People v. Benoit

608 N.E.2d 250, 240 Ill. App. 3d 185, 181 Ill. Dec. 177, 1992 Ill. App. LEXIS 2078
CourtAppellate Court of Illinois
DecidedDecember 18, 1992
Docket1-90-1157
StatusPublished
Cited by10 cases

This text of 608 N.E.2d 250 (People v. Benoit) 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. Benoit, 608 N.E.2d 250, 240 Ill. App. 3d 185, 181 Ill. Dec. 177, 1992 Ill. App. LEXIS 2078 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Following a jury trial, defendant John Benoit was found guilty of arson, aggravated arson, conspiracy to commit arson and conspiracy to commit aggravated arson. He was sentenced to seven years’ imprisonment on the aggravated arson charge. Defendant appeals, contending that: (1) the trial court erred in refusing to suppress defendant’s statement; (2) the prosecutor improperly referred to defendant’s failure to testify; (3) the trial court gave an issues instruction for aggravated arson which misstated the law; and (4) the trial court erred in allowing evidence of other unrelated misconduct by defendant into evidence.

Briefly stated, the incident giving rise to this case occurred on February 17, 1987, when Dorothy Stirgus’ home at 7924 South Fair-field Avenue in Chicago, was set aflame by two Molotov cocktails that were thrown through her window. John Benoit, John Waitman, William English and Patrick Doyle were arrested for the crime. This appeal concerns only defendant Benoit.

Defendant’s first contention is that the trial court erred in denying his motion to suppress. For the following reasons, we disagree. A valid Miranda waiver must be voluntary, knowing and intelligent. (People v. Bernasco (1990), 138 Ill. 2d 349, 562 N.E.2d 958.) In determining the validity of the Miranda waiver, the court must consider the totality of the circumstances, including the characteristics of the defendant and the details of the interrogation. (People v. Lopez (1991), 222 Ill. App. 3d 872, 584 N.E.2d 462.) A reviewing court’s analysis of a ruling on a motion to suppress is limited to determining whether the trial court’s finding was against the manifest weight of the evidence. Lopez, 222 Ill. App. 3d 872, 584 N.E.2d 462.

The evidence adduced from the suppression hearing is as follows. Defendant was arrested at St. Lawrence High School. Defendant was advised of his Miranda rights while still at the high school and was informed that he was being accused of aggravated arson. Defendant’s father testified that as the police and defendant were entering the police car, he told Sergeant Lowe that he did not want his son speaking to anybody until his attorney was present. According to defendant’s father, Lowe responded “okay” or “all right.” Lowe testified that he could not recall whether this conversation occurred.

The officers and defendant then proceeded to the police station, with the defendant’s father following in his own car. While driving to 11th and State Streets, Sergeant Lowe received a radio message from his commander to call his office. Lowe flagged defendant’s father and told him to follow him to 79th and Western Avenue, where he was going to stop and make a phone call. Defendant’s father then indicated that he was concerned about his wife and wanted to go home and check on her. Sergeant Lowe testified that he left the car in order to make the phone call but that O’Meara and Gardner remained in the car with defendant. Defendant, however testified that the officers left him alone in the police car.

At 79th and California Avenue, the officers slowed down and pulled over. According to defendant, Officer O’Meara asked, “Does this area look familiar?” Defendant testified that he did not respond. He testified that he now knew the area to be the firebombing area. The officers, however, denied asking defendant whether the area looked familiar.

Defendant testified that as they were driving to the station, O’Meara said, “You’re looking at 60 years. All your friends told on you ***. If you talk now we can get you probation.” Defendant testified that he gave up hope and answered the officer’s questions. Sergeant Lowe, on the other hand, testified that it was defendant who began talking about the case, asking who had been arrested, and how they found out about his involvement, at which time O’Meara told defendant not to mention anything until they arrived at the station. Detectives O’Meara and Gardner testified that they did not threaten defendant, try to coerce a statement, or make any promises to him. Detective Gardner admitted that he asked defendant why he was involved in this investigation and defendant did not answer him.

Defendant testified that O’Meara said, “We have your friends,” and showed defendant a piece of paper with the names William English, Patrick Doyle, and John Whitman written on it. According to defendant, O’Meara asked, “What do you got to say?” and defendant responded, “I ain’t saying nothing until I get a lawyer.” The officers, however, testified (when the proofs were reopened nine months after the suppression hearing) that defendant did not make a request for an attorney.

At the station, Assistant State’s Attorney Warnick gave defendant his Miranda rights. Defendant indicated that he understood his rights and signed a written waiver. Defendant then gave a handwritten statement in which he implicated himself in the firebombing. Defendant reviewed the statement, initialled any corrections, and signed it.

Defendant contends that his Miranda waiver was unknowing, unintelligent and involuntary because the police falsely assured defendant’s father, within defendant’s hearing, that they would not interrogate defendant until he had an attorney but then proceeded to question him and coerce him into making a statement. Defendant also points out that he was 18 years old at the time of his arrest and he was a novice in the criminal justice system.

Defendant relies on People v. Starling (1978), 64 Ill. App. 3d 671, 381 N.E.2d 817, wherein the appellate court, affirming the trial court, found that defendant’s statement was not voluntarily given based on the fact that defendant was 18 years old, he was awakened at an early hour after only a few hours of sleep, had no prior experience with the criminal justice system, and defendant was told that the police already knew of his involvement in the crime.

The situation here is different. The trial court was faced with conflicting testimony, and after observing the demeanor of the witnesses, found the officers more credible. The resolution of conflicting testimony at a suppression hearing is the responsibility of the trial judge. (People v. Clark (1982), 92 Ill. 2d 96, 440 N.E.2d 869.) Where the evidence is merely conflicting, a reviewing court will not substitute its judgment for that of the trier of fact. (People v. Spivey (1991), 209 Ill. App. 3d 584, 568 N.E.2d 327.) We find no reason to disturb the trial court’s determination. Despite defendant’s inexperience with the criminal justice system, defendant was an adult and fully capable of understanding his rights and the effect of waiving them. Based on the facts presented here, we cannot say that the trial court’s decision was against the manifest weight of the evidence.

Nor do we find that defendant invoked his right to counsel.

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Bluebook (online)
608 N.E.2d 250, 240 Ill. App. 3d 185, 181 Ill. Dec. 177, 1992 Ill. App. LEXIS 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benoit-illappct-1992.