Defendant appeals from a bench trial conviction in Detroit Recorder’s Court of two counts of second-degree murder, MCL 750.317; MSA 28.549. Defendant was sentenced to life imprisonment on each conviction.
On appeal, defendant challenges the trial court’s ruling, following a
Walker
hearing, that defendant’s confession was admissible.
People v Walker (On Rehearing),
When reviewing the trial court’s ruling on the voluntariness of a confession, this Court will examine the entire record and reach an independent
*161
determination of voluntariness.
People v Robinson,
Defendant was convicted for the March 10, 1984, shooting deaths of James and John Aronowski. On May 1, 1984, police were interrogating Robert Whetstone and James Allen concerning two other recent homicides. In the course of his interview, Whetstone stated that defendant was a good friend of his and Allen’s. Sergeant Sanders was told to pick up defendant for questioning. Sanders drove to defendant’s house, advised him that he was investigating a homicide possibly involving Allen and Whetstone, and asked him if he would come downtown to answer some questions. Defendant agreed.
Sanders began interviewing defendant at 6:00 p.m. without advising him of his rights. At 9:28 p.m. defendant began talking about an armed robbery unrelated to the homicides under investigation. At this point the police suspected that defendant himself may have been involved in criminal activity and advised him fully of his rights. Thereafter, defendant confessed to participating in the Aronowski murders.
The issue in this case is whether defendant was subjected to "custodial interrogation” when the police began questioning him upon his arrival, at the police station.
Miranda v Arizona,
Custody occurs when a person has been deprived of his freedom of action in a meaningful way.
People v Blackburn,
Defendant testified at the Walker hearing that he was told he could not go home until he talked. The trial judge, however, found that defendant was not being entirely truthful. Sergeant Sanders testified that they planned to bring defendant back home that night and denied telling defendant that he could go home only after he finished answering some questions. Both defendant and Sergeant Sanders testified that defendant voluntarily agreed to come to the station to answer questions about his friends Whetstone and Allen who were in custody. At the time he arrived at the station defendant was not a suspect, at least to Sergeant Sanders’ knowledge, in any ongoing criminal investigation. We find no error in the trial court’s conclusion *163 that defendant was not under arrest or otherwise in custody when he came to the station for questioning.
Affirmed.
Judge Shepherd concurs for the reason that under the facts of this case the defendant was not in custody, was not the focus of the investigation and there is no evidence of coercion.
Notes
There is a conflict in Michigan as to whether the "focus test” or the "custody test” must be applied in determining whether
Miranda
advice must be given prior to police questioning. See
People v Wallach,