People v. Bell

598 N.E.2d 256, 233 Ill. App. 3d 40, 174 Ill. Dec. 59, 1992 Ill. App. LEXIS 551
CourtAppellate Court of Illinois
DecidedApril 6, 1992
Docket2-90-0187
StatusPublished
Cited by6 cases

This text of 598 N.E.2d 256 (People v. Bell) 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. Bell, 598 N.E.2d 256, 233 Ill. App. 3d 40, 174 Ill. Dec. 59, 1992 Ill. App. LEXIS 551 (Ill. Ct. App. 1992).

Opinion

JUSTICE DUNN

delivered the opinion of the court:

A jury found the defendant, Jessie Bell, guilty of felony murder, and he was sentenced to 20 years’ imprisonment. The defendant raises two issues on appeal. First, the defendant argues the trial court erred in failing to quash his arrest and suppress his confession. Second, the defendant argues his conviction of felony murder cannot be sustained because the State failed to prove him guilty beyond a reasonable doubt of the predicate offense of robbery. We affirm.

The defendant was charged by indictment with two counts of murder. Count I charged the defendant with the offense of first degree murder in violation of section 9—l(a)(2) of the Criminal Code of 1961. (Ill. Rev. Stat. 1989, ch. 38, par. 9—l(a)(2).) Count II charged the defendant with the offense of first degree murder while attempting to commit a forcible felony, robbery, in violation of section 9— l(a)(3) of the Criminal Code of 1961. (Ill. Rev. Stat. 1989, ch. 38, par. 9—l(a)(3).) Prior to trial, the defendant moved to have his arrest quashed and certain statements he made suppressed. The trial court held a suppression hearing which revealed the following.

Officer Lou Tessman testified that he was involved in the investigation of the shooting death of victim Greg Vlahos, which occurred on July 6, 1989. Officer Tessman had been advised that Mr. Andre Kukendahl was in the vicinity of the incident when it occurred. Upon speaking to Mr. Kukendahl, Officer Tessman was informed that Mr. Kukendahl knew of two individuals in the area when the incident occurred, one of them being the defendant. In response to this information, Officer Tessman and Detective Taylor went to the defendant’s home and asked that he come to the police station for questioning on July 7, 1989. Officer Tessman stated the defendant was not handcuffed, neither officer’s gun was drawn, and the defendant was not under arrest at that time. After bringing the defendant to the Waukegan police station, they engaged in a conversation concerning the incident. The defendant denied involvement in the shooting death of the victim. Both Officer Tessman and Detective Taylor took notes during the interview. After the interview, the notes were transcribed into a typed statement. The statement, in narrative form, was not signed by the defendant.

Officer Tessman did not see the defendant again until July 13, 1989, at approximately 4:30 p.m. Officer Tessman and Detective Meadie went to the defendant’s residence and again asked him to come to the police station for questioning. The officers did not have an arrest warrant. Officer Tessman testified that no handcuffs were used, the officers never drew their guns, and no force was used to subdue the defendant. The defendant was not told he was under arrest. Nor was he told whether he was free to leave. The defendant accompanied the officers to the Waukegan police department.

The officers took the defendant to the detective bureau, which is located in the basement of the police station. To gain entrance to the detective bureau, Officer Tessman had to unlock a locked door which closed behind the defendant and became locked again. The defendant was then placed in an interview room measuring approximately 10 feet by 10 feet with a desk and two comfortable chairs. The only window in the room was approximately QVz feet from the floor, and the window led into a window well. Officer Tessman testified that Detective Meadie read the defendant his Miranda warnings from a preprinted form that is used by the police department. After the defendant agreed to speak to the officers, he signed the corresponding form, and the interview began.

The questioning lasted approximately three hours. Officer Tess-man left the room approximately four to five times. He always closed the door behind him, but he testified that it was not locked. The defendant was offered coffee, food and an opportunity to use the bathroom. According to Officer Tessman, the defendant never asked if he could leave. Detective Pratt also joined the questioning, but he was never alone with the defendant. The defendant was not formally arrested until after his statement was obtained.

Detective Meadie also testified at the suppression hearing. He testified that, on July 13, 1989, he received a telephone call from Sergeant Crum informing him that Andre Kukendahl had implicated Jessie Bell and Robert Wright in the shooting. Kukendahl had stated that he had observed both the defendant and Robert Wright at the scene, he heard a gunshot and saw both individuals run from the area.

At that point, Detective Meadie accompanied Officer Tessman to the defendant’s residence. They were driving an unmarked squad car. They waited outside for the defendant while he went back into the house to get something. The defendant accompanied the two officers to the police station. Meadie read the defendant his rights. He indicated with a check mark that the defendant acknowledged that he understood each right as it was read to him. He then gave the defendant the form and asked him to read it. The defendant read it, agreed to talk to the officers and signed the rights waiver form. Meadie was not in the interview room during the entire interview with the defendant. He was going back and forth between the defendant’s interview room and Robert Wright’s interview room. Meadie testified that he never heard the defendant ask for an attorney or ask to make a phone call. Meadie also testified that the only reason the defendant was picked up and brought to the station for questioning was on the basis of the statement made by Andre Kukendahl.

Detective Michael Taylor also testified at the hearing. He testified that, on July 13, 1989, at approximately 3 p.m., he had occasion to interview Andre Kukendahl. Mr. Kukendahl had been interviewed two previous times. The first time he identified himself falsely as “Jeff Parker.” He told the police he had not seen the shooting. During his second interview, he told the police about the two individuals running from the scene and apologized for previously giving a false name and false statements to the police. During his third interview, Mr. Kukendahl was escorted to John Reed & Associates to take a polygraph examination. Mr. Kukendahl was asked whether he shot the victim and whether he knew who shot the victim. The examination indicated that not all of Mr. Kukendahl’s statements were truthful. When Mr. Kukendahl was confronted with the fact some of his answers appeared untruthful, he gave a statement to the police.

Mr. Kukendahl told Detective Taylor that on July 6, 1989, he was driving down the street when he had car trouble. He pulled his car over into the parking lot of Merlock’s Service Station. He got out of the car to see what was wrong with it. As he was doing so, he heard a loud popping sound. At first he thought the sound was the backfire from a car. He stated that he heard voices saying “Give me your wallet.” He heard a different voice say “I’m not going to give you my wallet.” Then another voice said “What are you giving us a hard time for? We just want your wallet.” He then walked to the curb and observed two black male subjects and a third white male subject with a duffel bag. He observed the subjects talking back and forth. He stated that he then saw the defendant grab the white male subject from behind and hold him. The white subject struggled, and then Kukendahl saw Robert Wright pull a handgun from his waistband and fire it.

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729 N.E.2d 934 (Appellate Court of Illinois, 2000)
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Bluebook (online)
598 N.E.2d 256, 233 Ill. App. 3d 40, 174 Ill. Dec. 59, 1992 Ill. App. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bell-illappct-1992.