599 So. 2d 1238 | Ala. Crim. App. | 1992
The appellant, Shirley Ann Brooks, was indicted for the offense of murder. A jury found the appellant "guilty as charged" in the indictment. She was sentenced to a term of 99 years' imprisonment. This appeal follows.
On March 1, 1990, Charles Ray Griffin was murdered in his automobile on Eagle Lodge Road in Calhoun County, Alabama. The appellant arrived at the scene while the officers were investigating the murder. Mike Miller, with the Calhoun County Sheriff's Office, testified that the appellant told him that she and the victim were loading a set of drums into the car to be taken to the pawn shop when some masked men came up and shot the victim in the head and shot her in the hand.
Max Kirby, Assistant Chief Deputy with the Calhoun County Sheriff's Office, testified that he told the appellant that he did not believe her statement. The appellant then confessed that she shot the victim in the head. She also gave information as to where the gun was located. Dr. Joseph Embry, a pathologist, testified that the cause of death was a gunshot wound to the left side of the victim's head.
Specifically, the appellant argues that her confession was involuntary because she functions in the borderline range of intelligence. A report from Dr. Wilkerson of the Calhoun Cleburne Mental Health Board shows that the appellant functions at a full scale of 75 on an I.Q. (intelligence quotient) test, which is borderline or below average intelligence. Dr. Wilkerson did find that the appellant was fully competent to stand trial and to assist her attorney in the case. The court did consider this information before deciding that the appellant had "waived her Miranda rights in full knowledge and understanding of the consequences of doing so." (R. 301.) InCardwell v. State,
Cardwell,"[T]he presence of a diminished mental capacity, coupled with use of alcohol or drugs, will not warrant a finding that the confessions were not voluntary. Having a low I.Q. will not invalidate the statement unless the I.Q. is so very low that the person making the statement absolutely cannot understand his Miranda rights. Arnold v. State,
448 So.2d 489 (Ala.Crim.App. 1984). The evidence in this case falls far short of proof of such a condition."
The fact that a defendant may suffer from a mental impairment or low intelligence will not, without other evidence, render a confession involuntary. See Colorado v. Connelly,
Also, the appellant argues that her confession was involuntary because Officer Kirby made the following statements to the appellant: "It's the truth that I want", "I don't think you're telling me the truth." "It's going to stand when the world's on fire." (R. 277.) It is well settled that a confession is not made inadmissible because the accused is told that it is better for him to tell the truth. Eakes v. State,
It is clear from the record of this case, based on the totality of the circumstances, that the appellant's confession was freely and voluntarily given. There was no evidence that the officers coerced this appellant by fraud, threat, or any other inducement to confess. Thus the confession was properly admitted into evidence at trial.
"The State need only prove to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain.Sommer v. State,
Roger Griffin, the victim's brother, testified that the victim's car was released to him on March 2, 1990. He testified that he drove the car to his mother's house. Roger Griffin testified that on March 5, 1990, he discovered a shell bullet casing in the front seat of the victim's automobile. He then notified Officer Kirby. Officer Kirby came and took possession of the shell casing. Roger Griffin testified that his sister had driven the car once before the shell casing was found.
Officer Kirby testified that on March 6, 1990, he gave the casing to Don Glass, assistant chief deputy in charge of patrol that day. Deputy Glass testified that he transported the evidence to the state forensics laboratory in Birmingham, Alabama. When Deputy Glass arrived at the laboratory, he placed the casing in David Higgins's office in a locked drawer. Mr. Higgins is a a firearms and tool marks examiner for the Alabama Department of Forensic Sciences. He also testified that the casing was in the same condition at the time he transported it to the laboratory and placed it in Higgins's office as it was when he received it from Officer Kirby. Mr. Higgins testified that he compared the shell casing with other shell cases fired from the .22 caliber pistol used in the murder to determine if they were fired from the same weapon. He further testified that the shell casing was in the same condition at the time he performed the tests as it was when he received it. After a review of the record, we find the State did establish a sufficient chain of custody of the shell casing found in the victim's car.
In the prosecution for the offense of murder, the State must prove the corpus delicti, which is: 1) the death of the victim named in the indictment, and 2) that the death was caused by the criminal object of another. Scanland v. State,
For the foregoing reasons, the judgment is due to be affirmed.
AFFIRMED.
All the Judges concur.