124 Mich. App. 723 | Mich. Ct. App. | 1983
The Wayne County Prosecuting Attorney appeals by leave granted an August 19, 1982, opinion and order of the Recorder’s Court for the City of Detroit ordering defendant’s confession suppressed on the grounds that a promise initiated by the interrogating police officer, Detective
At a Walker hearing, the trial judge sits as the trier of fact. When confronted with a conflict in the testimony, it is his duty to determine the credibility of the witnesses and arrive at his decision of whom to believe. People v Yacks, 38 Mich App 437, 440; 196 NW2d 827 (1972). The Walker hearing record in the instant case amply supports the trial judge’s finding that Detective Kramer initiated the promise to defendant. Nevertheless, this Court is required to examine the entire record and make an independent determination of the ultimate issue of voluntariness. People v Robinson, 386 Mich 551, 558-559; 194 NW2d 709 (1972). Some of the relevant factors in determining the issue of voluntariness include: (a) the duration and conditions of detention; (b) the manifest attitude of the police toward the accused; (c) the physical and mental state of the accused; and (d) diverse pressures which sap or sustain the accused’s powers of resistance or self-control. People v Allen, 8 Mich App 408, 412; 154 NW2d 570 (1967), citing Culombe v Connecticut, 367 US 568; 81 S Ct 1860; 6 L Ed 2d 1037 (1961). The ultimate consideration is whether " 'the confession (is) the product of an essentially free and unconstrained choice by its maker’ ”. People v Carl Johnson, 99 Mich App 547, 555; 297 NW2d 713 (1980).
We find that the defendant’s statement was voluntary. Defendant was in custody for not more
The decision of the trial court is reversed. At trial defendant’s statement will be admissible.
Reversed.