Because he had done some yard work for Gladys Windsor, Jerry Patterson was questioned about her murder. Based on Patterson’s admission during that interview that he had gone to the mobile home park where the murder occurred after being warned to stay away, on a statement by a maintenance man at the mobile home park that he was present when Patterson was given a criminal trespass warning, and on a police report memorializing that warning, a detective arrested Patterson for criminal trespass. The next day, another police officer explained Patterson’s Miranda rights and attempted to question him. Although Patterson asked for counsel, the interview continued. The State has stipulated that the statements made by Patterson in that second interview are inadmissible pursuant to Edwards v. Arizona, 451 U.S. 477 101 SC 1880; 68 LE2d 378 1981. On the following day, detectives initiated a third interview with Patterson, ostensibly to inform him he was being charged with murder, and explained his Miranda rights again. When Patterson invoked his right to counsel again, he was asked, “You don’t want to hear what new stuff we got” In the ensuing conversation, Patterson was told that since he had invoked his right to counsel, he could not be told what evidence existed against him, and was repeatedly asked whether he would talk to the officers without counsel. When Patterson exclaimed, “Come on and let me hear what you got to say,” the response was to ask whether he wanted to talk without a lawyer. After one officer twice told Patterson he should have talked to them, Patterson agreed, saying, “Come on then.” The officer responded by telling Patterson, “you’ll have to talk to me later . . . if you want to talk to me, holler.” One officer then accompanied Patterson to the door of the jail, required him to enter, and closed the door. Patterson immediately called the officer’s name, in response to which he was released and returned to the interrogation room for what the State has called a fourth interview. The total time elapsed between the beginning of the third interview, which the State concedes is tainted by an Edwards v. Arizona violation, and the beginning of what the State calls the fourth interview was 12 minutes. In that last interview, Patterson confessed to the killing. Indicted for murder, felony murder, armed robbery, and aggravated assault, he filed a motion to suppress his statements and tangible evidence seized in the case. The trial court denied the motion, but issued a certificate of immediate review. This Court granted Patterson’s application for interlocutory appeal and posed the following question: “Whether the trial court erred by denying Patterson’s motions to suppress his statements and tangible evidence.”
1. “Once an accused has ‘expressed his desire to deal with the police only through counsel, he is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.’ Cit.” Cook v. State, 270 Ga. 820 2 514 SE2d 657 1999. Patterson contends that his confession is inadmissible because it was the product of an interrogation initiated by the State after he had requested counsel. The State concedes that any statements Patterson made immediately after being informed of the murder charge against him in the third interview were inadmissible for that reason, but asserts that the interrogation during which Patterson confessed was a separate interrogation initiated by Patterson. The trial court found that Patterson had initiated the final interview and that the confession was admissible.
