People v. Hopkins

618 N.E.2d 279, 247 Ill. App. 3d 951, 187 Ill. Dec. 688, 1992 Ill. App. LEXIS 1916
Appellate Court of Illinois·Decided November 25, 1992·No. 1-90-3309·Published·Cited by 11 cases

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a bench trial, defendant, Henry Hopkins, was found guilty of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1), aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12—14), criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12— 13), armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A—2), aggravated kidnapping (Ill. Rev. Stat. 1987, ch. 38, par. 10—2), kidnapping (Ill. Rev. Stat. 1987, ch. 38, par. 10—1), aggravated unlawful restraint (Ill. Rev. Stat. 1987, ch. 38, par. 10—3.1), and unlawful restraint (Ill. Rev. Stat. 1987, ch. 38, par. 10—3). Defendant was sentenced to consecutive terms of 60 years’ imprisonment for first degree murder and 10 years’ imprisonment for aggravated criminal sexual assault. We affirm in part, vacate in part and modify.

The issues before this court for review are: (1) whether defendant’s convictions should be reversed because he was denied effective assistance of counsel because his attorney failed to file a pretrial motion to quash his arrest on the basis that the police did not have probable cause to arrest him; (2) whether the trial court erred when it denied defendant’s pretrial motion to suppress certain statements made to the police on the basis that the police did not have probable cause to arrest him; (3) whether defendant was proved guilty of first degree murder beyond a reasonable doubt; (4) whether defendant was proved guilty of aggravated criminal sexual assault beyond a reasonable doubt; (5) whether defendant was proved guilty of aggravated kidnapping beyond a reasonable doubt; and (6) whether the trial court abused its discretion when it sentenced defendant to an extended term of 60 years’ imprisonment.

Around 1 a.m. on August 6, 1988, Officers Julie Mendez and Edward Kodatt arrived at an apartment building located at 117 South Rockwell in Chicago, Illinois (the building). Upon their arrival, they found an unconscious young woman lying facedown on the ground. The woman was naked from the waist down. The victim was later identified as 13-year-old Toshanda Williams. Officer Mendez determined that the victim had fallen from an open window on the seventh floor.

Officer Mendez then went to the seventh floor of the building and entered apartment number 709, where the open window was located. The apartment was vacant. Officer Mendez found a shoe and a pair of women’s pants in one room of the apartment. Upon entering another room in the apartment, Officer Mendez saw bloodstains on the floor and bloody handprints on the wall in the hallway.

As Officer Mendez was leaving the apartment, a little boy, who was later identified as the victim’s brother, approached her and told her that defendant was the last person to be seen with the victim. Officer Mendez then went to the eighth floor of the building and questioned the residents concerning defendant’s whereabouts. While Officer Mendez was on the eighth floor, she encountered defendant, who identified himself and talked to her. During the conversation, defendant agreed to visit apartment 709 with Officer Mendez. After defendant and Officer Mendez entered the apartment, Officer Mendez noticed that defendant began to shake and sweat. Upon leaving the apartment, Officer Mendez and her partner drove defendant to the Area 4 police station at Harrison and Kedzie.

After defendant arrived at the police station with Officers Kodatt and Mendez, the police officers left him in an interview room. After escorting defendant to the room, the police officers had no further contact with him.

At approximately 1:30 a.m., Detective Patrick Foley went to the building to investigate the victim’s death. Upon observing the area where the victim was found, Detective Foley noticed that there was blood on the grass below an open seventh-floor window and that the window was open because the board covering it had been removed.

Detective Foley then inspected apartment 709. While he was inside of the apartment, he observed that all of the windows were boarded up except for one which was located in the east bedroom. The board covering that window had been removed. Detective Foley also noticed that there was blood on the window sill of the open "window and on the floor below the window. Detective Foley found an 8-inch bloodstained piece of wood, a 40-inch stick with blood on it, a pair of blue jeans next to the stick and a shoe next to the blue jeans, two large bloodstains on the wall, bloodstains on the clothes pole in the closet and another shoe in front of the closet. Detective Foley then observed “drag marks” leading from the west bedroom into the hallway and two blood spots directly in line "with the open window in the east bedroom.

Detective Foley returned to the Area 4 police station and interviewed defendant at approximately 5 a.m. Prior to interviewing defendant, Detective Foley gave him a beverage and read him his Miranda rights. Defendant then agreed to talk to Detective Foley. Detective Foley and defendant talked for 10 minutes during which time Detective Foley asked defendant if he would be willing to take a polygraph test. Defendant consented to take a polygraph examination and Detective Foley left the room. Detective Foley conducted no other interviews with defendant.

At approximately 10 a.m., Detectives Anthony Mannina and Raymond Leuser escorted defendant to the crime lab facility at 11th and State for a polygraph test administered by Officer Robert Tovar. Prior to the polygraph test, Detective Mannina asked defendant if he would like to eat. Defendant, however, indicated that he was not hungry. After the test, Officer Tovar informed Detective Mannina and defendant of the polygraph results. Defendant then told Officer Tovar a different version of what happened between him and the victim. Officer Tovar then informed Detectives Mannina and Leuser about what defendant had said. Defendant was then arrested and returned to the Area 4 police station at approximately 2 p.m. At that time, defendant was read his Miranda rights. Defendant was 17 years old on the date of his arrest.

Detective Mannina testified during the trial that upon defendant’s return to the Area 4 station, he questioned him for approximately 15 minutes during which time defendant made an oral statement. Detective Mannina testified that after taking defendant’s statement, he asked defendant if he wanted food or a beverage and that defendant again declined. At some point during his detention, defendant signed a consent to search form.

Assistant State’s Attorney Mary Beth Kinnerk testified that she interviewed several witnesses including defendant. Assistant State’s Attorney Kinnerk stated that upon meeting defendant, she asked him if he had been treated well, and he indicated that he had. She also told the court that she asked defendant if he wanted anything to eat and that he indicated that he was hungry. Assistant State’s Attorney Kinnerk testified that she ordered food from McDonald’s and brought it to defendant when it was delivered to the station. Assistant State’s Attorney Kinnerk also testified that she told defendant that she was representing the State and that she read defendant his Miranda rights. After defendant indicated that he understood his rights, he and Assistant State’s Attorney Kinnerk talked for 45 minutes in the presence of Detective Mannina.

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People v. Hopkins, 618 N.E.2d 279, 247 Ill. App. 3d 951, 187 Ill. Dec. 688, 1992 Ill. App. LEXIS 1916 (Ill. Ct. App. 1992).

618 N.E.2d 279 (People v. Hopkins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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