This is an interim appellate review of a case in which the State seeks the death penalty. John David Clay has been indicted for malice murder and false imprisonment in connection with the death of Janice Swain in the early morning hours of March 4, 2007. This Court granted Clay’s application for interim review and directed the parties to address whether the trial court erred in its order granting in part and denying in part Clay’s motion to exclude his statements to law enforcement officers, in granting Clay’s motion to suppress his clothing, in ruling that the evidence of Clay’s prior convictions would be admissible under OCGA § 24-9-84.1 b in the event he testifies at trial, in ruling admissible as similar transaction evidence certain prior acts of Clay, and in denying Clay’s motion regarding the State’s destruction of blood evidence. For the reasons set forth below, we affirm in part, reverse in part, vacate in part, and remand with direction. 1. Clay challenged the admissibility of four statements made by him to law enforcement officers. The trial court ruled that Clay’s first three statements are inadmissible but that his fourth statement is admissible. “The trial court determines the admissibility of a defendant’s statement under the preponderance of the evidence standard considering the totality of the circumstances.” Citation omitted. Vergara v. State , 283 Ga. 175, 176 657 SE2d 863 2008. Although we defer to the trial court’s findings of disputed facts, we review de novo the trial court’s application of the law to the facts. See Petty v. State , 283 Ga. 268, 269 2 658 SE2d 599 2008.
The trial court made the following factual findings based upon evidence and testimony presented at combined hearings on Clay’s motions to exclude his statements and to suppress his clothing. After Clay was found lying unconscious on Jessica Lane with blood on his clothes at approximately 3:30 a.m. on March 4, 2007, Clay’s sister and his friend called 911, which dispatched an ambulance to transport Clay to the hospital emergency room ER. Glynn County Police Department officers were also dispatched to the scene. At the same time, officers discovered Ms. Swain’s body in Room 303 of the Guest Cottages Hotel in Brunswick. Upon learning that Clay had been in Room 303 earlier that day, Investigator Hogue instructed Officer Cupp to go to the hospital, “stand by” with Clay, and obtain a statement from him, if possible. When Officer Cupp arrived at the ER, Clay was still unconscious.
