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NEWS RELEASE # 86 SUPREME COURT OF LOUISIANA Opinions handed down on the 4th day of December, 2002 BY KNOLL, J.: 2001-KK- 3196 STATE OF LOUISIANA v. ALAIRIS PAYNE (Parish of Bossier) (First Degree Murder) For the foregoing reasons we reverse the rulings of the lower courts. Defendant's motion to suppress is hereby denied. This case is remanded to the district court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED. KIMBALL, J., dissents and assigns reasons. WEIMER, J., concurs in the result and assigns reasons.

12/4/02 SUPREME COURT OF LOUISIANA NO. 01 KK 3196 STATE OF LOUISIANA VERSUS ALAIRIS PAYNE ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF BOSSIER KNOLL, Justice In the pre-trial stages of this first-degree murder case, we must determine whether the rigid prophylactic rule announced in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), concerning defendant's right to counsel during custodial interrogation, was clearly and unambiguously invoked by defendant, Alairis Payne. The lower courts suppressed defendant's statements, confession and a videotape of the crime scene, on the grounds of the Edwards prophylactic rule. For the following reasons we reverse, finding that defendant was neither in custodial interrogation nor was custodial interrogation imminent; and further, her comments, "may I call a lawyer - can I call a lawyer?" were not clear and unambiguous under the circumstances so as to put a reasonable police officer on notice that defendant was invoking her Miranda 1 right to counsel during custodial interrogation. FACTS AND PROCEDURAL HISTORY On February 23, 2000, doctors at Schumpert M edical Center summoned the Bossier City Police Department to investigate possible child abuse. The two-year-old child, Sahara Onishea, had been brought to the emergency room by his foster father, Andrew Payne, in an unconscious condition. Dr. Gordon Webb, the attending emergency room physician, noted "severe head injury compatible with blunt trauma.

1

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Multiple bruises and abrasions of varying ages suggestive of repeated trauma. Bruises of multiple time interval and over many parts of the body suggestive of physical abuse." 2 The child was transferred to the Pediatric Intensive Care Unit and underwent surgery to remove a blood clot from the brain. The child was placed on life support, but died four days later on February 27, 2000, as a result of his injuries. On February 23, 2000, after taking the initial child abuse report at the hospital, the police went to the home of Andrew and Alairis Payne. The Paynes were foster parents not only to the injured child, Sahara Onishea, but also to a six-week-old infant, W.D.3 Upon arriving at the Payne residence, Detective Joseph Thomerson informed Alairis Payne that the police department was investigating the injury to Sahara and they needed to speak with her at the police station. The police entered her residence and presented her with a consent to search form, which she signed. Defendant was also advised of her Miranda rights by Detective Thomerson and signed a written rights form. Later, Detective Thomerson transported defendant to the Bossier City Police Department. It is undisputed that he did not attempt to interview or interrogate defendant; she was neither handcuffed nor placed under arrest. When defendant arrived at the police department, she waited in the break room approximately fifteen to thirty minutes until she was interviewed by Detective Jimmy Stewart. Defendant was again informed of her Miranda rights, and gave the first of two tape-recorded statements. In the first statement defendant did not admit to

intentionally harming the child. Detective Stewart then met a second time with the defendant and he again advised her of her Miranda rights. He told her of the surgery to remove the blood clot from Sahara's brain. In this second taped statement,

These quotes are provided for background purpose only; they appear in Appellant's application for writ of certiorari filed with this court. This opinion will refer to this infant child by his initials to protect his identity. La. Sup. Ct. Rule XXXII,

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