People v. Murphy

Opinion

GRODIN, J.

Appellant Nathan Dewey Murphy stands convicted,

after jury trial, of first degree murder with use of a deadly and dangerous weapon. In the course of his trial, evidence was admitted of certain statements which appellant had made in the presence of a police officer. Appellant’s sole contentions of error are (1) that the statements were inadmissible because they were not preceded by a

Miranda (Miranda

v.

Arizona

(1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974],

passim)

warning; and (2) that appellant was denied the effective assistance of counsel when his attorney arranged for him to speak with a police officer in the attorney’s office, and taped the discussion. We find no reversible error, and affirm.

We first describe the events immediately preceding the statements and conduct complained of. On August 27, 1977, Hilardo Sebay went fishing near Brothers Island in San Pablo Bay and found a body, later determined to be that of one Lawrence Brown. The Coast Guard retrieved the body, which was found to be fully clothed and wrapped in a green tarp, with rope and electrical wire tied around its waist, and a large anchor and chain attached to it. An autopsy revealed that death had been caused by traumatic head injuries. Further inquiry apparently led Richmond police, who were investigating the murder, to conclude that a yellow boat, owned by appellant, had been implicated in disposing of the body, and a search warrant was obtained for that boat.

[747]

The first statement which appellant contends was erroneously admitted into evidence occurred on August 31, 1977, at appellant’s house. Officer Tye of the Richmond Police Department, testified outside the presence of the jury concerning the background of that statement as follows. Armed with a search warrant for the boat, Officer Tye went to appellant’s house and knocked on the door. “[A]t this point he wasn’t a suspect. It was early in the investigation and we didn’t really know who Mr. Murphy was regarding the case.” When appellant came to the door, Tye identified himself as a Richmond police officer and said he wanted to talk to appellant about the death of Lawrence Brown. Appellant immediately responded that he wanted to contact his attorney, and he “started to close the door and move quickly back to the interior of the room at which time I observed him pick up a telephone.” Appellant later returned to the door with the telephone in hand, and at this point Tye showed him the search warrant, and said, “we have a search warrant for your boat and at that point he indicated that he no longer had the boat, the boat had been destroyed three months ago and taken to a dump.” Tye knew this statement to be false, since he had seen the boat on August 29 at the rear of appellant’s residence. Appellant then continued to talk on the telephone, apparently to his attorney, and arrangements were made for Tye to talk with appellant at his attorney’s office later that day.