State of Iowa v. Kenneth Lee Madsen
813 N.W.2d 714
| Iowa | 2012Background
- Madsen was charged with two counts of second-degree sexual abuse and one count of lascivious acts with a child arising from interactions with D.M.K.
- The first interview with DHS was noncustodial and not electronically recorded; the second interview at the police station was recorded (audiotaped and videotaped).
- Madsen admitted various sexual acts during the nonrecorded DHS interview and the recorded police interview, including self-directed penis touching and masturbation by D.M.K. at Madsen's residence.
- Detective Chansler later made promises of leniency during the second interview, indicating things would be wrapped up if Madsen disclosed everything.
- The district court held the confessions voluntary; the court of appeals affirmed, and the Supreme Court granted further review.
- The Supreme Court reversed as to Count I, affirmed Counts II and III, remanded for resentencing on Counts II and III, and ordered a new trial on Count I.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is nonrecording of the first interview admissibility barred? | Madsen | Madsen | No per se exclusion for unrecorded interview |
| Do promises of leniency taint voluntariness under evidentiary vs totality analysis? | State | Madsen | Promises taint voluntariness under evidentiary test; remand for suppression on Count I |
| Was trial counsel ineffective for not challenging promises under the evidentiary test? | State | Madsen | Counsel breached essential duty; relief granted for Count I |
Key Cases Cited
- State v. Mullin, 249 Iowa 10 (Iowa 1957) (promises of leniency can render statements involuntary)
- State v. Hodges, 326 N.W.2d 345 (Iowa 1982) (line crossed when officer explains advantages of confessing)
- State v. Quintero, 480 N.W.2d 50 (Iowa 1992) (threats about consequences for family can render confession involuntary)
- State v. Polk, 812 N.W.2d 670 (Iowa 2012) (consideration of leniency promises within totality framework)
- McCoy v. Iowa, 692 N.W.2d 6 (Iowa 2005) (counsel's failure to file motion to suppress constitutes breach)
- State v. Hajtic, 724 N.W.2d 449 (Iowa 2006) (failure to record custodial interrogation; encouragement of recording)