a
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reasonable person in the suspect’s position would believe that he or she is under arrest.
State v. Petitjean (2000), 140 Ohio App.3d 517, 523, * * *; Berkemer v. McCarty (1984),
468 U.S. 420, 442, * * *. A police officer’s subjective view of whether the person is in
custody is not relevant to the analysis. Stansbury v. California (1994), 511 U.S. 318,
319, * * *.” (Parallel citations omitted.) State v. Tate, 7th Dist. Mahoning No. 07 MA
130, 2008-Ohio-3245, ¶41-42.
{¶31} First, Mr. Guzzi was told, at the break in questioning, to remain where he
was, having already been told by the detectives he would be taken home when they
were done with him – not when he chose to terminate the proceedings. Second, the
interrogation room is deep inside the Sheriff’s department, behind five doors. None of
these lock from inside – but what civilian, unfamiliar with the premises, would know this?
Finally, there is the simple fact that Mr. Guzzi does not drive, and could not leave
without being driven by the detectives. Under these circumstances, a reasonable
person would not feel free to leave, or end the interrogation. He or she would feel under
arrest. Further, the record makes clear Mr. Guzzi suffers from certain developmental
disabilities, which is apparent from the DVD of the interrogation. The learned trial judge
perceived this, as evidenced by his questioning of the testifying detective at the
suppression hearing.
{¶32} I think there was a sufficient limitation on Mr. Guzzi’s freedom to invoke
Miranda.
{¶33} I respectfully dissent.
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