People v. Latona

579 N.E.2d 394, 218 Ill. App. 3d 1093, 161 Ill. Dec. 846, 1991 Ill. App. LEXIS 1583
CourtAppellate Court of Illinois
DecidedSeptember 16, 1991
Docket2-90-0034
StatusPublished
Cited by4 cases

This text of 579 N.E.2d 394 (People v. Latona) 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. Latona, 579 N.E.2d 394, 218 Ill. App. 3d 1093, 161 Ill. Dec. 846, 1991 Ill. App. LEXIS 1583 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE REINHARD

delivered the opinion of the court:

On December 27, 1989, the circuit court of Lee County granted defendant’s, John Latona’s, motion to suppress certain statements made by him to an undercover police officer on May 16, 1989, and June 1, 1989, and granted a supplemental motion to suppress a recorded telephone conversation between defendant and the same undercover officer on June 21, 1989. The State appeals pursuant to Supreme Court Rule 604(a)(1) (134 Ill. 2d R. 604(a)(1)).

The sole issue presented for review on this appeal is whether the trial court erred in granting defendant’s motions to suppress based on a finding that an undercover police officer was compelled to give defendant the Miranda warnings.

Defendant was an inmate at the Dixon Correctional Center. He was charged by information filed in the circuit court of Lee County with one count of solicitation of murder and one count of solicitation of murder for hire (Ill. Rev. Stat. 1989, ch. 38, pars. 8 — 1.1, 8 — 1.2). The charges alleged that on May 16, 1989, defendant requested Randall Jordan to commit the offense of first-degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)) and procured Randall Jordan to commit first-degree murder pursuant to an agreement whereby Jordan would kill Danny Shamoon and defendant would “return the favor” upon his release from the Department of Corrections.

At the hearing on defendant’s motions to suppress statements, Officer Jerry Sternes, a lieutenant with the Illinois Department of Corrections assigned as the investigator at Dixon Correctional Center, Dixon, Illinois, testified that he had a conversation with Michael Wagers, an inmate at the Dixon Correctional Center, in mid-March 1989. During this conversation, Wagers revealed that there was an inmate who wanted a “hit” done on someone “on the street.” Later, Wagers again talked with Sternes and told him that John Latona, defendant, wanted to have his daughter’s boyfriend, Danny Shamoon, killed. Wagers also indicated that defendant was offering $2,500 and some furniture to the person who would commit the offense.

Randall T. Jordan, a police officer with the Rock Falls police department temporarily assigned to the Illinois Department of Criminal Investigation, was asked to assist in the investigation. Officer Jordan, using the alias “Randy Peterson,” entered the Dixon Correctional Center posing as the brother of inmate Michael Wagers, to play the role of a hit man. Defendant had previously submitted the name Randy Peterson on the visiting add-on list for May 16, 1989. Officer Jordan was wearing jeans, cowboy boots, a dark sweatshirt, black vest, sunglasses and an Easy Rider bandanna. He also wore an earring and had a beard. Jordan was wearing an electronic surveillance device.

After identifying himself as someone who could arrange a murder, Jordan asked defendant to tell his story. Although Jordan did not testify to the actual conversation on this date or to a subsequent conversation with defendant on June 1, 1989, tape recordings of the conversation and transcripts of the tapes were admitted into evidence. While the tapes and transcripts are not contained in the record on appeal, the memorandum opinion of the trial judge contains quotations from the transcripts of the conversations which the parties have used in the statement of facts in their briefs.

Jordan questioned defendant by stating: “ ‘What if he comes up dead?’ ” and then “ ‘The only thing I’m concerned about is what happens if as a result of the situation that he comes up dead? That’s not going to bother you?’ ”

Jordan later asked defendant, “ ‘All right, what do you want from me?’ ” to which defendant replied:

“ ‘Just, just, just deal out justice. Your justice will be my justice. Put the fear of God in him, put him in the hospital, break his legs, whatever you do is just. Your justice will be my justice. If you gotta make him see his maker, so be it. So be it, as he has put a thorn in my side, so shall I be a thorn in his side. An eye for an eye, and a tooth for a tooth. It’s in, that’s in our bible.’ ”

The conversation lasted approximately one hour and took place at the visitors’ center of the Dixon Correctional facility. The visiting room is an entirely open area about 30 by 60 feet with a bricked courtyard. There were guards occasionally passing through the area, and there were several other inmates in the visiting room. Defendant was free to leave the visitors’ center at any time.

On June 1, 1989, Officer Jordan again met with defendant in the courtyard area of the visitors’ room at the Dixon Correctional Center for about one hour. Jordan was dressed similarly to what he wore on May 16, and an eavesdropping device was again used. The following dialogue was recorded:

“RANDALL JORDAN: ‘And uh, you want the guy broke up, or do you want him wasted, eliminated and out of your life.’
JOHN LATONA: T want him in the hospital, just put him in the hospital, so he’s laying in that bed, but if you see, if, if you see your future is extreme then so be it.’
RANDALL JORDAN: ‘Well the thing is, if you want him broke up, we can’t do it, because, and the reason is, is I was assuming that we wouldn’t have no problems, all right.’ ”

The conversation also contained the following:

“RANDALL JORDAN: ‘So basically, you know, if we were to do it, we’d have to hit him, and you know, eliminate him, and that’s it, all right?’
JOHN LATONA: ‘Yea.’
RANDALL JORDAN: ‘Cause if all you want is you want him broke up, I don’t know what to tell you.’
JOHN LATONA: ‘Yea, well ***’
RANDALL JORDAN: ‘But we don’t want to take the chance.’
JOHN LATONA: ‘All right, when they take him out then, I’ll shed a tear.’
RANDALL JORDAN: ‘You still want us to do it?’
JOHN LATONA: ‘Yes.’ ”

Jordan testified that he did nothing to force the defendant to speak with him on either May 16 or June 1 and that defendant was free to end either conversation at any time. At no time did Jordan identify himself as a police officer, nor did he indicate that he would divulge the contents of their conversation to the authorities. Officer Jordan did not give Miranda warnings to defendant at any point during either conversation or during a telephone conversation on June 16, 1989. At no time did he threaten defendant with immediate or future violence.

At the suppression hearing, Jordan stated that he was aware of the possible solicitation charges that might be filed against defendant. One of the purposes of his conversations with defendant was to obtain incriminating statements from him.

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Related

State v. Anderson
117 P.3d 762 (Court of Appeals of Alaska, 2005)
People v. Latona
Illinois Supreme Court, 1998
People v. Latona
644 N.E.2d 424 (Appellate Court of Illinois, 1994)

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Bluebook (online)
579 N.E.2d 394, 218 Ill. App. 3d 1093, 161 Ill. Dec. 846, 1991 Ill. App. LEXIS 1583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-latona-illappct-1991.