Appeal from District Court, Hennepin County, Hon. Irving C. Iverson, Judge, Affirmed but remanded for resentencing on the second-degree murder conviction.
Considered and decided by the court en banc without oral argument.
The opinion of the court was delivered by: Simonett
1. Admission at trial of incriminating statements made by defendant to his jailer while in custody awaiting trial did not, under the totality-of-the-circumstances test, violate either defendant's fifth or sixth amendment rights. Neither did the trial court err with respect to other evidentiary rulings of which defendant complains.
2. Because the trial court gave no reasons for its durational departure in sentencing for the second-degree murder conviction and because the departure may have been barred on an impermissible Hernandez calculation, we remand for resentencing for this conviction.
This criminal appeal raises, as its main issue, whether incriminating statements made by the defendant while in jail were obtained in violation of his fifth, sixth, and fourteenth amendment rights. Several evidentiary rulings are also questioned, as well as the durational departure on the presumptive sentence given for defendant's second-degree murder conviction. We affirm, but remand for resentencing on the second-degree murder conviction.
On Wednesday evening, March 10, 1982, having received calls from concerned family members, the police entered the apartment of defendant-appellant Craig D. Jackson. They discovered the bodies of Ramona Yurkew, Jackson's girlfriend; Gwendolyn Johnson, another woman; and Jackson's two sons, ages 3 1/2 and 1 1/2 years old. Defendant was indicted, tried, and convicted for three counts of first-degree murder for killing his girlfriend and two sons, and for one count of second-degree murder for the killing of Gwendolyn Johnson. At the omnibus hearing, after the trial court denied defendant's suppression motions and refused to rule in advance on the admissibility of any Spreigl evidence, the defendant elected not to bifurcate his trial on issues of guilt and mental illness.
Autopsies disclosed that the cause of death in each case was manual strangulation. Gwendolyn Johnson had last been seen about 10 p.m. on Saturday, March 6, 1982. Ramona Yurkew had last been seen about 4 a.m. on Sunday, March 7, and the children had last been heard from when they talked by telephone with Jackson's mother about noon on Sunday, March 7. It was estimated the two children had died sometime before 10 p.m. on that Sunday and the two young women had died sometime before the children. Police investigation established that Jackson had been in and out of his apartment subsequent to the four deaths. Between the time of the killings and the discovery of the bodies on Wednesday, defendant Jackson had seen his mother once and had talked to her by telephone several times. Each time Jackson told his mother the children were either napping or with the babysitter.
On March 12, 1982, a criminal complaint was filed and an arrest warrant issued. On April 8, 1982, Jackson surrendered to police in Wichita, Kansas. He waived extradition and was returned to Minnesota. On May 19, 1982, his attorney served a written notice on the Hennepin County Sheriff and the Hennepin County Jail where Jackson was being held, specifically instructing the law enforcement agents not to question or permit questioning of Jackson. At the arraignment on June 22, Jackson entered pleas of not guilty and not guilty by reason of mental illness. Rule 20 mental status examinations were ordered and, because of concern over possible suicide, ...