2010-M-151             State of Minnesota, Respondent, vs. Michael Stanley Zabawa, Appellant.

Appellant Michael Stanley Zabawa was found guilty by an Olmsted County jury of two counts of first-degree premeditated murder, four counts of first-degree felony murder (burglary and aggravated robbery), two counts of second-degree intentional murder, and two counts of second-degree felony murder, for the murders of Tracy Allen Kruger and Alec Dean Kruger on February 3, 2007.  Additionally, Zabawa was found guilty of one count of attempted first-degree murder and one count of attempted second-degree murder, for the attempted murder of Hilary Ellen Kruger on the same date.  The district court sentenced Zabawa to two terms of life without the possibility of release for the first-degree premeditated murders of Tracy Kruger and Alec Kruger, and 216 months for the attempted first-degree murder of Hilary Kruger.  The sentences were ordered to run consecutively.  On direct appeal, Zabawa argues that his statements were not voluntary, and that their admission into evidence deprived him of a fair trial.  We affirm.

First, the district court’s findings that defendant was not intoxicated, and that the police investigators did not use coercive, manipulative, or improper interview techniques, were not clearly erroneous.

Second, the defendant’s statement to the police investigators was voluntary.

               Dietzen  (Gildea, Page, Paul Anderson, Meyer, and Barry Anderson)

               Took no part:  Stras

               [MURDER]