Lawrence v. State

357 Ga.App. 272

850 S.E.2d 463

LAWRENCE

v.The STATE.

A20A1075

Court of Appeals of Georgia.

October 21, 2020

Rouse & Copeland, Amy Lee Copeland, for Appellant.

John Thomas Durden Jr., District Attorney, Melissa Leigh Poole, Assistant District Attorney, for Appellee.

Miller, Presiding Judge.

In 2013, a Liberty County jury found Adrian Lawrence guilty of six counts of sexual exploitation of children ( OCGA § 16-12-100 (b) ). Lawrence appeals from the verdicts, the sentence, and the trial court's denial of his motion for new trial, arguing that (1) the trial court erred in determining that he freely and voluntarily waived his rights before making statements to officers; (2) venue was inappropriate in Liberty County and thus there was insufficient evidence of venue to support the verdict; (3) his trial counsel rendered ineffective assistance by failing to object to a jury instruction that allegedly permitted the jury to find that he could be convicted for conduct that occurred in Chatham County; and (4) the trial court abused its discretion when it made no provisions to feed the jurors an evening meal or permit them to obtain dinner during deliberations. Having reviewed the record in this case and discerned no reversible error, we affirm.

Viewed in the light most favorable to the jury's verdicts,¹ the record shows that detective captain Charles Woodall specializes in computer related investigations and was assigned to the "internet crimes against children task force" with the Liberty County Sheriff's Department. In this role, Detective Woodall monitors various peer-to-peer file sharing networks that are used for the distribution of child pornography. In December 2009, while he was operating out of his Liberty County office, Detective Woodall observed a specific IP address that was offering for download various files containing child pornography and that the IP address was local to Liberty County and had been issued by a local Internet service provider. Utilizing his undercover computer, Detective Woodall connected to the computer associated with the IP address and downloaded two files, which he determined were videos depicting child pornography. During his investigation, Detective Woodall downloaded files from this same IP address on seven occasions. Detective Woodall determined that the IP address was located at the Hunter Army Airfield in Fort Stewart, and he contacted the United States Army Criminal Investigation Command ("CID") at Fort Stewart. After receiving permission from the commander to search Lawrence's room, Detective Woodall seized Lawrence's computer. During a forensic examination, Detective Woodall determined that the files he had downloaded had been distributed through Lawrence's computer because they had "identical hash values" and were still stored on Lawrence's computer in the "share directory." Agent Jillian Rich with the CID interviewed Lawrence after he signed a waiver of rights, and Detective Woodall conducted a separate interview with Lawrence after he signed a Miranda² rights warning certificate.

Lawrence was indicted on six counts of sexual exploitation of children ( OCGA § 16-12-100 (b) ), with each count alleging that he knowingly distributed child pornography in Liberty County. The jury found Lawrence guilty of all counts of the indictment, and the trial court sentenced Lawrence to serve ten years, with the first six years to be served in confinement and the remainder to be served on probation. Lawrence filed a motion for new trial. The trial court denied the motion after a hearing, and this appeal followed.

1. First, Lawrence argues that the trial court erred in determining that he knowingly, voluntarily, and intelligently waived his rights before making statements to law enforcement. Specifically, he argues that (1) he was afraid that he would be reprimanded or lose rank if he did not answer Agent Rich's questions; (2) he had been awake since the early morning of the interview with her and underwent a lengthy interview with only one bathroom break and water break; and (3) he feared discharge, pay reduction, and discipline if he did not speak with Detective Woodall during the second interview. This enumeration of error fails because the trial court properly determined that Lawrence's statements were freely and voluntarily made.

In reviewing a ruling on the admissibility of a defendant's statements where the facts are disputed, we accept the trial court's factual findings and credibility determinations unless they are clearly erroneous, but we independently apply the law to the facts. A reviewing court may consider facts that definitively can be ascertained exclusively by reference to evidence that is uncontradicted and presents no questions of credibility, such as facts indisputably discernible from a videotape. On the other hand, to the extent that legally significant facts were proved by evidence other than the video recording, the trial court as factfinder was entitled to determine the credibility and weight of that other evidence.

(Citation and punctuation omitted.) State v. Richardson , 353 Ga. App. 368, 368-369, 837 S.E.2d 524 (2020).

At the Jackson-Denno³ hearing, the trial court heard testimony from Agent Rich, Detective Woodall, and Lawrence and entered extensive factual findings on the record before determining that Lawrence's statements were freely and voluntarily made. As to the interview with Agent Rich, which it classified as a detention, the trial court found that Lawrence reported to formation at approximately 5:20 a.m.; he arrived at the CID office at around noon; he had nothing to eat that morning; and he was told by a sergeant transporting him to the CID office to answer the interview questions as a PFC should. The trial court also found, however, that Lawrence had breaks during the day; that he had no medical conditions; he used the bathroom; he had something to drink; Agent Rich read the rights waiver to him aloud; there were no threats or promises during the interview process; and, although the interview room underwent a rise in temperature during the day, the heat was alleviated by opening the doors and turning on the air conditioner. Regarding the interview with Detective Woodall, the trial court found that Detective Woodall interviewed Lawrence in his office at the Liberty County Sheriff's Office; before the interview began Detective Woodall advised Lawrence that he had a warrant for his arrest but Lawrence was only arrested after the interview; Detective Woodall read Lawrence's rights to him aloud; Lawrence was not under duress and indicated that he understood his rights; Lawrence never asked for a break or an attorney; and Detective Woodall did not threaten Lawrence or make any promises to him.

Given the testimony at the hearing, the trial court's findings of fact were not clearly erroneous. Agent Rich testified that when Lawrence arrived at the CID building she discussed Lawrence's rights with him. Although she testified that the interview lasted seven hours, Agent Rich explained that Lawrence was allowed breaks, he was asked whether he needed anything to eat or drink, and she did not threaten him or make any promises. Additionally, Lawrence testified that Agent Rich did not threaten him or make any promises to him, and Detective Woodall, who was also present at the interview, testified that Lawrence was not threatened with loss of rank or pay. He added that while the room was not overly comfortable, they "were able to get up and cool it off[.]"

As to the interview with Detective Woodall, Detective Woodall testified that he obtained a warrant for Lawrence before the interview and told Lawrence that the warrant existed based on the interview with Agent Rich, but that he served it on Lawrence after the interview was completed. Detective Woodall testified that Lawrence was asked whether he wanted water or needed to use the bathroom, and that during the 30-minute interview Lawrence was not threatened, and he did not indicate that he wanted an attorney or that he wanted to discontinue the interview. Moreover, as to both interviews, Lawrence admitted that Agent Rich and Detective Woodall reviewed his rights with him, that he indicated that he understood those rights, and that he was never denied a break. See Hance v. State , 245 Ga. 856, 858-859 (2), 268 S.E.2d 339 (1980) (defendant's statements to CID agents were freely and voluntarily made where the agents, acting through the defendant's commanding officer, requested that the defendant accompany them to CID headquarters for the purpose of being interviewed, the defendant was advised of his rights, the interview lasted more than nine hours, and no promises were made to the defendant during the interview); Nguyen v. State , 273 Ga. 389, 396 (2) (b), 543 S.E.2d 5 (2001) (statements were freely and voluntarily given where there was no evidence that the detective threatened the defendant or offered him any reward to speak with him or that the defendant was denied use of the bathroom, food, or water, and the defendant did not request an attorney or ask the detective to stop interviewing him); Dexter v. State , 293 Ga. App. 388, 391 (2), 667 S.E.2d 172 (2008) ("Police can ... encourage a defendant to tell the truth without rendering a confession involuntary."). Accordingly, the trial court properly admitted Lawrence's statements from both interviews.

2. Next, Lawrence argues that there was insufficient evidence to support venue in Liberty County because all of the actionable conduct in this case, i.e., the distribution of pornography, occurred on a military base in Chatham County, and thus venue was only appropriate...