People v. Bauer

913 N.E.2d 1132, 393 Ill. App. 3d 414, 332 Ill. Dec. 842, 2009 Ill. App. LEXIS 759
CourtAppellate Court of Illinois
DecidedAugust 6, 2009
Docket2-07-1180
StatusPublished
Cited by14 cases

This text of 913 N.E.2d 1132 (People v. Bauer) 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. Bauer, 913 N.E.2d 1132, 393 Ill. App. 3d 414, 332 Ill. Dec. 842, 2009 Ill. App. LEXIS 759 (Ill. Ct. App. 2009).

Opinion

JUSTICE SCHOSTOK

delivered the opinion of the court:

Following a jury trial, the defendant, Cindy Bauer, was convicted of aggravated arson and was sentenced to six years’ imprisonment. On appeal, the defendant argues that (1) she was denied the effective assistance of counsel; (2) the trial court erred in denying her motion to quash her arrest and suppress her statements; (3) she was not proven guilty beyond a reasonable doubt; and (4) she was deprived of a fair trial due to the cumulative errors at trial. We affirm.

I. Background

On August 9, 2004, the defendant was charged by an amended indictment with two counts of aggravated arson (720 ILCS 5/20— 1.1(a)(1) (West 2004)). The indictment alleged that on June 23, 2004, the defendant knowingly set fire to a building at 771 Hobart Drive in South Elgin while she knew that Mike Schroeder and James Gielow were present therein.

After being indicted for aggravated arson, the defendant filed a motion to quash her arrest and to suppress evidence. On March 18, 2005, the defendant filed a motion to suppress her statement. The defendant alleged that the statement she gave on June 24, 2004, was coerced.

On May 18, 2005, the trial court conducted a hearing on the defendant’s motion to quash her arrest and to suppress evidence. Sergeant Randy Endean of the South Elgin police department testified that he was involved in the investigation of a fire that occurred on Hobart Drive in South Elgin on June 23, 2004. He arrived at the scene before 9:30 a.m. It appeared that the fire was deliberately set. Three people lived at the residence. Two of them had escaped the fire by jumping from a second-story window. The third person, the defendant, had been at the residence the night before and had been in an argument with one of the other residents. She currently could not be found. Sergeant Endean then obtained a description of the defendant and her vehicle.

At 11 a.m., Sergeant Endean left the fire scene with another officer in order to find the defendant. He returned to the police department and obtained a photo of the defendant. He also contacted the Elgin police department because the defendant’s vehicle was registered to a home in Elgin. He went to that residence and talked to the defendant’s son. The son did not know where the defendant was. Sergeant Endean also contacted the defendant’s mother and her ex-husband. Neither of them knew where she was. However, her ex-husband suggested that the defendant might be with her sister in Rockford. After spending some time observing the residence in Elgin, Sergeant Endean decided to drive toward Rockford. At approximately 4:45 p.m., while near Elgin High School, he observed a vehicle that matched the description of the defendant’s vehicle. The driver of the vehicle also resembled the photo of the defendant.

Based on his observations, Sergeant Endean activated the lights on his unmarked police car behind the defendant’s vehicle. The driver of the vehicle was in fact the defendant. He asked that the defendant accompany two other officers to the police station, and she agreed to do so. He did not see her again after arriving at the police station.

Detective Anthony Martinez of the South Elgin police department testified that he participated in the investigation of the fire. In speaking with Lieutenant Erickson of the South Elgin fire department, he learned that the fire was suspicious. Lieutenant Erickson believed that an accelerant, such as lighter fluid, had been used to start the fire. Detective Martinez also talked to Mike Schroeder, one of the people who lived where the fire had occurred. Schroeder indicated that only three people had keys to the area where the fire had started— himself, Gielow, and the defendant. The fire started at the base of the stairway leading up to Schroeder’s and Gielow’s bedrooms. Both Schroeder and Gielow jumped out of a second-story window to avoid the fire.

Following this testimony, the State moved for a directed finding. Following argument, the trial court granted the State’s motion for a directed finding, concluding that the police had probable cause to detain the defendant.

Between July 14 and October 6, 2005, the trial court conducted a hearing on the defendant’s motion to suppress her statement. Detective Martinez testified that he first talked to the defendant at 5:55 p.m. on June 23, 2004. He explained to her that she was not under arrest but was being detained for questioning in regard to a fire. He advised her of her Miranda rights. He talked with her for an hour. He talked with her again on June 24 at 1:44 a.m. for 30 minutes and then, later that day at 6 p.m., a third time for 10 to 15 minutes. While she was at the police station, she was given food and allowed to sleep. She did not request to speak with an attorney or her family. He did not make any promises to her that the charges against her would be lessened if she cooperated with the police. After the third interview, she agreed to provide a statement acknowledging her involvement in the fire.

The defendant testified that Detective Martinez told her that the police knew she started the fire, so she should go ahead and admit it. He further told her that if she admitted to starting the fire, he would ensure that the charges against her would be lessened, such that she would receive no more than probation or one year in jail. The defendant insisted that she had not started the fire and she requested to speak with an attorney. Detective Martinez then requested to know who her attorney was. After she indicated she did not have one, he asked her, “Then, how can I call him[?]” The defendant then indicated she did not want to talk anymore, and she was returned to her holding cell.

Detective Martinez subsequently brought her out of the holding cell for additional questioning. Detective Amy Palazzo was also present. Detective Martinez continued to make promises that if she confessed to starting the fire, he would ensure that the charges against her were lessened. Later, Detective Martinez left the room and Detective Palazzo made the same promises to her. She subsequently agreed to make a statement.

On cross-examination, the defendant acknowledged that in giving her taped statement, she stated that Detectives Martinez and Palazzo had treated her fairly. She acknowledged that she was giving the statement under her own free will and did not reference any promises having been made to her.

Detective Palazzo testified that she participated in all three of the interviews with the defendant. During these interviews, the defendant never invoked her right to remain silent nor did she request to speak with an attorney. Furthermore, Detective Palazzo testified that there were never any promises made to the defendant that the charges would be reduced if she acknowledged starting the fire.

Following the hearing, the trial court denied the defendant’s motion to suppress her statement.

The trial court conducted a jury trial between December 11 and December 13, 2006. Schroeder testified that he and the defendant lived together for a year and that they and Gielow leased a townhouse, Unit B, at 771 Hobart in South Elgin.

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Cite This Page — Counsel Stack

Bluebook (online)
913 N.E.2d 1132, 393 Ill. App. 3d 414, 332 Ill. Dec. 842, 2009 Ill. App. LEXIS 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bauer-illappct-2009.