Griffith v. State

ATTORNEY FOR APPELLANT                  ATTORNEYS FOR APPELLEE




JOHN P. WILSON                               STEVE CARTER

Wilson, Green & Cecere                       Attorney General of Indiana
Greenwood, Indiana
                                             ROBIN HODAPP-GILLMAN
                                             Deputy Attorney General
                                             Office of the Attorney General
                                             Indianapolis, Indiana




                                   IN THE

                          SUPREME COURT OF INDIANA
_______________________________________________________


FERNANDO C. GRIFFITH                    )
       )
      Appellant (Defendant   Below)                )
                                        )
               v.                        )    Supreme Court Cause No.
                                        )   41S00-0109-CR-438
STATE OF INDIANA                  )
                                        )
      Appellee (Plaintiff Below)             )
____________________________________________________________________________
__

                DIRECT APPEAL FROM THE JOHNSON CIRCUIT COURT
                      The Honorable K. Mark Loyd, Judge
                        Cause No. 41C01-0005-CF-00114



                                May 16, 2003


SHEPARD, Chief Justice


      While in police custody, appellant Fernando Griffith confessed that he
burglarized the residence of Lloyd and Judy Georges,  murdered  the  couple,
and set fire to their home.  He contends that  his  confession  should  have
been suppressed because the authorities were tardy in presenting  him  to  a
magistrate after his arrest.


      We agree that this delay exceeded acceptable limits, but conclude that
the trial court correctly declined to suppress  the  confession,  which  was
given well after Griffith’s initial court appearance,  during  an  interview
which he requested.




                Statement of the Facts and Procedural History



      The Greenwood Fire Department responded to  a  fire  at  the  home  of
Lloyd and Judy Georges early on May 19, 2000.  Investigators discovered  the
bodies of Lloyd and Judy, and autopsies confirmed that stab wounds were  the
cause  of  death.    Investigators   further   determined   the   fire   was
intentionally set with an accelerant.  Jewelry was missing  from  the  house
along with Lloyd’s wallet.  The Georges’  car  was  also  missing  from  the
garage.

      The Greenwood police learned that a witness saw a black male  carrying
a gas can in the front yard of the  Georges’  house  and  walking  into  the
front door of their home.  A  neighbor  informed  police  that  he  saw  the
Georges’ car pulling out of their garage the same morning around  5:05  a.m.
The police found the car ablaze a few days later and ruled it arson  because
accelerant was used to fuel the fire.
      Assisting the Greenwood Police, Indianapolis Officer Jack Tindall  and
Detective Thomas Richard Tudor went to Griffith’s apartment building  around
10:15 p.m. on May 21st, where they noticed that Griffith  smelled  of  burnt
smoke and had band-aids on his hands  and  fingers.   At  Detective  Tudor’s
direction, Officer Tindall transported  Griffith  to  the  Greenwood  Police
Department where Officer John Laut noticed the strong  smoke  odor  and  the
band-aids while booking Griffith.  Upon further inspection, Laut  found  one
of Lloyd’s rings in Griffith’s pocket.  Griffith was arrested between  10:20
p.m. and 11:10 p.m.

      Greenwood Detective Patti Cummings directed Officer Tindall  to  bring
Griffith to the interrogation room for questioning.  When Griffith  arrived,
Detective Cummings advised him  of  his  Miranda  rights  during  the  early
morning hours of  May  22.   Griffith  was  held  at  the  Greenwood  Police
Department before transport to the Johnson County  Jail,  which  caused  his
name to be excluded from the jail population list of suspects  who  were  to
appear before the Magistrate within  forty-eight  hours.   Later  that  day,
police transported Griffith to the Johnson County Jail.

      Hollis Kehrt was also arrested in connection with  the  present  case.
On May 23rd, the Greenwood Police, a captain from the Johnson  County  Jail,
and the Johnson County Prosecutor wired Kehrt and placed  him  in  the  cell
with Griffith to  obtain  “incriminating  information”  about  the  Georges’
murder.  Police placed Kehrt in the cell with Griffith  before  he  appeared
before a magistrate.  The police were unable  to  collect  any  information,
however, because they could not decipher any data from the wire.

      The following day, police asked Griffith’s girlfriend Jamie  Young  to
make a controlled call in an  effort  to  obtain  incriminating  information
from Griffith.  Though police instructed Young not to reveal that  the  call
was controlled, she immediately did so, and Griffith revealed nothing.

      The Greenwood Police prepared a probable cause affidavit on May  22nd,
and revised it on May 23rd.  On May 24th, Magistrate Craig Lawson  conducted
an  initial  hearing  and  determined  that  probable  cause   existed   for
Griffith’s arrest.

      The following day, Griffith’s wife Elizabeth phoned  Greenwood  police
and told them that Griffith wanted to speak with them.   One  day  later,  a
judge granted an order to draw a  sample  of  Griffith’s  blood.   While  en
route to the hospital for the blood draw, Griffith confirmed that he  wanted
to speak with the Greenwood police.

       At the later meeting with the  Greenwood  police,  officers  informed
Griffith of his rights, including his right to counsel and right  to  remain
silent, and Griffith signed  a  waiver.   Griffith  then  confessed  to  the
murder of Lloyd and Judy Georges and the burglary and arson of  their  home.



      Thereafter, the State charged Griffith with two counts of murder,  one
count of burglary as a class B felony, and one count of  arson,  a  class  B
felony.  A jury found  him  guilty  of  all  counts.   The  court  sentenced
Griffith to life  without  parole  for  the  murders,  and  two  consecutive
eighteen-year sentences for the counts of burglary and arson.


      Griffith initiated this direct appeal, claiming (1)  that  the  police
did not have probable cause to arrest him without a warrant,  (2)  that  the
delay in taking him before a magistrate  made  his  confession  involuntary,
and (3) that he had an  Equal  Protection  right  to  counsel  before  being
charged.

   This Court reviews all challenges on a question of law under  a  de  novo
standard.   We  review  denial  of  motions  to  suppress  as  a  matter  of
sufficiency.  Goodner v. State, 714 N.E.2d 638 (Ind.  1999).   In  reviewing
the trial court's ruling  on  the  validity  of  a  warrantless  arrest,  we
consider the  evidence  favorable  to  the  trial  court's  ruling  and  any
uncontradicted substantial evidence to the  contrary  to  determine  whether
there is sufficient evidence to support the ruling.   Vance  v.  State,  620
N.E.2d 687 (Ind. 1993).


   A trial court has broad discretion in  ruling  on  the  admissibility  of
evidence, and we will disturb its rulings only where it is  shown  that  the
court abused that discretion.  Wilkinson v. State,  743  N.E.2d  1267  (Ind.
Ct. App. 2001), trans. denied.  We view the circumstances in their  totality
and, without reweighing evidence and considering conflicting  evidence  most
favorable to the trial court's ruling, determine if  there  was  substantial
evidence of probative value to support the trial court's ruling.  Id.





                             Warrantless Arrest



      Griffith first claims that the trial court should have suppressed  his
confession because it was  the  product  of  a  warrantless  arrest  without
probable cause.


      Probable cause adequate to support a warrantless arrest  exists  when,
at the  time  of  the  arrest,  the  officer  has  knowledge  of  facts  and
circumstances that would warrant a person of reasonable caution  to  believe
that the suspect committed a criminal act.  Borkholder v. State, 544  N.E.2d
571 (Ind. Ct. App. 1989); Ind. Code Ann. § 35-33-1-1(a)  (West  1998).   The
amount of evidence necessary to meet the probable cause  requirement  for  a
warrantless arrest is determined  on  a  case-by-case  basis.   Peterson  v.
State, 674 N.E.2d 528 (Ind. 1996).

      Probable cause can rest on collective information  known  to  the  law
enforcement organization  as  a  whole,  and  not  solely  on  the  personal
knowledge of the arresting officer.  See Manson v. State, 249 Ind.  53,  229
N.E.2d 801 (1967). The police force is considered a unit.  Where there is  a
police-channel communication to the  arresting  officer,  he  acts  in  good
faith  thereon,  and  such  knowledge  and  information  exist  within   the
department, the arrest is based on probable cause.  See Whiteley v.  Warden,
401 U.S. 560 (1971); see also Francis v.  State,  161  Ind.  App.  371,  316
N.E.2d 416 (1974).


      The evidence here indicates that Lloyd recently told a friend that his
relationship with Griffith, who he called “Val,” had become dire because  he
refused to purchase a vehicle for Griffith.  Griffith’s son  confirmed  that
Val was Griffith.  A neighbor reported that Lloyd argued with  a  black  man
who fit Griffith’s description on his porch on the day  of  the  fire.   The
Georges’ car was missing and found ablaze two days later.  A witness  saw  a
black male carrying a gas can in the Georges’ front yard and walk  into  the
front  door  of  their  home.   Furthermore,  upon  approaching   Griffith’s
apartment, Officer Tindall immediately smelled the strong odor of  smoke  on
Griffith and noticed band-aids on Griffith’s hands  and  fingers.   He  also
found one of Lloyd’s rings in Griffith’s pocket.


      The arresting officers had probable cause  to  believe  that  Griffith
murdered the Georges and committed burglary and arson.  The arrest was  thus
valid.




                     Delay in Presentation to Magistrate



      In his second motion to suppress  his  confession,  Griffith  asserted
that the delay between his arrest and the probable  cause  hearing  violated
his rights under the United States Constitution.
      An individual detained following a warrantless arrest is entitled to a
“prompt” judicial determination of probable cause as a prerequisite  to  any
further restraint on his liberty.  Gerstein  v.  Pugh,  420  U.S.  103,  114
(1975).  The promptness requirement is satisfied  under  Gerstein  when  the
“administrative steps incident to arrest” are completed.  Id.  In  Riverside
v. McLaughlin, 500 U.S. 44, 56 (1991) (citations  omitted),  the  Court  was
more specific about the Gerstein standard:  “a  jurisdiction  that  provides
judicial determinations of probable cause within 48 hours  of  arrest  will,
as a general matter, comply with the promptness requirement of Gerstein.”

      The law of Due Process  acknowledges  that  delays  cannot  always  be
avoided,[1]  but  the  government  must  justify  such  delays.   “Where  an
arrested individual does not receive a probable cause  determination  within
48 hours,  …  the  burden  shifts  to  the  government  to  demonstrate  the
existence of a bona fide emergency  or  other  extraordinary  circumstance.”
Id. at 57.  The fact that in a particular  case  it  may  take  longer  than
forty-eight hours to consolidate pretrial proceedings does  not  qualify  as
an extraordinary circumstance.  Id.

      The facts show that approximately  sixty-three  hours  passed  between
Griffith’s  arrest  and  his  appearance  before  the   magistrate   for   a
determination of probable cause.  Thus, the burden shifted to the  State  to
demonstrate a bona fide emergency or  extraordinary  circumstance.   Because
Griffith was not included  on  the  jail  population  list,  his  appearance
before a magistrate was  delayed.   Of  course,  Riverside  stands  for  the
proposition that preliminary  paperwork  and  pretrial  proceedings  do  not
constitute an extraordinary circumstance.  The  State  is  thus  correct  to
acknowledge that the detention for sixty-three hours  prior  to  a  probable
cause hearing was unreasonable under the Riverside analysis.


      Whether this requires suppression of Griffith’s confession is  another
matter.  Even  where  a  confession  occurs  before  the  defendant  sees  a
magistrate, suppression  may  not  be  the  inevitable  remedy.   Powell  v.
Nevada, 511  U.S.  79,  84  (1994)  (delay  in  presentation  to  judge  was
unconstitutionally delayed, but “[i]t does not necessarily follow,  however,
that Powell must ‘be set free’”).

      The trial court in this  case  ordered  suppression  of  any  evidence
gained after the forty-eight hours elapsed but  before  the  probable  cause
hearing occurred.  (App. at 585.)  Griffith’s confession, however,  did  not
occur until two days after he saw the magistrate.  And it  occurred  because
he asked to speak with officers from the Greenwood Police Department.

      We think it plain  enough  that  Griffith’s  confession  was  not  the
product of delay in bringing him before the magistrate and  that  the  trial
court correctly declined to suppress it.


                         Was the Confession Coerced?



     Griffith further argues that his confession was obtained  in  violation
of his rights against self-incrimination.

      Admissibility  of  a  confession  is  governed  determining  from  the
totality of the circumstances  whether  or  not  it  was  made  voluntarily.
Light v. State, 547  N.E.2d  1073  (Ind.  1989).   Standard  indicators  for
voluntariness include whether the  confession  was  freely  self-determined,
the product of a rational intellect and free  will,  without  compulsion  or
inducement of any sort,  and  whether  the  accused's  will  was  overborne.
Johnson v. State, 250 Ind. 283, 235 N.E.2d 688 (1968).  Although  the  State
at trial was required to prove the  voluntariness  of  Griffith’s  statement
beyond a reasonable doubt, we review the question on appeal as we  do  other
sufficiency matters.  We do not weigh the  evidence,  but  rather  determine
whether there was  substantial  probative  evidence  to  support  the  trial
court's finding.  See Works v. State, 266 Ind. 250, 362 N.E.2d 144 (1977).


       Substantial  evidence  supports  the  trial  court’s   finding   that
Griffith’s confession was voluntary.  Griffith signed a waiver after  police
informed him of his Miranda rights.    While being held, Griffith asked  his
wife to inform police that he wished to speak with them.

      Griffith never invoked his right to remain silent, as he  now  argues.
He simply commented, “I might as well not say anything  more,”  in  response
to the police not striking any deals  with  Griffith  for  his  information.
(Appellant’s App. at 95-96.)  Yet,  he  continued  to  disclose  information
after this statement during the interrogation.  Griffith’s  statement,  like
that of the defendant in Haviland v. State, 677  N.E.2d  509,  514-15  (Ind.
1997) who told police during interrogation, “I am through with  this,”  does
not constitute an invocation of silence.


      We therefore hold that Griffith’s confession was voluntary.





                              Denial of Counsel


      Griffith finally contends that his  confession  should  be  suppressed
because the court did not appoint counsel for him during the probable  cause
hearing or at the time he confessed.  Griffith contends  this  violated  the
Equal Protection Clause of the Fourteenth Amendment.
      Griffith acknowledges that the  Sixth  Amendment  right  to  appointed
counsel  at  public  expense  attaches  at  the  moment  an  information  or
indictment is filed (something Magistrate Lawson told  Griffith  during  the
probable cause hearing).   Griffith  says  a  person  of  means  could  hire
counsel to assist him in the hours before formal charges are filed and  that
depriving him of such help denies him equal protection and due process.


      As Justice Kennedy has observed, “The Fourteenth  Amendment’s  promise
that no person shall be  denied  the  equal  protection  of  the  laws  must
coexist with the practical necessity that most  legislation  classifies  for
one purpose or another, with resulting disadvantage  to  various  groups  or
persons.”  Romer v. Evans, 517 U.S. 620, 631 (1996).  The  line  for  court-
appointed counsel has been drawn where it has  been  drawn.   Griffith  does
not contend he suffered any damage by virtue of  what  occurred  during  his
preliminary hearing, and  when  he  asked  to  speak  with  the  police  and
eventually confessed, he did so with the full knowledge that legal  help  at
public expense was just at the horizon.


      The trial court was right to deny Griffith’s request to  suppress  his
confessions on these grounds.







                                 Conclusion



      We affirm the judgment of the trial court.


DICKSON, SULLIVAN, BOEHM, and RUCKER, JJ., concur.
-----------------------
[1] See e.g. Riverside, 500 U.S. at 55. (“Examples of delays include  delays
caused by paperwork and  logistical  problems.   Records  will  have  to  be
reviewed, charging documents drafted, appearance of  counsel  arranged,  and
appropriate bail determined.  On weekends, when the  number  of  arrests  is
often higher and available resources tend to be  limited,  arraignments  may
get pushed back even further.  In our view,  the  Fourth  Amendment  permits
reasonable postponement of a probable cause determination while  the  police
cope with the everyday problems of processing  suspects  through  an  overly
burdened criminal justice system.”)