People v. Brown

601 N.E.2d 1190, 235 Ill. App. 3d 479, 176 Ill. Dec. 492, 1992 Ill. App. LEXIS 1531
Appellate Court of Illinois·Decided September 22, 1992·No. 1-90-1530·Published·Cited by 28 cases

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

Allie Larkin was beaten and robbed in her home in Chicago on October 4, 1988; she later died from her injuries. A jury convicted defendant Patrick Brown, then a 16-year-old neighbor of Ms. Larkin, of first degree murder and residential burglary, and the circuit court sentenced him to concurrent terms of 45 years for the murder and 15 years for the residential burglary. He appeals, claiming (1) the circuit court erred in finding that his custodial statement was voluntary; (2) the prosecutor’s remarks during his rebuttal argument denied him a fair trial by distorting the function of the jury and appealing to its sympathy for Ms. Larkin; (3) the circuit court erred in refusing to redact portions of his custodial statement concerning his two co-offenders’ plans for the proceeds of the burglary; (4) his murder sentence was excessive in light of his age and remorse; and (5) the circuit court improperly sentenced him on three counts of murder for the death of a single victim. We affirm the convictions and the sentences, but we remand for entry of an order showing a single conviction for first degree murder.

Certain facts are not in dispute.

Ms. Larkin’s neighbor saw two young men he recognized leaving her house through a side window a few minutes after she had gone inside. The police were called, and when they arrived, they found Ms. Larkin on the floor of her home, bound, gagged, and bleeding profusely but still alive. Police picked up the two young men late that night; after questioning them, the police began looking for defendant. Early the next afternoon, aware that the police were seeking him, defendant and his mother, along with his girl friend, were leaving his house on their way to the police station when the police arrived. Defendant was placed in one police car; his mother and girl friend were transported in another.

At the Area 1 Violent Crimes office (Area 1), on the second floor of the police station building, police officers and an assistant State’s Attorney questioned defendant at approximately 1:30 p.m. (the 1:30 p.m. interrogation). At 7 p.m. he was questioned again by police and the assistant State’s Attorney (the 7 p.m. interrogation), and he gave a statement to a court reporter implicating himself in Ms. Larkin’s murder. He then signed it in the presence of his mother and a youth officer, both of whom signed it as well. He had been given nothing to eat or drink during his six hours at Area 1 and had not slept the night before.

Prior to trial, defendant moved to suppress his custodial statement. In his motion, he claimed that he had not been given Miranda warnings prior to the 7 p.m. interrogation and that his custodial statement was the result of physical, mental, and psychological coercion and thus was inadmissible because it was involuntary.

At the hearing on the motion, Sergeant James Swistowicz testified that defendant arrived at Area 1 at approximately 1 p.m. on October 5, 1988. He first talked with defendant at 1:15 p.m. for about 15 or 20 minutes; another police officer, Detective Armata, and an assistant State’s Attorney were present, but not a youth officer. Defendant’s mother was present also, and she was in the room “the whole time.” The assistant State’s Attorney told defendant that she was not his attorney and recited the Miranda warnings from memory; when she asked defendant if he understood each one, he replied that he did. She did not, however, obtain a written Miranda waiver. When she asked defendant if he would agree to make a statement to a court reporter, he responded affirmatively. Defendant did not ask to consult an attorney, nor did he say he wished to remain silent. Swistowicz, Armata, and the assistant State’s Attorney went to the crime scene after talking to defendant. When Swistowicz returned, defendant’s mother was sitting in the same place she had been sitting when he left. Swistowicz did not strike defendant in the jaw, nor did defendant complain to him at any time about such treatment by others. Neither he nor anyone in his presence told defendant that if he did not tell what had happened the day before “they would kick his ass and beat him up.” He also denied taking defendant’s clothes and refusing any request by defendant to talk with his mother. At one point he testified that he did not recall whether defendant had been handcuffed, but later said that he did not believe so. He did not speak again with defendant after the 1:30 p.m. interrogation, and thus he was not present for the statement to the court reporter.

Detective Ronald Armata’s testimony mirrored Sergeant Swistowicz’s. He stated that he, Swistowicz, the assistant State’s Attorney, and defendant’s mother had been present for the 1:30 p.m. interrogation, which he said had lasted 30 or 45 minutes. The assistant State’s Attorney recited the Miranda warnings from memory and told defendant that she was not his attorney. Afterward, Armata, Swistowicz, and the assistant State’s Attorney went to the crime scene, returning to Area 1 at 3 or 3:30 p.m. He did not believe that he talked again to defendant, nor did he know if anybody else did. He did not recall defendant’s mother asking to see her son. Neither he nor anyone in his presence struck defendant either at the 1:30 p.m. interrogation or during the statement to the court reporter, nor had anyone threatened him; defendant did not complain about such conduct by others. Armata responded “not to my knowledge” when asked if defendant had been handcuffed to the wall. He stated that a youth officer was not notified of defendant’s presence until after the 1:30 p.m. interrogation, but he was unable to say when the youth officer had been notified or arrived.

Assistant State’s Attorney Mary Beth Kinnerk testified next. She stated that at approximately 1:30 p.m., after speaking briefly with the officers, she entered the room where defendant was being held. She interviewed him for approximately 30 minutes, first telling him that she was not his attorney and reading the Miranda warnings “[f]rom the FOP book as [she] always do[es],” pausing after each one to ask if he understood, which he said he .did. She did not ask defendant to sign a written Miranda waiver form. Defendant’s mother and the police officers were present throughout. After the 1:30 p.m. interrogation, she asked to go to the crime scene; when she returned to Area 1 at approximately 3:30 p.m., defendant was in the same room in which she had conducted the earlier interrogation. Kinnerk advised defendant’s mother of what she had learned from her visit to the Larkin home, and she then spoke with defendant in his mother’s presence, but with no police officers in the room, for approximately 30 or 45 minutes (the 3:30 p.m. interrogation). During this conversation, defendant’s mother, who was “a very active participant,” told defendant to tell the truth, and he agreed to make a statement to a court reporter. Kinnerk noticed no facial bruising or bleeding, nor did she ever see a police officer strike defendant. Defendant did not ask her for medical attention. She had no knowledge whether defendant had been handcuffed or whether defendant’s clothes had been taken from him. Later, before calling the court reporter, Kinnerk returned briefly, alone, to ask defendant about force or other mistreatment “to assure for [her]self that the statement was in fact being given voluntarily.”

Youth officer Alberta Gordon’s stipulated testimony was that she arrived for her shift at 4:30 p.m.

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People v. Brown, 601 N.E.2d 1190, 235 Ill. App. 3d 479, 176 Ill. Dec. 492, 1992 Ill. App. LEXIS 1531 (Ill. Ct. App. 1992).

601 N.E.2d 1190 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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