People v. Phillips

589 N.E.2d 1107, 226 Ill. App. 3d 878, 168 Ill. Dec. 707, 1992 Ill. App. LEXIS 447
Appellate Court of Illinois·Decided March 27, 1992·No. 2-90-0479·Published·Cited by 13 cases

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

The defendant in the instant case, Roosevelt Phillips, along with Jeff Musgrove and Danny Graham, was charged by indictment with first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)), conspiracy to commit armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 8—2) and attempted armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 8—4(a)). Following a jury trial in the circuit court of Lake County, defendant was found guilty of the above offenses and sentenced to a term of 70 years’ imprisonment. On appeal defendant contends that: (1) the trial court’s denial of his motion to suppress certain statements to police was against the manifest weight of the evidence because (a) defendant did not knowingly and intelligently waive his Miranda rights, (b) the trial court improperly focused on whether defendant’s statements were voluntary rather than whether the waiver of his rights was knowing and intelligent, and (c) the trial court mistakenly believed that defendant was not constitutionally entitled to a hearing on his motion to suppress since he denied making the statements; and (2) the trial court’s imposition of sentence was an abuse of discretion. We affirm.

As defendant does not challenge the sufficiency of the evidence to prove his guilt beyond a reasonable doubt, we review only those facts necessary to our resolution of the specific issues presented on appeal. The record reveals that the victim, Stanley Hamilton, was shot and killed during a robbery attempt in the early morning hours of August 24, 1988, while he was working at a Sears surplus outlet store. Prior to trial, defendant moved to suppress his incriminating statements to authorities regarding his involvement in the incident. The evidence presented at the motion to suppress hearing is discussed below.

Following his arrest on August 27, 1988, defendant was placed in an interview room at the Waukegan police department, whereupon he was interviewed by Officers Fernando Shipley and Phillip Stevenson. Officer Shipley advised defendant of his constitutional rights under Miranda v. Arizona (1966), 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602. Shipley read defendant each Miranda warning separately and asked him if he understood each warning. Defendant responded that he understood after each sentence what was read to him regarding his rights. From the same preprinted form, Shipley also read to defendant an acknowledgement of waiver of rights. Defendant stated that he understood the waiver. Shipley then gave the form to defendant to read. Defendant “appeared to read” the form and then placed his signature at the bottom of the form. According to Shipley, defendant did not say or do anything to indicate that he did not understand his rights.

After initially denying any involvement in Hamilton’s death, defendant stated that he went to the Sears store with Jeff Musgrove and Danny Graham, but only to act as a lookout while Musgrove and Graham robbed Hamilton. Shipley and Stevenson compared this account of this incident with a statement given by Graham and determined that defendant’s version was not feasible. The officers then returned to the interview room, showed defendant some photographs of the victim and reviewed defendant’s prior statement. At that point, defendant admitted that he was the person who shot Hamilton.

Officer Stevenson reduced defendant’s statement to writing, prepared a two-page typewritten statement of defendant’s account and made copies of the typed document. Stevenson read the statement to defendant and asked him to make whatever corrections he thought were necessary. Defendant was given a copy of the statement and was allowed to read along with Stevenson. Defendant had the officers make two changes. The first change added the word “ruthless” to the statement. The second change added the words, “I wasn’t supposed to shoot the guy, but he came out with a gun so he would have shot me. I didn’t shoot him first.” After Stevenson made the appropriate corrections, defendant placed his signature at the bottom of both pages of the two-page statement and initialed both corrections.

According to the officers, defendant never indicated that he wanted to remain silent or that he wanted an attorney. Defendant was not struck or threatened with physical violence. Defendant was not agitated when the statement was read and never interrupted to say he did not commit the offense.

Dr. George Baroff, a psychologist, testified for defendant at the suppression hearing. Dr. Baroff administered several tests to and evaluated defendant. Among the tests Dr. Baroff administered was the Vineland Adaptive Behavior Scale, which focused on defendant’s adaptive behavior relative to his ability to function in daily living, language skills and interpersonal relationships. Dr. Baroff concluded that defendant fell within the moderately retarded range on the Vineland scale.

Dr. Baroff also gave defendant the Stanford-Binet test to determine his general intelligence. Dr. Baroff determined that defendant was functioning at a mental age of nine years two months, and that the corresponding intelligence quotient (IQ) for that mental age, given the defendant’s chronological age of 18, was 56.

The third test Dr. Baroff administered was the Wide Range Achievement Test, to determine defendant’s reading ability. Defendant was found to function at a second-grade level.

Regarding the understanding of Miranda warnings, Dr. Baroff noted that the mere presence of mental retardation did not necessarily preclude an understanding of the warnings. Dr. Baroff determined that the material contained in the Miranda warnings was at a seventh-grade level of reading difficulty and that the corresponding chronological age for comprehension was a child between the ages of 12 and 13. Dr. Baroff also stated that he would not expect a nine-year-old to be able to understand Miranda warnings without careful explanation.

Dr. Baroff reviewed the Miranda warnings with defendant several times. He first determined that defendant could not read the Miranda warnings himself. He next evaluated defendant’s understanding of each Miranda warning. After reviewing each warning, Dr. Baroff went through another version of Miranda warnings which had been developed by Professor Grisso at Washington University in St. Louis.

Dr. Baroff first tested defendant’s comprehension as to the traditional Miranda warnings. According to Baroff, defendant interpreted the phrase “you have the right to remain silent” as “don’t make any noise.” Defendant interpreted the second phrase, “anything you say can and will be used against you in a court of law,” to mean “you’re held in a court of law for your hearing, bond reduction.” The third warning, “you have the right to consult with a lawyer before you answer any questions or make any statements and to have him present during questioning,” was first interpreted to mean “you can talk to your lawyer.” After further questioning regarding this warning, defendant asked, “what the hell is consult.” Defendant interpreted the last warning, “if you cannot afford a lawyer, one will be appointed for you before questioning or at any time during questioning if you so desire,” to mean “they going to give you a person, a person, to help you go over the questions.”

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People v. Phillips, 589 N.E.2d 1107, 226 Ill. App. 3d 878, 168 Ill. Dec. 707, 1992 Ill. App. LEXIS 447 (Ill. Ct. App. 1992).

589 N.E.2d 1107 (People v. Phillips) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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