Hall v. State

Bruñe, C. J., delivered the opinion of the Court. The defendant-appellant, Leonard Hall, Jr., was indicted on a charge of murder, was found guilty of murder in the first ¹⁶² degree by a jury in the Circuit Court for Baltimore County, and was sentenced to death. He appeals. He raises four questions (though not in the order here stated) :—(a) whether the trial court erred in admitting into evidence a memorandum of an oral statement by the defendant and thereafter withdrawing it without properly instructing (or informing) the jury as to the ruling; (b) whether oral statements of the defendant were inadmissible by reason of prolonged interrogation, promises, threats and fears; (c) whether two witnesses should have been permitted to read to the jury alleged oral statements of the defendant taken down by them; and (d) whether the defendant was prejudiced by the alleged misconduct and inattention of some of the jurors.

Question (a) appears to be based upon a misapprehension of facts shown by the record. The two judges before whom this case was tried in the Circuit Court conducted a full and lengthy preliminary hearing out of the presence of the jury with regard to the admissibility of two oral statements made by the defendant (each of which statements had been reduced to writing). The court at first ruled that one of these statements (marked for identification as State’s Exhibit 30), which had been taken down by Detective Davis, was admissible in evidence, and seems to have been on the point of making a similar ruling with regard to the other statement, a transcript of stenographic notes made by Mr. Perkins, a court reporter, of a police interrogation of the defendant. As a result of a colloquy which began when Detective Davis was on the stand and was renewed during Mr. Perkins’ testimony, the court reversed its ruling as to State’s Exhibit 30 and did not admit Mr. Perkins’ transcript, which was marked for identification as State’s Exhibit 32.

When the jury was recalled it was agreed by stipulation of counsel for the State and for the defendant that the testimony taken in open court (but not in the presence of the jury) relating to the admissibility of these oral statements should be read to the jury by the court reporter, Mr. Danker. This was done, but the reading was stopped by the court at the point where the colloquy began which resulted in Exhibit 30 being first admitted but later being held inadmissible. When this point was reached a conference was held between court and ¹⁶³ counsel for both sides, out of the presence of the jury, as a result of which it was explicitly stipulated that no more of the proceedings before the court but out of the presence of the jury should be read to the jury. The result was to omit the reading of certain testimony of Detective Davis and testimony of Mr. Perkins relating to the respective statements taken down by them.

Each of them was then called to testify with regard thereto before the jury. When Detective Davis was so called, he was first asked whether he had taken notes of his conversation with the defendant at the Parkville Police Station. He replied that he had. He was next asked if he had those notes with him.

To this he answered, “They are admitted as an exhibit, sir.” The court very promptly corrected this statement and made it clear that the notes had been marked for identification as (State’s) Exhibit 30, but that they were not in evidence. This was a correct statement of the facts as shown by the record. The appellant’s brief, however, states: “It is submitted, without authority, that the Appellant was prejudiced when the trial court erroneously admitted into evidence the State’s Exhibit No. 30 (E. 265, 266) as being a memorandum of the Appellant’s oral statement and thereafter rejecting the Exhibit as documentary evidence. The error could only have been harmful because the jury at one point was advised through the testimony that it was admitted and was not thereafter advised that it was rejected or withdrawn.

The impression made upon the jury was unquestionably prejudicial.” Without considering at this point the legal correctness or incorrectness of the trial court’s rulings on the admissibility of this exhibit, we think it quite evident from the record that the contentions above quoted from the appellant’s brief as to failure of the trial court properly to advise the jury of its rulings are completely lacking in factual support. A brief outline of the facts of the case pertinent to questions (b) and (c) is as follows: Anna Gaff, aged 66, resided with her husband John T. Gaff, aged 78, on the premises in which they conducted a tavern on Back Neck River Road, at Essex in Baltimore County. On the night of July 15-16, 1959, Anna Gaff was ¹⁶⁴ gagged, bound and stabbed to death in the kitchen on the ground floor of the building. A kitchen knife was found driven into her back up to the handle, and she had been stabbed six times besides.

Cigar boxes usually containing some $700 or more in cash, a safe deposit key and other keys with a metal tag bearing Mr. Gaff’s name were missing. The tavern had closed before the murder was committed. Mr. Gaff had gone to bed and to sleep in a room on the ground floor somewhat removed from the tavern and kitchen; an aged Negro handyman, who occupied a room in the cellar had also gone to bed and to sleep. Neither heard any sounds during the robbery and murder.

Mr. Gaff discovered his wife’s body at about three o’clock in the morning of July 16th. The police were promptly notified and arrived on the scene within a few minutes. There were no eyewitnesses of the murder. On the afternoon of July 16th, while the police were still searching for clues and evidence at the Gaff tavern, the defendant, who had been sitting in the tavern, came up and asked one of the officers if he was working on the case and inquired whether there were any fingerprints.

He stated, “Well, if you got fingerprints you will catch the person who did it.” The defendant told the police officers that he had been at the Gaff tavern the night before, that he knew “Mom and Pop” well and often came into the place and that he had stopped in to pay his respects. In response to the police sergeant’s inquiry he gave his name and gave his address as the Ritz Hotel in Baltimore, and said that the police could get hold of him if they wanted to talk to him. He then left the tavern. The police sergeant called his lieutenant just after this talk and they agreed that it would be well to get Hall in for further questioning.

The police located him at another tavern in the neighborhood, and he then willingly went with them to the Essex Police Station. Hall was picked up at about 6:25 P. M., questioning began at 8:07 P. M. and it continued until 12:28 A. M. He said that he had recently come from New Jersey and was staying at the Ritz Hotel in Baltimore. The officers had ascertained that there was no hotel of that name in Baltimore and so told the defendant. At least one other discrepancy developed in ¹⁶⁵ his statements, but he made no incriminating admissions.

Hall agreed to go with the police in their search for the hotel where he was actually staying. On the way he said that maybe he had told the police enough already, that he would not tell them where his hotel was and that he thought he ought to see a lawyer. The police replied that that was his privilege and the subject does not appear to have been pursued further. He also expressed a desire to see a minister, which the police agreed he might do.

Hall proceeded to guide the officers to the Edison Hotel, near Fayette and Gay Streets, in Baltimore. He gave the officers the number of his room and sat in a police car while the “evidence squad” searched his room. They found the keys and tag and the cigar boxes above referred to under a chair in the appellant’s room. The cigar boxes contained over $420 in bills and change and two checks later identified by customers as having been cashed at the Gaff tavern.

Just before 1 A. M. on July 17th, while awaiting the result of the search, Hall covered his face with his hands and said to the two detectives with him: “I am not afraid to die, I just don’t want to go to hell.” When informed by the evidence squad that certain evidence had been found in his room, he said: “If you will take me to a station, I will tell you all about it.” They then set out for the Parkville Police Station and, while en route, Hall said: “I don’t know why I did it, I don’t know, I just don’t know.” When Hall arrived at Parkville he was taken to an interrogation room where he made a statement between 1:57 A. M. and 2:25 A. M. Detective Davis took very full notes of this statement in longhand—in fact, the entire statement, word for word, he testified. The remainder of this paragraph is based upon Detective Davis’ testimony with regard to this statement. In it the defendant described the robbery or larceny in detail and the binding and gagging of Mrs. Gaff. He said that Mrs. Gaff must have gotten the gag loose and started “hollering for help.” At this point Plall said: “I don’t know what happened.

I just don’t know what happened.” He further said: “I must have killed her, but I don’t know.” He said he must have grabbed a knife, that he didn’t know ¹⁶⁶ where it was when he grabbed it, that he had a gun, but didn’t want to shoot Mrs. Gaff, that that was why he tied and gagged her. Hall then spoke of a pillow which he took from the Gaffs’ bedroom. He later said, “I took the pillow back to the storeroom after I killed her.” Mr. Perkins, a court reporter for the Circuit Court for Baltimore County (though not acting in his official capacity), was summoned from his home and he took down in question and answer form a further interrogation of Hall by Captain Adams of the County Police. (He had with him in court both his original stenotype notes and a transcription thereof.) This oral statement was in general an amplification of Hall’s previous statement as recorded by Detective Davis, and, like it, was a full admission of the robbery or larceny.

As to the stabbing he again said that he didn’t know what happened after Mrs. Gaff got the gag loose and began to “holler” for help. He was then asked the direct question, “Did you stab Mrs. Gaff?” He answered, “I guess so,” and amplified this under further questioning by saying, “Well, I must have stabbed her.” He denied knowing how many times he had stabbed her and said he would have shot her if he wanted to kill her. A question or two later, when asked how he knew she was stabbed to death, he answered: “The paper says she was stabbed to death. The people at the bar said she was stabbed to death, so I must have done it.” Two questions later he said he couldn’t remember he stabbed Mrs. Gaff or what he did with her.

Some time thereafter when questioned as to whether he had stabbed Mrs. Gaff before putting the pillow back (this question seemingly being based on Detective Davis’ notes of the earlier statement), Hall concluded his answer by saying: “I don’t know. I must have stabbed her. After she started hollering, I don’t know.” Hall’s statements, as reported, about everything but the knife and the stabbing do not seem to show any lapse of memory or confusion as to details. This interrogation lasted from 3:27 A. M. to 4:15 A. M., July 17th.

The defendant testified on the admissibility of these statements. He claimed that one of the officers had promised to put in his notes that Hall had “cooperated” and so to inform the judge if Hall would tell the truth and give a statement. ¹⁶⁷ He also claimed that Captain Adams had talked and acted roughly at the Essex Police Station, slamming his fist on the table and calling Plall a “damned liar” and saying he wanted the truth; but Hall denied being afraid of him and said that he told Captain Adams “if you hit me, I will tell you nothing.” Hall makes no claim that he was struck at any time and said that Captain Adams “didn’t exactly threaten me.” Pie claimed that while he was outside the Edison Hotel, the police said they were going to keep him until he made a statement. He admitted that they did not say that they were going to force a statement out of him, but claimed they said they would keep him until he made one. He said that he made the statement because he was scared and wanted to be by himself (in a cell at a police station).

He was asked whether, while he was in custody, anyone ever asked “if you were mistreated or promised anything.” He said that such a question had been asked and that his reply was “No, I been treated nice.” He was then asked if that answer was truthful and he replied, “Yes, sir, I been treated nice.” The only promise which he asserted had been made was that an officer had “promised me that he would put it in his report if he would cooperate.” Hall himself did not testify that he had asked to see a lawyer and the only testimony on that subject was that of the police above set forth. The police officers denied any threats or promises of any kind. Captain Adams admitted having slapped his open palm (not his fist) on the desk and having called the defendant a “damned liar.” During the night of the interrogations the defendant was given cigarettes, Coca Cola, coffee and perhaps doughnuts. It does not appear that he asked for more food or that he asked for rest.

Mr. Perkins, the court stenographer who took down his last statement, testified that Hall was very deliberate and quite often would hesitate in his answers, but could not say whether this was due to fatigue. Neither of Hall’s statements was read back to him and he did not sign either of them at any time. Detective Davis and Mr. Perkins each testified to the fact of the defendant’s making the oral statement which he had re ¹⁶⁸ corded, each testified that his recording had been made as the statement was given and that his recording (in one case longhand, in the other by stenotype) was correct when made. Neither felt able to give accurately and fully the statement recorded by him even after refreshing his recollection by reading the statement.

Mr. Perkins was more positive as to his lack of recollection, refreshed or otherwise, of the defendant’s statement than was Detective Davis. Detective Davis was permitted virtually to read to the jury from the longhand statement which he had taken down. Mr. Perkins was permitted to read the questions and answers from his stenotype notes. Neither Davis’ written statement nor any transcript of Perkins’ notes was admitted as documentary evidence.

The question of the voluntary and uncoerced character of the statements was first passed upon by the court and resulted in their being admitted in the manner stated. The question of whether the statements were voluntary or were obtained by force or threats or by holding out any hope or promise for their obtention was also squarely submitted to the jury, and the jury was instructed that a confession might be considered if the jury found that it was freely and voluntarily made, but not if it was obtained by force or threats or by inducements holding out hopes or promises to the accused. The jury was also instructed that these confessions, if valid, constituted “verbal” confessions, notwithstanding that they had been written down, and that the defendant could not be convicted on an [extrajudicial] confession alone, without independent evidence tending to prove that the crime had actually been committed by someone. The only exception to the instructions taken by the defendant was because of the court’s refusal to instruct the jury that there was no legally sufficient evidence to establish a premeditated murder.

Neither this exception nor any other objection to the charge is raised on appeal. During the several questionings of the defendant there were always at least two police officers present, and at times as many as four. There is no claim that the defendant was immature, ignorant or of deficient mentality. His exact age is not shown, but one of the statements shows that he was old enough to ¹⁶⁹ have been married and (presumably) divorced, since he said that one of the reasons why he needed money was that he was behind in his alimony payments.

In considering appellant’s contention that his admissions or oral confessions (which we shall refer to below as confessions) were improperly obtained, we start with the rule that “[b]efore a confession can be admitted in evidence, the State must show, to the satisfaction of the court, that it was the free and voluntary act of an accused; that no force or coercion was exercised by the officers obtaining the confession to cause the accused to confess; that no hope or promise was held out to an accused for the purpose of inducing him to confess. If, after a consideration of both the evidence of the State -and the evidence offered by an accused (if any be offered by him) regarding the matter, the court is of the opinion that the evidence shows, prima facie, that the confession was freely and voluntarily made, it should be admitted in evidence; and, if not, it should be rejected. The matter, in the first instance, is for the court, and involves a mixed question of law and fact. When admitted in evidence it is prima facie proof that the confession was freely and voluntarily made, but the ultimate fact is for the jury, and must be considered by it in the light of all the facts and circumstances of the case.” (Smith v. State, 189 Md. 596, 603-4 , 56 A. 2d 818, 821 , quoted with approval in Linkins v. State, 202 Md. 212, 222-223 , 96 A. 2d 246 .) And if the court decides to admit the confession, “the same evidence is then given to the jury, as it has the final determination, irrespective of the court’s preliminary decision, whether or not a confession is voluntary, and whether it should be believed.

In so doing, the jury is entitled to have before it all of the evidence which affects the voluntary character of the document, and which the court passed upon in admitting it.” Linkins v. State, supra, 202 Md. at 223 , citing and quoting from Day v. State, 196 Md. 384, 399 , 76 A. 2d 729, 736 . See also Peters and Demby v. State, 187 Md. 7 , 48 A. 2d 586 , Jones v. State, 188 Md. 263 , 52 A. 2d 484 , and McCleary v. State, 122 Md. 394 , 89 A. 1100 , all cited in Linkins ; and Edwards v. State, 194 Md. 387 , 71 A. 2d 487 ; Jackson v. State, 209 Md. 390 , 121 A. 2d 242 . If there is a ¹⁷⁰ conflict of testimony as to how the confession was obtained that is to be resolved in the first instance by the court and ultimately by the jury. See the cases above cited and Cox v. State, 192 Md. 525, 536-537 , 64 A. 2d 732 .

In the instant case, if the alleged promise to include in the police report a statement that the defendant had “cooperated,” amounted to such an inducement as would vitiate these confessions (a question which we do not pass on), there was ample evidence to support a finding that no such promise had been made. The desk thumping and calling the defendant a liar did not, according to his own testimony, intimidate him and there is no indication that any force or violence