Richardson v. State

819 So.2d 91

Willie RICHARDSON v. STATE.

CR-99-2537.

Court of Criminal Appeals of Alabama.

May 25, 2001.

Rehearing Denied August 10, 2001.

Certiorari Denied October 19, 2001.

W. Donald Bolton, Jr., Foley; and Oliver J. Latour, Jr., Foley, for appellant.

Bill Pryor, atty. gen., and G. Ward Beeson III, asst. atty. gen., for appellee.

Alabama Supreme Court 1002043.

COBB, Judge.

Willie Richardson pleaded guilty to trafficking in marijuana, a violation of § 13A-12-231(1), Ala.Code 1975. The trial court sentenced Richardson to serve 15 years in prison and ordered him to pay the accompanying $25,000 fine, $100 to the Alabama Crime Victims Compensation Fund, the $1000 fine mandated by the Alabama Demand Reduction Assessment Act, and $100 to the Alabama Forensic Sciences Trust Fund. The trial court also ordered the suspension of Richardson's driver's license for six months and ordered the seized evidence to be condemned and forfeited to the Baldwin County Sheriff's Department. At his guilty plea proceedings, Richardson twice reserved the right to appeal the trial court's denial of his motion to suppress his statements to law enforcement and any evidence seized as a result of those statements.¹

According to the affidavit underlying the search warrant, the police had orchestrated a controlled buy at Richardson's residence earlier in the day on April 6, 1999. At the suppression hearing, Officer Dean McGowan, an investigator with the Baldwin County Sheriffs Department, testified that, on April 6, 1999, at approximately 5:55 p.m., he and seven or eight other officers executed a warrant upon Richardson's residence.² Upon the arrival of the law enforcement officers, Richardson was standing outside of his residence. The officers exited their vehicles and ordered Richardson to the ground. McGowan testified that they then handcuffed Richardson and took him inside his house, and McGowan read Richardson his Miranda rights from a card. McGowan testified that he and Richardson then had the following conversation:

"I told Mr. Richardson that we did not pick him out of the phone book to come and search his house. We had a valid search warrant. I showed him a copy of the search warrant.

"I advised him of what we were there for, that we were looking for narcotics and advised him that I thought he knew why we were there.

"And I asked him if there was any drugs in the residence and he took me to the end of the couch to a little table and there was a personal-use-amount of marijuana laying on the table.

"I told him I appreciated him showing me that but I didn't think that was all of the drugs at the residence. And I asked him if he would show me where the rest of it was. He hesitated for a few minutes.

"Then he said, `I'll show you.' He walked me outside, around the house to where there was a five gallon bucket and a black garbage bag sitting on top of it. He pointed to it and he said that's it.

"We opened it up and it was approximately 14 pounds of marijuana."

(R. 12-13.)

Richardson testified that the search warrant was executed at "about 5:00" when he and his 15-year-old daughter were at home and that he was not advised of his right to remain silent. (R. 31, 33.) Richardson also testified that he was stripsearched in view of his daughter, which McGowan had denied during his testimony. Additionally, Richardson testified to a different version of the events described by McGowan:

"[Richardson]: [McGowan] got me up off the ground, took me in the house and we got in the house.

"And he said he seen [a] small amount of marijuana on the table.

"[Defense counsel]: You say McGowan said he saw that?

"[Richardson]: Yes, sir.

"[Defense counsel]: You didn't tell him that?

"[Richardson]: I didn't tell him that.

". . . .

"[Defense counsel]: Now, at some point in time, were you forced or coerced into making any statements about anything else that was located outside?

".... [Objection.]

"[Defense counsel]: Did you make any statements at a later time about anything outside?

"[Richardson]: Yeah, I did. He ... said, if you tell us where the rest of the marijuana [is] at, that we would go light on you. Because he said you probably going to get 15 years in prison.

". . . .

"[Defense counsel]: Did you understand that as a promise or an inducement to make the statements?

"[Richardson]: Well, I was really just scared and I told him where the rest of the marijuana was.

"[Defense counsel]: And did you think by telling him that, though, that things would go better or lighter?

"[Richardson]: That things would go better.

". . . .

"[Defense counsel]: Would you have made the statements, told him where the other things were had he not made those statements to you?

"[Richardson]: No, I wouldn't have told him."

(R. 31-35.)

McGowan testified that one of the officers had already called Richardson's wife and asked her to come home. When she arrived, McGowan handcuffed her and told her that she was under arrest and had the right to remain silent. McGowan testified to the following:

"[Defense counsel]: And at that point there, you told Mr. Richardson that if he didn't give you additional information, [Mrs. Richardson] was going to be arrested and charged with the same drugs that you were discussing with him at the time?

"[McGowan]: We told him that we felt like she could not live in the residence and not know of the drug business that he was involved in that was going on there, and she could be charged.

"So, we asked him to give up the proceeds of the drug sales which was the currency that he had hidden and that we would release Mrs. Richardson.

"We didn't feel like we had as good a case on Mrs. Richardson. So, he gave up the proceeds and we did just that.

"[Defense counsel]: Okay. Let's go over there. There's no dispute, you told him, if you tell us where the money is, we'll not arrest your wife?

"[McGowan]: That's correct.

". . . .

"[Defense counsel]: To that end, you then took Mr. Richardson who was handcuffed and Mrs. Richardson who was handcuffed and you then put them in a marked sheriff's cruiser?

"[McGowan]: They were placed in the car long before this conversation with Mr. Richardson. They were already out of the car when Mr. Richardson and I had that conversation.

"[Defense counsel]: Well, let's back up a little bit. Before they were placed in the car, you told Mr. Richardson we're going to arrest your wife, too, unless you tell us where the money is, before they were ever placed in Deputy Naves's car?

"[McGowan]: I don't believe so, no, sir.

"[Defense counsel]: Well, you certainly will admit that they were placed in Deputy Naves's car?

". . . .

"[McGowan]: Yes. They were placed in the backseat of a marked unit but I don't remember which deputy did it. If you say that it was, okay.

"[Defense counsel]: And some person, either you or one of your co-workers prior to their being placed in that car had placed a recording device in that car?

"[McGowan]: That's correct.

"[Defense counsel]: And at no time when you placed he and his wife in the police car were they ever advised that there was a recording device that had been placed in that police car?

"[McGowan]: No, sir, they were not.

"[Defense counsel]: And when they were placed in there, they were in the backseat of that car, nobody was in the front seat, were they?

"[McGowan]: No, sir.

"[Defense counsel]: In fact, nobody was around the close proximity of that vehicle?

"[McGowan]: There were people all over and around the car, all around the house.

"[Defense counsel]: I understand. But if they are in the backseat of a car, nobody in the front seat, all four doors are closed?

"[McGowan]: Yes.

"[Defense counsel]: Windows are rolled up?

"[McGowan]: Yes, sir.

"[Defense counsel]: Nobody standing right next to the window listening in the window?

"[McGowan]: No, sir.

"[Defense counsel]: [Did] you then ma[k]e him aware that the conversation had been recorded after you took him out of the car?

"[McGowan]: I believe we did tell him that.

"[Defense counsel]: What you told him, we had a recorder in the car and we know where the money is and we know you know where the money is or something to that effect?

"[McGowan]: I think we did tell him that we knew he had money hidden, yes, sir.

"[Defense counsel]: And it was only when confronted with that tape and your promise or your word that you would not arrest his wife, did he make those statements regarding the location of the cash?

"[McGowan]: He took us to the cash, yes, sir.

"[Defense counsel]: He took you to it. Told you where it was?

"[McGowan]: Yes, sir.

"[Defense counsel]: Somebody actually played the tape for Mrs. Richardson, didn't they?

"[McGowan]: I don't recall."

(R. 23-28.)

Richardson testified that, when the police first put him and his wife in the patrol car, two officers got in the front seat, and, trying to convince them to disclose the location of the money, stated, "Don't let your wife go to jail, just tell us where the money is." (R. 38.) Richardson testified that, after the two officers got out of the car, Richardson consoled his crying wife and asked her if she wanted him to tell the police where the money was. The windows of the patrol car were rolled up, and Richardson testified that his wife was about to faint because of the heat. Richardson also testified that he would not have talked to his wife if he had known that their conversation was being recorded. Richardson and his wife both testified that the police played the recording for them. Richardson and his wife testified that, when the police played the tape for him, an officer said to his wife, "[I]f you ain't involved, you are involved now," (R. 39, 48), and he agreed to show them where the money was hidden.

Although McGowan testified that he did not threaten Richardson with taking his 15-year-old daughter into custody (R. 14), Richardson testified that the officers did threaten to take his daughter to juvenile detention. (R. 43.) Richardson's wife further testified:

"[Defense counsel]:

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