Gill v. State

Thompson, J., delivered the opinion of the Court. Gilbert Brown Gill, the appellant, was convicted by the Circuit Court for Baltimore County, in a court trial, of robbery with a deadly weapon and kidnapping. He was sentenced to two concurrent fifteen year sentences. On appeal, he contends his confession to the crimes was improperly admitted into evidence.

The record shows Gill was arrested on January 9, 1970 ³⁸⁰ for the crimes which occurred on December 30, 1969, at which times Gill was sixteen years of age, having completed the seventh grade in school. The important parts of the testimony relating to the confession can be quoted. Detective Corporal Joseph J. Corrigan, of the Baltimore County Police Department, testified as follows: “Q. When if anything did you tell him prior to taking the statement, Officer ?” “A. Consisting of he had a right to remain silent, anything he said could be used against him in a court of law. He was intitled [sic] to an attorney.

If he couldn’t afford an attorney the Circuit Court of Baltimore County would provide him with an attorney, and having this in mind did he wish to make any statement to us with the understanding that at any time during the interview his rights, his constitutional rights would be adhere to and would be recognized until an attorney would be present.” “Q. . . . Now, after so advising Mr. Gill what if anything did he say? Did he seem to understand what you were talking about or did he ask questions about it? “A. Made no statement at all and remained silent. Nothing more was said. “Q. Then what happened ? “A. He was transported to Baltimore County Police Headquarters by myself and Detective Hyson.

Upon arrival at Police Headquarters information was attempted to be attained [sic] as to where his parents were so they could be immediately notified. We couldn’t contact his parents. There was no phone. We permitted him to make a number of phone calls before any interview. ³⁸¹ “Q. Were you there when he made the phone calls ? “A. He was in within my sight.

I did not get as far as to see what he had to say or anything. I gave him the privacy of the telephone. “Q. Approximately how many calls did he make? “A. I believe it was three. One was to his grandmother who I talked to. I believe her name was Jones, Mrs. Jones, who lives in Ellicott City and in talking with Mrs. Jones I explained to her the charges that were pending in Baltimore County and also requesting that he — that she contact his parents.

Over the phone I did relate to Mrs. Jones of the rights that I had given Gilbert and more or less she said . . .” “Q. Let me ask you, Officer, did you make the defendant any promises, threats or inducements in any manner to give you a statement? “A. No, ma’am. None whatsoever.” “Q. Did you just read him the Miranda warning? “A. No. The waiver was read on the back also. “Q. Now, you said he didn’t say anything at that time, is that correct? “A. Something. Maybe, T know, I know.’ But nothing that would be evident [sic] to the case.” “Q. Did you make any effort to contact the Howard County Police and have then [sic] contact his parents ? “A. Yes, sir. “Q. What did they tell you? ³⁸² “A. It came back they had no answer at the door.” “Q. But you can remember that in your own recollection, is that your testimony, that he did ask for a lawyer sometime but you think it was the second day? “A. If he made any mention of a lawyer and he wanted a lawyer he would have had a lawyer.” “Q. Did you testify on direct that you read the little white card ? “A. Yes, sir. “Q. What did you do, just read it? “A. No, sir. I did not just read it.

After each and every caption on the card or rules set forth by Miranda I ask [sic] him completely and exclusively had he understood it and also to relate to me what his interpretation was of what I had said to him.” The record shows Gill had been arrested by Baltimore City Police officers. Corporal Corrigan and Detective Hyson received him from the Baltimore City office at 3:45 P.M. and transported him to Towson, arriving at 4:00 P.M. After the telephone calls, questioning began at 5:00 P.M. and the written statement was signed at 5:50 P.M. After arguments of counsel, the court ruled the confession was voluntary and admissible. However, at the request of defense counsel, testimony of Gill on the issue was heard; the trial