People v. Davis

520 N.E.2d 1220, 166 Ill. App. 3d 1016, 117 Ill. Dec. 869, 1988 Ill. App. LEXIS 276
Appellate Court of Illinois·Decided March 9, 1988·No. 4-87-0577·Published·Cited by 4 cases

Opinion

JUSTICE LUND

delivered the opinion of the court:

On July 22, 1987, the circuit court of Sangamon County entered an order on the motion to suppress statements made by defendant Michael Davis, finding the statements made were voluntarily given and defendant had been advised of his Miranda rights. Accordingly, the court denied said motion. At the same time, the court held that written statements signed by defendant were not admissible since the court found defendant did not understanding^ read the statements before signing them. The State appeals the court’s ruling denying the admission of these written statements. We reverse.

Defendant was charged with four counts of murder and one count of armed robbery in violation of sections 9 — 1 and 18 — 2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1, 18 — 2). On June 2, 1987, defendant filed a motion to suppress statements, admissions, and/or confessions. The motion alleged that the statements in question should be suppressed because they were not made voluntarily and defendant had not been advised of his Miranda rights.

A hearing was commenced on July 13, 1987. The hearing was directed entirely to the subject of the voluntariness of the statements and whether defendant was advised of his Miranda rights. The statements in question were given on July 30, July 31, August 1, August 15, and August 16, 1986. The last four were reduced to writing and signed by the defendant. The last statement implicated defendant as being involved in the murder and armed robbery. While the evidence introduced at the hearing was extensive, the only testimony recited here will be that pertaining to the question at hand.

Don Kolar, a Springfield city detective, was involved in the taking of all the statements. He testified the procedure was the same each time. As the defendant was interrogated, Kolar would write out the statement. The statement was not a verbatim question-and-answer statement. Kolar would consolidate the statement and use different wording. When the statement was completed, he would give it to defendant to read and show defendant where to sign and initial the statement.

In each case, defendant appeared to read the statements. Kolar testified he asked defendant before defendant signed them if the statements were accurate, and defendant responded affirmatively.

Detective Thomas Mann was present for several of the statements. After one of the earlier statements was written, he asked defendant to read the statement out loud. He stated defendant was a little bit slow but did a pretty good job of reading. He also observed defendant appearing to read the statements before signing them.

Detective Ralph Harris was present for the last incriminating statement. He testified the written statement was six pages long, and defendant reviewed each page and appeared to read it.

Defendant presented the testimony of a school teacher, a special education teacher, and a school psychologist. This testimony showed defendant has an IQ of 55 to 61, which resulted in his being classified as educable mentally handicapped. He also reads at a second-grade level.

Gary Jackson, defendant’s stepfather, was present for one of the statements. He stated he “imagined” defendant read the statement.

Defendant testified he did not read the statements before he signed them. He just signed where the police told him to. He understood that Kolar was writing what he told Kolar. He acknowledged reading a part of a statement out loud but maintained the police had him stop when they found he was a slow reader.

The court found the statements were voluntary, and defendant had been advised of his Miranda rights. However, the court found defendant did not read the written statements. The court was concerned that admission of the written statements with defendant’s signature on them would create the inference defendant adopted the statements even though the court believed the evidence showed defendant did not understanding^ read them. Therefore, the court ruled that the prejudicial effect of defendant’s signature on the statements would outweigh their probative value and, accordingly, precluded the State from using the signed written statements. The admission of the oral statements through the testimony of the police officers was not affected. The State filed a certificate of impairment, and this appeal followed.

The State contends the court erred since it has been held in Illinois that an unsigned written statement prepared by someone else may be admitted into evidence when the person who wrote the statement testifies it is an accurate transcript of defendant’s oral remarks. (See People v. Perkins (1959), 17 Ill. 2d 493, 500, 162 N.E.2d 385, 389; People v. Berryman (1958), 13 Ill. 2d 229, 231, 148 N.E.2d 745, 746; People v. Dogoda (1956), 9 Ill. 2d 198, 202, 137 N.E.2d 386, 388; People v. Wilson (1981), 92 Ill. App. 3d 370, 379-80, 415 N.E.2d 1315, 1323.) The State argues that since an unsigned statement is admissible, then surely a signed statement should be. The State believes this is especially true because defendant’s signature and initials would provide greater assurance of authenticity.

However, these cases are factually dissimilar from the present case. In People v. Dogoda (1956), 9 Ill. 2d 198, 202, 137 N.E.2d 386, 388, the supreme court held that it was not necessary a statement be signed to be admissible “since the police officer who took it testified that it was a true and correct transcript of the questions and answers.” In People v. Berryman (1958), 13 Ill. 2d 229, 231, 148 N.E.2d 745, 746, the court held an unsigned statement was admissible since it was proved by the testimony of the court reporter who took it and it bore the initials of the defendant in the margin opposite corrections. Similarly, in People v. Perkins (1959), 17 Ill. 2d 493, 500, 162 N.E.2d 385, 389, the court stated: “Officer Share testified that the writing was a true and correct transcript of the questions asked and answers made by defendant. With that foundation it was admissible, if relevant and material, even though it was unsigned.” This analysis has been followed in other cases. (See People v. Hanson (1964), 31 Ill. 2d 31, 39, 198 N.E.2d 815, 819; People v. McNeil (1968), 99 Ill. App. 2d 273, 279, 240 N.E.2d 721, 724; People v. Wilson (1981), 92 Ill. App. 3d 370, 379-80, 415 N.E.2d 1315, 1323.) In each case, reference was made to testimony of a court reporter who took the statement or to the fact that the officer writing the statement testified he wrote down the questions and answers.

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People v. Davis, 520 N.E.2d 1220, 166 Ill. App. 3d 1016, 117 Ill. Dec. 869, 1988 Ill. App. LEXIS 276 (Ill. Ct. App. 1988).

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