People v. Daniel

606 N.E.2d 94, 238 Ill. App. 3d 19, 179 Ill. Dec. 262, 1992 Ill. App. LEXIS 1585
CourtAppellate Court of Illinois
DecidedSeptember 30, 1992
Docket1-91-0845
StatusPublished
Cited by15 cases

This text of 606 N.E.2d 94 (People v. Daniel) 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. Daniel, 606 N.E.2d 94, 238 Ill. App. 3d 19, 179 Ill. Dec. 262, 1992 Ill. App. LEXIS 1585 (Ill. Ct. App. 1992).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant, Hortez Daniel, was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)); armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2); and residential burglary (Ill. Rev. Stat. 1989, ch. 38, par. 19 — 3). The trial court sentenced defendant to three concurrent prison terms ranging from 15 to 70 years.

Defendant appeals, contending the trial court should have suppressed: (1) his confession, and (2) the fruits of a warrantless search of his car. Defendant also contends (3) his sentence was improper and excessive.

We affirm the judgment of the trial court.

Background

The record contains the following pertinent facts. On July 10, 1990, defendant was charged in a 14-count indictment with eight counts of first degree murder, two counts of home invasion, one count of armed robbery, one count of robbery, and two counts of residential burglary.

A

On November 16, 1990, the trial court held a hearing on defendant’s motion to suppress statements. The State’s evidence was essentially as follows. On June 13, 1990, Chicago police detective Ellen Moran was investigating the murder of Eulis Reese. At approximately 10:30 a.m., as part of the investigation, Detective Moran and other Chicago police officers brought to a police station defendant; his father, Horace; his grandmother, Bernice; his cousin; and Horace’s girlfriend. Defendant and his family were taken in two squad cars. Detective Moran could not remember whether defendant was placed in a squad car separate from his family.

At the police station, Detective Moran first questioned Horace’s girlfriend. During this time, defendant was with his family. At approximately 12 noon, Moran took defendant to a second-floor interview room and questioned him for roughly one hour. From approximately 1:30 p.m. to 6:30 p.m., Moran investigated the information that defendant gave to her. She then briefed the next watch assigned to the case.

Chicago police detective George Holmes came on duty on June 13, 1990, at 4:30 p.m. His partner was Detective George Tracy. Defendant was still in the station’s second-floor interview room. At approximately 7 p.m., Detective Holmes arrested defendant for the murder of Eulis Reese. At approximately 7:25 p.m., Detective Holmes advised defendant of his constitutional rights and, because defendant was 16 years old, also advised defendant that he could be charged as an adult. Defendant responded that he understood each of his rights. In the room with Detective Holmes was Chicago police department youth officer Carol Kilgore. The door to the room did not lock and defendant was not handcuffed. Defendant agreed to talk with Detective Holmes and they spoke for about an hour. Defendant did not appear upset and was able to answer questions.

At approximately 10 p.m., Detective Holmes again spoke with defendant in the presence of youth officer Kilgore. The conversation lasted for about 10 minutes. Defendant again appeared natural and normal.

Kilgore remained with defendant in the interview room from their 7:25 p.m. conversation until the end of her shift at midnight. Further, neither Kilgore nor anyone in her presence threatened or mentally coerced defendant. Also, defendant did not display any condition that rendered him unable to understand his constitutional rights.

Although Horace remained at the police station throughout the day, Detective Holmes could not recall whether Horace spoke with defendant subsequent to his arrest. However, Horace was allowed to bring defendant food. At approximately 1:30 a.m. on June 14, Horace left the station.

At roughly 2:15 a.m., Detectives Holmes and Tracy spoke with defendant for 10 to 30 minutes. Thereafter, Holmes and Tracy, joined by Detectives Robert Utter and George Carey, took defendant with them on a field investigation. Defendant was handcuffed when they left the station. They went to one location, where they unsuccessfully searched for someone. They thereafter went to a second location, where they unsuccessfully searched for an object.

At approximately 3:30 a.m., the detectives then took defendant to Horace’s home. Defendant and the four detectives met with Horace, Horace’s girlfriend, and defendant’s grandmother. In their presence, defendant made statements that implicated him in the crime. The detectives also recovered evidence from the residence. Defendant made additional statements as he left Horace’s residence.

Detectives Holmes and Tracy then took defendant to the home of his friend and high school classmate Sergio Thomas. Detectives Carey and Utter followed. At Thomas’ home, the detectives recovered additional evidence. At approximately 4:30 a.m., the detectives took defendant and Thomas back to the police station.

Detectives Holmes and Tracy returned defendant to the second-floor interview room and removed his handcuffs. At approximately 5:15 a.m., the detectives again spoke with defendant. He was again advised of his constitutional rights, to which he again responded that he understood each of his rights. They spoke for roughly 30 minutes. During this conversation, defendant made a confession. The detectives then requested the presence of an assistant State’s Attorney.

Throughout the field investigation that morning and during the 5:15 a.m. conversation, each of the four detectives observed that defendant was alert and coherent, responsive and cooperative. Defendant did not appear to have any physical, psychological, educational, or emotional condition that rendered him incapable of understanding and. appreciating his constitutional rights. Each detective testified that neither he, nor anyone in his presence, threatened or mentally coerced defendant.

Assistant State’s Attorney Aaron Iverson arrived at the police station and spoke with defendant at approximately 7 a.m. Detective Holmes was present at the beginning of the interview. Iverson explained to defendant that he worked with the police and was not defendant’s lawyer. Iverson also informed defendant of his constitutional rights. Defendant was not in handcuffs and appeared alert and calm. Defendant and Iverson spoke for roughly one hour. Defendant agreed to repeat his confession in the presence of a court reporter.

Chicago police department youth officer Donald Petersen spoke with defendant at approximately 8:35 a.m. He advised defendant of his constitutional rights and of the possibility that he could be tried as an adult for the offense of murder. Defendant responded that he understood these rights and admonition. Defendant spoke with Petersen for approximately 10 minutes, during which time Detective Moran was in the room periodically. Defendant was not handcuffed. He appeared relaxed and alert, and did not appear to have any physical, mental, educational, or emotional condition that prevented him from understanding his constitutional rights. In response to Petersen’s questions, defendant stated that he had eaten and that he was “okay.” Neither Officer Petersen nor anyone in his presence threatened or mentally coerced defendant.

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Bluebook (online)
606 N.E.2d 94, 238 Ill. App. 3d 19, 179 Ill. Dec. 262, 1992 Ill. App. LEXIS 1585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daniel-illappct-1992.