People v. Andersen

479 N.E.2d 1164, 134 Ill. App. 3d 80, 89 Ill. Dec. 158, 1985 Ill. App. LEXIS 2079
CourtAppellate Court of Illinois
DecidedJune 13, 1985
Docket82-1444
StatusPublished
Cited by15 cases

This text of 479 N.E.2d 1164 (People v. Andersen) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Andersen, 479 N.E.2d 1164, 134 Ill. App. 3d 80, 89 Ill. Dec. 158, 1985 Ill. App. LEXIS 2079 (Ill. Ct. App. 1985).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

In a jury trial defendant Daniel Andersen was convicted of attempting to rape and then murdering Cathy Trunko. He was sentenced to concurrent prison terms of 30 and 55 years for those respective crimes. On appeal defendant contends: (1) a series of incriminating statements by him should have been suppressed because (a) they resulted from an arrest made without probable cause, (b) defendant made them while in an intoxicated state, (c) they were tainted by an improperly obtained statement that was suppressed; (2) the statement that was suppressed was then improperly allowed into evidence; (3) the trial court erred in barring evidence of defendant’s history of alcoholism; (4) defendant’s guilt was not proved beyond a reasonable doubt.

We affirm.

Prior to trial defendant moved to suppress a series of incriminating statements made by him following his arrest. At the hearing on that motion the following pertinent evidence was introduced. Chicago police officer James Bednarkiewicz testified that on January 23, 1980, at about 11 p.m. he was told by Officer Michael Riley that defendant was in possession of a weapon and was driving a silver Pinto. It was stipulated that if called to testify Officer Riley would have stated that earlier that evening defendant’s mother telephoned him to obtain his help in bringing home the defendant, who was drunk and driving.

At about 1:30 a.m. on January 24, 1980, Officer Bednarkiewicz and his partner, Officer Paul Nielsen, stopped a silver Pinto driven by a person subsequently identified as Norman Venegas. A search of Venegas and the car produced no weapons. Nielsen drove the Pinto to defendant’s house at 5119 South Hermitage in Chicago, while Bednarkiewicz drove the squad car to the same location, with Venegas in the back seat.

On arrival Bednarkiewicz saw the defendant walking toward him. Defendant did not immediately respond to his order to put his hands on a parked car, so Bednarkiewicz forcibly turned him around against the car. A search of the defendant produced no weapon. While Riley remained "with the defendant, Bednarkiewicz spoke to defendant’s mother at the house. He asked if she wanted defendant left with her or taken in to the station. Defendant’s mother said she was having trouble controlling defendant; he was in a mixed-up state of mind and kept coming in and out of the house, causing a disturbance. She signed a disorderly conduct complaint against him, and defendant was handcuffed and placed in the squad car for the five-minute ride to the Ninth District police station. Venegas was taken to the station in another squad car.

In the car Bednarkiewicz twice asked defendant what he had done with the weapon. Defendant denied any knowledge of a weapon and said he had been out drinking with some friends. Defendant asked for a cigarette and was told he could have one at the station. No further conversation occurred until the car arrived at the station parking lot. Defendant then stated, “I stabbed her.” Bednarkiewicz asked, “Who?” and defendant responded, “Cathy.” Nothing more was said until they all entered an office at the station. There defendant’s handcuffs were removed and he was given a cigarette. (On cross-examination, Bednarkiewicz stated that defendant was handcuffed with one hand to a locker.) Bednarkiewicz informed defendant for the first time of his Miranda rights, and defendant stated that he understood them and wished to waive them. Defendant responded to booking questions concerning his name, address and date of birth. He was then asked how he had stabbed Cathy. He demonstrated that he had stabbed her once on one side of the chest and twice on the other side. He was asked what he had done with the knife and stated he had thrown it on Hermitage.

Bednarkiewicz admitted that on the police report he had checked the box indicating that defendant was intoxicated when arrested. (On this standard form two other boxes indicate an arrestee was either sober or had been drinking.) When he initially stopped defendant, Bednarkiewicz could smell alcohol on his breath, and defendant was belligerent and loud. Based on this, it was his opinion that the defendant had been drinking. However, at the police station defendant was calm and gave understandable responses that were in context.

According to Bednarkiewicz, defendant was kept at the station until 3:20 a.m. Defendant never asked for food or water, was not promised any food if he talked, and was not given incorrect facts concerning Cathy’s murder. Nobody struck the defendant.

Norman Venegas, a “close friend” of the defendant, testified that around noon on January 23, 1980, defendant came to Venegas’ place of work drunk. He also drank two beers while there but was able to carry on a conversation with Venegas and had no difficulty speaking. They again met at midnight at the Red Mist Tavern, where they drank for an hour. Venegas recalled that defendant drank three beers, three shots of blackberry brandy, and one shot of vodka. They drove around the neighborhood, sharing two marijuana cigarettes, and then returned to the Red Mist, where they each had another shot and a beer. Because defendant was “pretty well intoxicated,” Venegas took defendant’s car home, leaving defendant at the bar. At this time defendant was still able to talk, but his voice was very deep and difficult to understand.

On the way to defendant’s house Venegas was stopped by the police, who thought he had a gun. When Venegas was subsequently transported to defendant’s house, he saw the police twisting defendant’s arm behind his back. They questioned defendant about a girl who had just been murdered in the neighborhood. Defendant was crying, saying that he knew the girl. According to Venegas, the back windows of the squad car were rolled down, and he put his head out the window to yell at the police to leave defendant alone.

After being held on the street for about 15 minutes with his arm twisted, defendant was handcuffed and driven away. Venegas was taken to the police station and for a time was placed in a room with the defendant. Defendant, who was “pretty well intoxicated,” and had both hands handcuffed to a locker, kept asking for water but was told by the police to shut up. Defendant’s throat was hoarse. After several hours Venegas was given a traffic ticket and sent home. He recalled that the day after Cathy was killed the defendant had told him he knew who killed her. Defendant was drunk, and when Venegas inquired further, defendant told him it was none of his business.

Ray Lasky, a friend of the defendant since the age of five, testified that defendant began drinking at the age of 13 and frequently drank to excess. On January 23 at the Red Mist the defendant was “getting kind of wild,” so Lasky drove him home. During this ride defendant, who was drunk, talked incoherently about owning gold and silver mines. On arrival at defendant’s house, defendant asked Lasky to stay while he went to see what the police wanted. He walked over to the police and began talking to them, at which point Lasky drove away.

Defendant’s mother testified that defendant had had a problem with alcohol for a long time. On January 23, 1980, he had been drunk early in the day and she again saw him drinking between 2 and 3 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
479 N.E.2d 1164, 134 Ill. App. 3d 80, 89 Ill. Dec. 158, 1985 Ill. App. LEXIS 2079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-andersen-illappct-1985.