During an investigation into burglaries committed in 2007 in Berrien, Tift, Thomas, Houston, and Pulaski counties, Berrien County Sheriff Jerry Brogdon “the Sheriff” promised Christopher D. Stidham that in exchange for providing a statement, he would only be prosecuted on one count of burglary in Berrien County.1 Stidham gave statements to law enforcement officers in various counties, including Pulaski County, implicating himself, Coty D. Benefield “Coty”, and John Kyle Rose. Despite the promises made to him, Stidham was indicted along with Coty and Rose on two counts of burglary in the Superior Court of Pulaski County. Rose and Coty entered guilty pleas. Stidham filed a motion to suppress his statements as well as all evidence obtained as a result of his statements. The case proceeded to a bench trial. Over defense counsel’s objection, the trial court elected not to hold a pretrial hearing on the motion to suppress, but instead heard all of the evidence pertaining to the motion as well as to the substantive charges against Stidham at a single hearing. Stidham’s co-defendants testified against him. Thereafter, the trial court suppressed Stidham’s confession to the Sheriff and his statement to the Pulaski County investigator, holding that they were involuntary. The court ruled, however, that the testimony of Stidham’s co-defendants was admissible under either the independent source doctrine or the inevitable discovery doctrine. The court found Stidham guilty and sentenced him to 12 years probation, including service of 425 to 450 days in a probation detention center. On appeal, Stidham argues that the trial court erred in failing to suppress all evidence obtained as a result of his involuntary confession, including his co-defendants’ testimony. Stidham further argues that, in the absence of testimony that should have been excluded, the evidence is insufficient to sustain his guilt. We disagree and affirm.
1. Stidham contends that the testimony of his co-defendants implicating him in the Pulaski County burglaries should have been suppressed under the “fruit of the poisonous tree” doctrine because the testimony resulted directly from Stidham’s involuntary statement to the Sheriff.2 Application of the correct standard of review dictates otherwise. When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.3 So viewed, the evidence relevant to the suppression issues shows that in the middle of July 2007, Tony Benefield,4 who was investigating a burglary of a residence in Berrien County belonging to an elderly couple surnamed Robinson, received a call from a Houston County detective reporting that a safe containing the Robinsons’ documents had been found in Houston County. The detective gave Benefield the names of two suspects: Coty and Michael Howard. Benefield was unable to find any information on these suspects. A few days later, on Friday, July 20, Benefield stopped a car after observing an occupant behave suspiciously. Stidham and another man, Hobbs, were in the car. Benefield smelled marijuana and questioned both men about it. After they admitted having marijuana in the car, Benefield instructed them to report to the Berrien County Sheriff’s Office on the following Monday morning, July 23. The men reported as instructed.
