in the Court of Appeals 26 January 2017.
by defendant from judgment entered 7 January 2016 by Judge
Yvonne Mims Evans in Caldwell County Superior Court Nos.
Attorney General Joshua H. Stein, by Assistant Attorney
General Tracy Nayer, for the State.
Gillette Law Firm, PLLC, by Jeffrey William Gillette, for
January 7, 2016, a Caldwell County jury convicted Allen Duane
Parlier ("Defendant") of statutory rape and
indecent liberties with a child. Defendant appeals, alleging
these convictions should be reversed because his confession
was obtained in violation of Miranda, and that he
should have been allowed to interrogate the victim regarding
her general sexual history contrary to the Rape Shield Law.
County Detective Shelley Hartley was assigned to investigate
a report from July 23, 2013, concerning an incident between
Defendant and the parents of a 15-year-old girl,
Cindy. When Cindy's parents discovered that
the 41-year-old Defendant had been having sex with their
daughter, Defendant fled to avoid a physical confrontation.
Detective Hartley was unable to locate Defendant during her
investigation, and advised Defendant's mother that she
would like to speak with him.
February 10, 2014, nearly seven months later, Defendant
called Detective Hartley and left a voicemail message for
her. Detective Hartley made contact with Defendant that same
day, and she requested that he come speak with her at the
Caldwell County Sheriff's Department. No warrant or other
criminal process had been issued for Defendant, and no one
from the Sheriff's Department transported him to meet
Detective Hartley. Defendant traveled to the Sheriff's
Hartley met Defendant in the Sheriff's Department lobby,
identified herself, and advised that she was a detective. She
was not dressed in a patrol uniform, but in plain clothes,
and her weapon, although on her person, was not visible.
Hartley requested that Defendant come talk with her, and
Defendant followed her to an interview room. The two
proceeded down a long hallway with at least two secure doors
which prevented public access into the investigations
division. The hallway doors were not locked and did not
prevent egress from the Sheriff's Department. Defendant
was not placed under arrest at that time, and he was never
told that he was not free to leave. The door to the interview
room was closed because of noise in the hallway, but it was
not locked. Detective Hartley did not advise Defendant of his
Hartley and Defendant spoke for approximately 25 minutes in
the interview room. During this time, Defendant never
requested food or water, never requested an attorney, and
never indicated that he was uncomfortable or needed a break.
Further, Defendant never requested to leave the interview
room. Prior to entering the interview room, Defendant only
stated that he had been sick, but there was no evidence of
illness or discomfort during the interview.
interview with Detective Hartley was videotaped and later
transcribed for use at trial. Defendant admitted that he and
Cindy had sexual intercourse on six different occasions.
Detective Hartley arrested Defendant at the conclusion of the
testified at trial that the two began exchanging text
messages of a sexual nature in June 2013. Initially, they met
and kissed, but soon thereafter, Defendant went to
Cindy's home and performed oral sex on her and then gave
her marijuana. The following day, Cindy went to
Defendant's mother's trailer home where they had
sexual intercourse in his mother's room. Defendant's
sexual relationship with the 15-year-old lasted until late
July 2013, when Cindy's parents discovered the
relationship and reported it to law enforcement.
the investigation, Cindy told Detective Hartley that she
could not remember how many times she and Defendant had sex,
but it was at least one time per day, each weekday, from the
end of June until July 22, 2013. During this time, Defendant
provided Cindy with gifts and drugs. Cindy testified that she
never wanted to tell anyone about the relationship because
she "didn't want to disappoint him."
testified that she informed Defendant that she was 15 years
old before they engaged in sexual activity. Defendant told
Cindy that "he was risking a lot to do it with [her] and
that, if he ever was caught, he would go to jail."