Edith Tillyne Sammons is awaiting trial on an indictment charging her with malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the death of her husband on July 8, 1998.1 Sammons filed a motion to suppress statements she made to law enforcement authorities on July 9 and 10, 1998, and the trial court granted the motion in part. The State appeals directly2 from this order pursuant to OCGA § 5-7-1 a 4. At the Jackson-Denno 3 hearing, the trial court heard evidence concerning five statements made over a two-day period by Sammons to law enforcement authorities who were investigating a domestic violence complaint received from a local women’s shelter and to an investigator from the Bulloch County Sheriff’s Department who was looking into the death of Sammons’ husband. The trial court refused to suppress two statements Sammons made prior to her arrest, as well as a written statement she made after her arrest and the recitation and waiver of her rights pursuant to Miranda v. Arizona , 384 U.S. 436 86 SC 1602, 16 LE2d 694 1966. Citing Edwards v. Arizona , 451 U.S. 477,484-85 101 SC 1880, 68 LE2d 378 1981 and Walton v. State , 267 Ga. 713 482 SE2d 330 1997, the trial court ruled inadmissible two statements Sammons made after invoking her right to counsel.
It is undisputed that, On July 9, 1998, an attorney asking for Sammons arrived at the sheriff’s office while Sammons was making a written custodial statement. The attorney and Sammons conferred, Sammons ceased writing her statement, the custodial interrogation terminated with Sammons’ invocation of counsel, and Sammons was placed in a jail cell. The trial court found that the parties agreed that the interview would be continued after Sammons had been given the opportunity to rest. On July 10, 1998, the day after the termination of the custodial interrogation, the investigator removed Sammons from her cell and resumed the videotaped interview without counsel being present. The trial court suppressed the videotape of the resumed interview, as well as the written statement Sammons gave at that time.
