People v. Morgan

713 N.E.2d 1203, 306 Ill. App. 3d 616, 239 Ill. Dec. 353, 1999 Ill. App. LEXIS 484
Appellate Court of Illinois·Decided June 30, 1999·No. 1-97-2304·Published·Cited by 39 cases

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Defendant, Lyjuan Morgan, was tried before a jury and convicted of first degree murder and sentenced to 40 years’ imprisonment. On appeal, defendant argues that: (1) the trial court abused its discretion in denying defendant’s motion to suppress his confession; (2) the trial court erred in ruling that defendant did not establish a prima facie case of racial discrimination in the State’s exercise of peremptory challenges to excuse two black venirepersons from the jury; (3) the State failed to prove defendant guilty beyond a reasonable doubt; (4) the State committed prosecutorial misconduct when it stated in closing arguments that its witness failed to identify defendant out of fear of gang retaliation; and (5) defendant’s sentence was excessive. For the reasons discussed below, we affirm defendant’s conviction and sentence.

On June 28, 1996, Kenneth Muhammed was murdered at 85th and Bishop Streets. On July 19, 1996, a complaint for preliminary examination was approved by an assistant State’s Attorney and a warrant was issued for defendant’s arrest for the murder.

At the time of the murder, defendant was 16 years old. He lived with his mother and sister in an apartment near 86th and Ashland Avenue. He had dropped out of high school after his freshman year. Defendant had one finding of juvenile delinquency for burglary to an auto and possession of a stolen motor vehicle.

On July 21, 1996, at about 2:10 p.m., defendant was arrested on an unrelated disorderly conduct charge. He was taken to the youth office in the 20th District, where the outstanding murder warrant was discovered. Defendant was then transported to Area Two. Defendant was formally arrested at 5 p.m. on July 21, 1996, and later gave a statement confessing to the murder.

The following facts surrounding the circumstances of defendant’s confession were adduced at defendant’s motion to suppress his statement.

Officer D. Barker testified that on July 21, 1996, at approximately 2:10 p.m, he arrested defendant for disorderly conduct and took him to the 20th District police station for processing. Because defendant was a juvenile, Officer Barker called the Area Three youth division, where defendant was transported and told by a youth officer that he was wanted on a warrant. At that point, defendant was handcuffed to the wall.

Officer Edward Kaup testified that on July 21,1996, he transported defendant from Area Three’s youth office to Area Two. Officer Kaup informed defendant that he was taking him to Area Two because detectives wanted to speak to him. Defendant did not complain that his handcuffs were too tight. Officer Kaup testified that no one threatened defendant with any kind of physical harm. At Area Two, Officer Kaup turned defendant over to Detective James Boylan.

Detective Boylan testified that he took defendant into custody at 5 p.m. on July 21, 1996. He removed defendant’s handcuffs and placed him in an interview room. Defendant did not complain to Detective Boylan that his handcuffs were too tight. Detective Boylan asked defendant for his mother’s name and phone number and attempted to contact his mother. Defendant did not ask to speak with his mother or an attorney. A police report contained the name of defendant’s father, Craig Harding, but defendant did not provide Detective Boylan with any information about his father’s whereabouts. Detective Boylan then attempted to contact several witnesses to the shooting.

By about 8 or 8:30 p.m., Detective Boylan was still unsuccessful at contacting the witnesses and called for an assistant State’s Attorney. Detective Boylan gave defendant hamburgers, french fries, and a Coke. At approximately 9:15 p.m., Assistant State’s Attorney Eric Lifvendahl arrived.

Detective Boylan made further attempts to contact defendant’s mother and finally reached her at 9:50 p.m. Detective Boylan informed Mrs. Morgan that defendant had been arrested for murder and asked her if she wanted to be transported to the police station to be present during defendant’s questioning. Mrs. Morgan replied that she had high blood pressure and could not make the trip. Mrs. Morgan did not ask to speak with defendant. Detective Boylan did not offer defendant an opportunity to make any phone calls, and defendant did not ask to make any phone calls. Detective Boylan gave defendant an opportunity to use the restroom, offered him something to drink, and then again attempted to contact witnesses in order to conduct a lineup. Detective Boylan testified that he had not begun questioning defendant at that time.

Detective Boylan then contacted Area Two youth division, and youth officer Fagan was assigned to defendant’s case. At about 10 p.m., Boylan, Assistant State’s Attorney Lifvendahl and youth officer Fagan entered the interview room where defendant sat handcuffed. Detective Boylan introduced Lifvendahl and youth officer Fagan to defendant. Lifvendahl advised defendant of his Miranda rights and informed him that he was a lawyer working with the police, and not his attorney, and that, due to the nature of the offense, he would be tried as an adult. Detective Boylan testified that no one verbally threatened defendant with any type of harm and that no one pushed or shoved him.

On cross-examination, Detective Boylan admitted that he was aware that the arrest warrant commanded that defendant be brought before a judge.

Assistant State’s Attorney Lifvendahl testified that youth officer Fagan introduced himself as a youth officer and told defendant that he would act as a responsible adult for him. Youth officer Fagan also told defendant that if he had any questions or wanted to know anything before he answered a question, he could ask him. Detective Boylan told defendant that his mother told him she was suffering from high blood pressure and could not come to the station. Defendant stated that he was aware of his mother’s condition.

Assistant State’s Attorney Lifvendahl then advised defendant of his Miranda rights, and defendant stated that he understood those rights. Lifvendahl asked defendant if he wished to answer questions. Defendant agreed to do so. Defendant was then questioned by Detective Boylan and Assistant State’s Attorney Lifvendahl, with youth officer Fagan present, and gave an oral statement admitting to the shooting. This conversation lasted approximately 20 minutes. While waiting for the court reporter to arrive, Lifvendahl spoke to defendant alone and asked how he had been treated by the police. Defendant responded that there was nothing he wanted to tell him. At 11:10 p.m., defendant gave a court-reported statement confessing to the murder, which he later reviewed and signed. Boylan and Fagan were present as Lifvendahl questioned defendant. In the court-reported statement, defendant stated that the police and the assistant State’s Attorney treated him “pretty good,” and that no one made any promises or threats to him in order for him to give his statement. Lifvendahl read each line out loud as defendant sat next to him and read along. Some corrections were made to the statement. Boylan, Fagan, and defendant initialed these corrections and they also signed the bottom of each page.

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People v. Morgan, 713 N.E.2d 1203, 306 Ill. App. 3d 616, 239 Ill. Dec. 353, 1999 Ill. App. LEXIS 484 (Ill. Ct. App. 1999).

713 N.E.2d 1203 (People v. Morgan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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