People v. Graham

573 N.E.2d 1346, 214 Ill. App. 3d 798, 158 Ill. Dec. 161, 1991 Ill. App. LEXIS 881
CourtAppellate Court of Illinois
DecidedMay 24, 1991
Docket1-88-3411
StatusPublished
Cited by33 cases

This text of 573 N.E.2d 1346 (People v. Graham) 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. Graham, 573 N.E.2d 1346, 214 Ill. App. 3d 798, 158 Ill. Dec. 161, 1991 Ill. App. LEXIS 881 (Ill. Ct. App. 1991).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Defendant, Lee Graham, was charged by indictment with two counts of first degree murder (Ill. Rev. Stat. 1985, ch. 38, pars. 9—1(a)(1), (a)(2)) and one count of concealment of a homicidal death (Ill. Rev. Stat. 1985, ch. 38, par. 9—3.1(a)(1)). Prior to trial on these charges, defendant filed a motion to quash arrest and suppress evidence. A hearing was held on defendant’s motion, and the motion was sustained and all statements made by defendant were suppressed. The State’s subsequent motion for reconsideration was denied. The State appeals from both rulings, pursuant to Supreme Court Rule 604(a)(1) (107 Ill. 2d R. 604(a)(1)). On appeal, the State contends that (1) defendant was not illegally seized by police officers, but rather voluntarily accompanied them to the police station, and (2) even if defendant was illegally seized, his later statements were sufficiently attenuated from the illegality so as to be admissible. For the reasons set forth in this opinion, we affirm the trial court’s rulings.

Facts

A murder occurred in Evanston, Illinois, in August of 1987. After several months of investigation, the Evanston police developed information which led them to believe that the defendant was involved. Three officers travelled from Evanston to Tuscaloosa, Alabama, in January of 1988 to question the defendant. The defendant made certain inculpatory statements to the police upon questioning at the Tuscaloosa police station. He was held overnight in the Tuscaloosa County jail, and the next morning was taken before a Tuscaloosa district court judge for an extradition hearing. After waiving extradition, defendant was driven to the airport for a flight back to Chicago, and during the drive, he made an additional statement to the police. Upon returning to Evanston, the defendant made a third statement regarding the murder.

Defendant’s motion to quash his arrest and to suppress the products of that arrest alleged that he was arrested on January 28, 1988, at or near the Knox Hall dormitory on the campus of Stillman College in Tuscaloosa, Alabama, by Evanston, Illinois, police officers. Defendant further alleged that the arrest was a seizure as contemplated by the fourth amendment to the United States Constitution (U.S. Const., amend. IV), and was made without a warrant and without probable cause. Subsequent to defendant’s “arrest” he was questioned by police and as a result police became aware of witnesses and evidence which defendant sought to suppress along with defendant’s statements to police.

A hearing was held on defendant’s motion on October 16, 1988. The defendant testified that on January 28, 1988, he was in Tuscaloosa, Alabama, on the campus of Stillman College. At approximately 10:30 a.m. he was leaving his second-floor dormitory room when he encountered Mr. Blackman, head of dormitory security. Mr. Blackman asked defendant if he was Kirby Brown, defendant’s nickname. When defendant responded that he was, Mr. Blackman said “come with me,” and defendant went with him.

Outside they encountered Dean Hubbard, Stillman’s dean of students, who also asked defendant if he was Kirby Brown. When defendant said he was, Dean Hubbard said “come with me,” and defendant followed him. After taking about five steps, a car with four men in it, later identified as three Evanston police officers and one Tuscaloosa officer, pulled up and all got out of the car and stood around the defendant. One of the men asked defendant if he was Kirby Brown, to which defendant responded he was, and the man then identified himself as Sgt. Wernick of the Evanston police department, showing defendant his badge and a picture of the defendant. Defendant testified that he did not remember any of the other officers identifying themselves to him. Sgt. Wernick said “come with us,” to which the defendant did not say anything, but went with them because he “felt like [he] didn’t have no choice.” The four police officers then drove defendant to a Tuscaloosa police facility, a ride of 10 minutes or less, with defendant sitting in the back seat of the car between two officers. The officers asked no questions of the defendant during the ride.

Defendant further testified that when he got into the car an officer grabbed him by the arm. Upon arrival at the station, he was told to get out of the car, and again an officer grabbed him by his arm. At the police station, defendant was patted down and his belongings were taken. He was then taken to another room and read his Miranda rights. Defendant testified that he was never shown an arrest or a search warrant, and that he did not voluntarily go with the officers to the police station.

On cross-examination defendant could not describe the officer who had grabbed his arm getting into and out of the police car, but said he knew it was one of the Evanston officers but not Sgt. Wernick. Defendant also denied that the Evanston police officers said they would like him to come to the police station, repeating his earlier statement that they said “come with us.” He was not at that time told he was under arrest, but said that when they read him his rights, he “figured [he] was under arrest then.”

The first of the State’s witnesses was Officer Thomas Cubanski of the Evanston police department. He testified that in January of 1988 he was investigating a homicide which had occurred in Evanston five months earlier and that he went with two other Evanston police officers to Tuscaloosa, Alabama, seeking to interview the defendant. Upon arrival in Tuscaloosa, they met with the Tuscaloosa deputy police chief, who assigned a local officer, Investigator Adams, to work with them.

Cubanski and his fellow officers spoke with a girlfriend of the defendant who told them that he was staying in a dormitory on the campus of Stillman College with a friend. When they spoke with Dean Hubbard, he told them that if the defendant was in fact on campus, he was not wanted there since he was not a student at that time. Hubbard said that he would go to look for defendant at the address given to him by the Evanston officers. The three Evanston officers and Investigator Adams drove to the campus in Adams’ unmarked police car while the dean walked.

The next time Cubanski saw Hubbard, he was walking out of the dormitory with defendant. According to Cubanski, Sgt. Wernick asked defendant to accompany him to be interviewed and defendant said yes, he would be willing to do that. Defendant was never handcuffed, nor did the witness see anyone grab defendant’s arm. Cubanski further stated that he heard Dean Hubbard tell the defendant that if he remained on campus, he would be arrested.

On cross-examination, Cubanski testified that they had not attempted to get an arrest warrant before going to Alabama and that he did not believe there was probable cause to arrest the defendant. Cubanski also stated that the defendant was not free to leave as they were driving to the police station, nor was he free to walk out of the police station. Cubanski testified that he did not have the power in his official capacity as an Evanston police officer to detain the defendant had he chosen to leave, but that he would have nonetheless stopped the defendant from leaving or asked Investigator Adams to do so had defendant tried to leave. At the station, the defendant was patted down and made to empty his pockets.

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Cite This Page — Counsel Stack

Bluebook (online)
573 N.E.2d 1346, 214 Ill. App. 3d 798, 158 Ill. Dec. 161, 1991 Ill. App. LEXIS 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graham-illappct-1991.