Defendant was convicted of two counts of aggravated child molestation and one count of child molestation involving his wife’s natural daughter at a Henry County bench trial in the superior court where the relevant facts were stipulated. Thereafter, the superior court sentenced defendant to 10 years to serve on each count consecutively. Defendant now appeals, contending in a single enumeration of error that the superior court erred in denying his motion to suppress in that the confession he gave the Henry County Department of Family and Children Services “DFACS” was involuntary as given upon hope of benefit under State v. Ritter.1 Held:
Viewed in a light most favorable to the findings of the superior court, the evidence shows that in April 1998 defendant’s mother contacted her health insurer seeking a referral to a psychologist for her son upon learning of the allegations against him in the case sub judice. She was advised that a specialist would be needed and that entitlement to coverage required DFACS notification. On this, defendant’s mother contacted DFACS, spoke to Brandy Beavers, a caseworker, and asked if charges would be brought if defendant came in and made a statement. Defendant’s mother testified at the suppression hearing that caseworker Beavers responded, “No, DFACS will not press charges. A member of the family would have to press charges.” Defendant’s mother, in turn, relayed the foregoing to the defendant. In other testimony at the suppression hearing, DFACS caseworker Juanita Creech testified that after receiving a report alleging child molestation against the defendant, she contacted defendant’s mother and his wife and asked that the defendant come in to make a statement, pointing out that the police would be involved. Defendant’s mother testified that caseworker Creech’s words were: “We cooperate with law enforcement and there will be a detective present when we interview the defendant.”