Flemming v. State

In Flemming v. State, 949 S.W.2d 876 (Tex. App.--Houston 14th Dist. 1997, no pet.), the defendant admitted, in a recorded statement, that he had entered the complainant's home but denied sexually assaulting her. The interviewing detective turned off the tape recorder, but continued talking to Flemming. Flemming then admitted to the sexual assault, but said he did not want to have anyone make a recording of his admission. The detective activated a hidden recording device and Flemming again stated he had sex with the victim. Id. at 878. The court of appeals found that while the detective deceived Flemming, Flemming's ignorance of the recording "could hardly have compelled him to confess. The deception employed by Detective Bigley was not coercive, nor could it have overborne appellant's will." Id. at 879. The Court held the defendant's statements admissible even though the officer failed to reread the defendant his rights after resuming the interrogation, but reminded him that his rights had been read previously. The court found that a magistrate had read the defendant his rights after his arrest, and the police officer had warned him again before beginning the initial interrogation. Id. at 878.