People v. Hawthorn

613 N.E.2d 1274, 244 Ill. App. 3d 687, 184 Ill. Dec. 682, 1993 Ill. App. LEXIS 489
CourtAppellate Court of Illinois
DecidedApril 8, 1993
DocketNo. 1—90—1515
StatusPublished
Cited by1 cases

This text of 613 N.E.2d 1274 (People v. Hawthorn) 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. Hawthorn, 613 N.E.2d 1274, 244 Ill. App. 3d 687, 184 Ill. Dec. 682, 1993 Ill. App. LEXIS 489 (Ill. Ct. App. 1993).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

The People of the State of Hlinois appeal from the circuit court’s order suppressing certain inculpatory statements made by the defendant, Carolyn Hawthorn (Hawthorn). After an evidentiary hearing, the circuit court found that Hawthorn had been subject to a custodial interrogation without the requisite Miranda warnings. The circuit court held that the statements made during this interrogation were inadmissible because they were obtained in violation of the defendant’s fifth and sixth amendment rights. In addition, the circuit court held that the defendant’s subsequent statements must be suppressed pursuant to the fruit of the poisonous tree doctrine.

We reverse.

Background

On July 16, 1986, the body of Glen Johnson was found in a dumpster in Skokie, Hlinois. Johnson had been beaten and shot with a .32-caliber gun.

The Skokie police detectives ascertained that Johnson had been the defendant’s boyfriend and had lived with the defendant and her two sons until the date of his death. From July until September 4, 1986, the detectives spoke with Hawthorn approximately a dozen times. They discussed the murder with her and questioned her about Johnson’s habits, friends, and “hang outs.” Sometimes they went to Hawthorn’s home or office, other times she came to the police station. The police subpoenaed her telephone records for the entire month of July to find out what phone calls were made by Hawthorn and Johnson. In addition to Hawthorn, the police interviewed about 100 to 200 other individuals in connection with the investigation.

During their investigation the police learned that there had been fights between Hawthorn and Johnson, and that Johnson had caught Harry Ollie, another boyfriend of Hawthorn, in her bedroom. Ollie told the police that he had given Hawthorn a .32-caliber gun to use as protection against Johnson. The police learned that Ollie had taken an unauthorized leave from his job on July 15, 1986, the day before the body was discovered.

The officers testified that, as of September 4, 1986, they did not believe Hawthorn was a suspect, but they did believe she knew more about the murder than she had told them. The information that Hawthorn gave the police contained a number of inconsistencies. For example, Hawthorn told Officer Jones that the last time she saw Johnson, he left in his car. However, Johnson’s car was at Hawthorn’s residence the first time the police came by after the discovery of Johnson’s death. In addition, evidence indicated that Hawthorn was driving Johnson’s car, rather than her own, during the time that Johnson was missing. Officer Silverberg testified that he became concerned when other persons gave him information which Hawthorn withheld. Finally, all of Johnson’s associates suggested that Hawthorn must have played a part in Johnson’s death.

Despite this information, the officers testified that on September 4, 1986, they felt that the investigation had come to a dead end. Therefore, as a “last shot,” they decided to ask Hawthorn to submit to a polygraph examination.

Officer Jones testified that on September 4, he called Hawthorn and invited her to come to the Skokie police station for another interview about the Johnson homicide. Hawthorn agreed to come to the station and arrived around noon. At this time, Jones told Hawthorn that he believed that she was being untruthful and asked her to take a polygraph examination. Jones had received authorization from the department to incur the expense of the polygraph test prior to her arrival. When Hawthorn agreed to take the polygraph examination, Jones called Reid and Associates in Chicago and made an appointment for 1:30 p.m. Jones and Silverberg drove Hawthorn to the polygraph appointment in an unmarked police car.

Upon arriving at Reid and Associates, Hawthorn and the officers waited in the lobby prior to the examination. The officers remained with Hawthorn during this time, and Hawthorn slept while she waited.

Jones testified that he had a conversation with the polygraph examiner or his assistant prior to the polygraph test, but did not tell him what he wanted discovered or discussed. Silverberg testified that he gave the examiner a list of questions he wanted the examiner to ask Hawthorn. The questions included: whether Hawthorn killed Johnson, whether she shot him with a handgun, whether she knew who killed him, and whether she was involved in his killing.

Michael Masokas, who was employed by Reid and Associates as a polygraph examiner, testified that he met with Jones and Silverberg at 1:15 p.m. for approximately 20 to 25 minutes. At this time he obtained background information from which to develop polygraph questions and received a list of questions from the officers.

Masokas then went into the room where Hawthorn had been placed by one of the receptionists. Jones and Silverberg waited in the lobby. Upon entering the room, Masokas observed that Hawthorn had a release form in front of her. Masokas asked Hawthorn if she had time to read it and, upon receiving an affirmative response, asked her to sign it. He signed the form as a witness to her signing.

Masokas then proceeded to examine Hawthorn in three distinct stages: the pretest interview, the polygraph test itself, and the post-test interrogation. During the initial interview, Masokas obtained general background information including her medical and work history. He asked Hawthorn if she knew why she was in the office. She responded that her boyfriend had been killed and she was a suspect in the murder so they wanted her to take the polygraph test. Masokas also asked her if she was involved in causing Johnson’s death, and Hawthorn said no. Masokas observed her behavior as he asked these questions.

After 45 minutes to an hour, Masokas took Hawthorn into another room with a polygraph instrument. Prior to the actual examination, they reviewed the questions which would be asked during the test. Masokas then attached her to the instrument and proceeded with the examination. Masokas asked 10 questions, four of which were relevant to the investigation. This procedure took 30 to 35 minutes. Masokas then returned Hawthorn to the initial interview room and left to review the polygraph results for 10 to 15 minutes. Masokas concluded that Hawthorn was not telling the truth.

Upon returning to the interview room, Masokas confronted Hawthorn with the fact that she was not telling the truth and began the post-test interrogation. At the beginning of the interrogation Masokas told Hawthorn that the door was unlocked and she was free to leave. Masokas used an interrogation procedure known as the “Reid Nine Steps of Interrogation.” One of the primary goals of this procedure is to minimize the moral guilt and responsibility associated with a crime, thereby inducing a suspect to confess. This goal is accomplished, in part, through the development of themes which explain why the suspect may have committed the offense, and, at the same time, provide justification for committing the offense.

Approximately an hour into the interrogation, Louis Senese, then the chief examiner of Reid and Associates, entered the room. Prior to his entry, he had been monitoring the interrogation via an intercom system.

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

Related

People v. Lela
2024 IL App (1st) 220383-U (Appellate Court of Illinois, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 1274, 244 Ill. App. 3d 687, 184 Ill. Dec. 682, 1993 Ill. App. LEXIS 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hawthorn-illappct-1993.