People v. Gorman

565 N.E.2d 1349, 207 Ill. App. 3d 461, 152 Ill. Dec. 431, 1991 Ill. App. LEXIS 59
CourtAppellate Court of Illinois
DecidedJanuary 17, 1991
Docket4-90-0177
StatusPublished
Cited by30 cases

This text of 565 N.E.2d 1349 (People v. Gorman) 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. Gorman, 565 N.E.2d 1349, 207 Ill. App. 3d 461, 152 Ill. Dec. 431, 1991 Ill. App. LEXIS 59 (Ill. Ct. App. 1991).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

Defendants Connor Gorman, Glenn Schicker, and Aleck Zavalis were charged with two counts of arson (Ill. Rev. Stat. 1989, ch. 38, par. 20 — 1) arising from the September 24, 1989, fire at Memorial Stadium on the campus of the University of Illinois (University). The three defendants were individually questioned by University police department investigators, but none of them was given the Miranda warnings prior to being interviewed. The trial court granted defendants’ motions to suppress the statements they made in response to this questioning. The State appeals the suppression order.

We affirm.

I. Facts

On September 24, 1989, a fire at Memorial Stadium significantly damaged the Astroturf playing field. An accelerant had been used to ignite the Astroturf surface, resulting in a fire which caused over $600,000 in damage.

On October 6, 1989, University police received a tip suggesting that Zavalis and two other unnamed persons were responsible for the fire. Acting on this tip, University police investigators Michael J. Costa and Steven Trame went to Zavalis’ apartment on October 9, 1989, to interview him concerning the fire. Zavalis was out of town on that date, so Costa and Trame returned to the apartment at approximately 8 a.m. the next morning. They knocked on the door, and it was answered by Schicker. Because Schicker matched the description of one of the unnamed persons, Costa immediately viewed Schicker as a suspect. Costa and Trame identified themselves as University police officers and asked the whereabouts of Zavalis. Schicker told them that Zavalis had left the apartment and inquired as to the subject matter of their visit. The investigators declined to tell Schicker the nature of their business. Shortly thereafter, Zavalis returned to the apartment. The investigators were again asked the nature of their business, and they again declined to answer. They told Schicker and Zavalis that they wished to talk with all the residents of the apartment. Schicker then left the living room, went upstairs, and woke two other roommates, Kevin Abel and Gorman. A fifth roommate, Brian Pianfetti, whose bedroom was adjacent to the living room, also entered the apartment living room. When Gorman entered the living room, Costa also viewed him as a suspect because he matched the description of the other unnamed individual.

When all five roommates were assembled in the living room, the investigators stated they were interested in interviewing them at the University police station in Urbana. Pianfetti asked the investigators the nature of their business, and again Costa and Trame declined to tell them, stating that they preferred instead to inform the students at the police station. Schicker told the investigators that he had an exam that morning, so he arranged to meet them at 10:30 a.m. instead. Abel notified the investigators that he had a term paper to finish, so he arranged to meet them at the police station at 2 p.m. that afternoon.

The investigators asked the remaining three students whether they were available for an interview that morning. The testimony at the hearing on the motion to suppress was in conflict regarding Cos-ta’s response. Zavalis testified that he told the investigators he had to go to class and that Costa told him class could wait. Costa testified that he could not remember telling Zavalis that he should miss his class.

Zavalis, Gorman, and Pianfetti then went with Costa and Trame to the University police station. The students were transported to the station in an unmarked police car. The police car contained a police radio, but did not have a cage between the front and backseats or backdoors that locked automatically. The students were not handcuffed and rode together in the backseat of the car. Costa and Trame gave different explanations for why the students were encouraged to ride with them to the station. Costa testified that he offered the students a ride because of the limited availability of parking on campus. Trame testified that Costa offered the students a ride because “it was cold out that morning and it was quite far away” from the apartment to the police station. Zavalis and Gorman testified that they did not believe they had any choice but to go to the station with the officers.

At the station, the students were separated; Pianfetti and Gorman were placed in one room while Zavalis was placed in Lieutenant Kristal Fitzpatrick’s office. Fitzpatrick’s office measured approximately six feet by eight feet and contained a desk and chairs. At one point, while waiting for the interviews to begin, Zavalis briefly left the office, but was told by a University police officer to return to the office and sit down.

Zavalis was interviewed by Costa. Costa entered Fitzpatrick’s office, closed the door, and sat in a chair next to Zavalis. He told Zavalis that he could leave at any time, but Zavalis testified that his impression was that he was not free to leave. Fairly early in the interview, Zavalis told Costa that he might be interested in obtaining a lawyer. Zavalis testified that Costa asked him, “Are you sure you want to talk to a lawyer?” Costa reported that he advised Zavalis that, “If he wanted to contact a lawyer at this time he was free to do so.” Zavalis decided to continue the interview. Subsequently, Zavalis made the statements to Costa that were the subject of his motion to suppress. Following the interview, the police drove Zavalis back to his apartment.

Trame interviewed Gorman in a room measuring six feet by nine feet. The room’s sliding door was closed, but did not shut all the way. Trame sat across from Gorman during the interview. He told Gorman that he was not under arrest and that he was free to go after the interview was over, but not until it was over. Gorman at first denied involvement in the stadium fire, at which point Trame left the room. Trame returned five minutes later and told Gorman that fingerprints on matches, a football stadium goal post, and a charcoal lighter fluid container linked him and Zavalis to the fire. Trame also suggested a hypothetical scenario of two or three college students getting drunk and mischievously setting fire to the Astroturf by mistake. Gorman requested to leave the room and to talk to his roommates, but Trame told Gorman that his roommates were being interviewed and that he would not be allowed to talk to them at that time. Trame again encouraged Gorman to confess, adding that it was probably the fault of the company that manufactured the turf that the stadium carpet burned. Trame again suggested a scenario of college pranksters whose fun got out of control. At that point, Gorman made the statements that were the subject of his motion to suppress.

After Gorman made his inculpatory statements, Trame left the interview room and informed his supervisor, Fitzpatrick, of what Gorman had said. Soon thereafter, Fitzpatrick or some other officer contacted the Champaign County State’s Attorney’s office to initiate the filing of charges. A written statement was prepared by Trame and signed by Gorman. Gorman elected to walk home after being offered a ride back to his apartment.

Following his scheduled class, Schicker dropped his books off at his apartment and proceeded to walk to the police station.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Urban
2020 IL App (5th) 170076-U (Appellate Court of Illinois, 2020)
People v. Coleman
2015 IL App (4th) 140730 (Appellate Court of Illinois, 2015)
People v. Jones
2012 IL App (1st) 93180 (Appellate Court of Illinois, 2012)
People v. Jordan
960 N.E.2d 1253 (Appellate Court of Illinois, 2011)
People v. Wright
960 N.E.2d 56 (Appellate Court of Illinois, 2011)
People v. Griffin
898 N.E.2d 704 (Appellate Court of Illinois, 2008)
People v. Calhoun
889 N.E.2d 795 (Appellate Court of Illinois, 2008)
People v. Croom
Appellate Court of Illinois, 2008
People v. Carroll
Appellate Court of Illinois, 2001
People v. Wheeler
667 N.E.2d 158 (Appellate Court of Illinois, 1996)
People v. Goyer
638 N.E.2d 390 (Appellate Court of Illinois, 1994)
People v. Brown
624 N.E.2d 1378 (Appellate Court of Illinois, 1993)
People v. McDaniel
619 N.E.2d 214 (Appellate Court of Illinois, 1993)
People v. Holman
620 N.E.2d 1222 (Appellate Court of Illinois, 1993)
People v. Rogers
614 N.E.2d 1334 (Appellate Court of Illinois, 1993)
People v. Shepherd
610 N.E.2d 163 (Appellate Court of Illinois, 1993)
People v. Miller
611 N.E.2d 11 (Appellate Court of Illinois, 1993)
People v. Roundtree
608 N.E.2d 604 (Appellate Court of Illinois, 1993)
People v. Choe
595 N.E.2d 99 (Appellate Court of Illinois, 1992)
People v. Walls
581 N.E.2d 264 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
565 N.E.2d 1349, 207 Ill. App. 3d 461, 152 Ill. Dec. 431, 1991 Ill. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gorman-illappct-1991.