State v. Prasertphong9/2/2003
t you," and then grabbed Prasertphong by the throat and hit his head against the wall. Prasertphong also testified that Detective Olivas suggested that if Prasertphong cooperated they would help him get a life sentence rather than the death penalty. When Prasertphong still refused to make a statement, he was told, "Tell us what you know and we'll release you after this." Prasertphong testified it was at that point he agreed to make a recorded statement.
Both detectives denied making any threats or promises to Prasertphong. Detective Charlton testified that he never discusses the death penalty in interviews. Although the trial court admonished the detectives for their failure to record the entire interview with Prasertphong, it denied the motion to suppress, finding that any untaped comments did not affect the voluntariness of Prasertphong's statement.
The credibility of the detectives was later called into question when it was revealed that in an unrelated interview, Detective Charlton told an arrestee that he "may be facing the death penalty." In that case, a report prepared by Detective Olivas confirmed that the statement was made and that the defendant agreed to make a statement if the detectives promised that he would receive a life sentence instead of the death penalty. After discovering this information, Prasertphong filed a motion to reconsider the denial of his motion to suppress. The trial court denied the motion to reconsider.
We view the facts presented at the suppression hearing in the light most favorable to upholding the trial court's factual findings but review its legal conclusions de novo. State v. Hyde, 186 Ariz. 252, 265, 921 P.2d 655, 668 (1996); State v. Schinzel, 202 Ariz. 375, 378, 12, 45 P.3d 1224, 1227 (App. 2002). We review a trial court's decision to admit a defendant's statements for abuse of discretion. State v. Jones, 203 Ariz. 1, 5, 8, 49 P.3d 273, 277 (2002), opinion supplemented by ___ Ariz. ___, 72 P.3d 1264 (2003).
Confessions are presumed involuntary, and the state has the burden of proving otherwise by a preponderance of the evidence. State v. Lacy, 187 Ariz. 340, 346, 929 P.2d 1288, 1294 (1996). To be deemed voluntary within the meaning of the Fifth Amendment to the United States Constitution, a statement or confession must not have been induced by any "direct or implied promises, however slight," State v. Tapia, 159 Ariz. 284, 290, 767 P.2d 5, 11 (1988), "nor by the exertion of any improper influence" or physical threats. Malloy v. Hogan, 378 U.S. 1, 7 (1964) (citation omitted); Townsend v. Sain, 372 U.S. 293, 307 (1963), overruled on other grounds by Keeney v. Tamayo-Reyes, 504 U.S. 1 (1992). The trial court must look to the totality of the circumstances to determine whether a defendant's will has been overborne. Schneckloth v. Bustamonte, 412 U.S. 218, 226 (1973). A confession is rendered involuntary as the result of a promise if two requirements are met:
First, there must be an express or implied promise, and second, the defendant must rely on the promise in making the confession. State v. Doody, 187 Ariz. 363, 370, 930 P.2d 440, 447 (App. 1996) (citations omitted).
When, as here, there is a conflict between a defendant's testimony and that of the police, resolution of that conflict is left to the trial court. Tapia, 159 Ariz. at 288, 767 P.2d at 9. "A prima facie case for admission of a confession is made when the officer testifies that the confession was obtained without threat, coercion or promises of immunity or a lesser penalty." State v. Jerousek, 121 Ariz. 420, 424, 590 P.2d 1366, 1370 (1979). The detectives' testimony that they had neither made promises, nor used threats or coerc
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