People v. Pogue

724 N.E.2d 525, 243 Ill. Dec. 926, 312 Ill. App. 3d 719, 1999 Ill. App. LEXIS 506
CourtAppellate Court of Illinois
DecidedJuly 9, 1999
Docket1 — 97 — 0504
StatusPublished
Cited by26 cases

This text of 724 N.E.2d 525 (People v. Pogue) 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. Pogue, 724 N.E.2d 525, 243 Ill. Dec. 926, 312 Ill. App. 3d 719, 1999 Ill. App. LEXIS 506 (Ill. Ct. App. 1999).

Opinion

PRESIDING JUSTICE HOURIHANE

delivered the opinion of the court:

Following a jury trial, defendant Richard Pogue was convicted of first degree murder and attempted murder and sentenced to concurrent terms of 33 years and 30 years, respectively. Defendant raises several issues on appeal. We deem dispositive his contention that he was denied his right to a fair and impartial jury. Accordingly, we reverse and remand for a new trial.

BACKGROUND

The charges arose from the January 9, 1995, fatal shooting of Maurice Wellborn and the attempted murder of Jevon Bryant.

Prior to trial, defendant moved to suppress his statements to police. At the hearing thereon, Chicago police officer Edgar Neal testified that at 4 p.m. on March 27, 1995, he arrested defendant, then age 16, on an unrelated gun charge. The officer stopped at defendant’s home and spoke with his mother, Phyllis Pogue, who accompanied them to the station. Neal became aware of a murder warrant for defendant and advised the violent crimes detective unit. After processing on the gun charge, defendant was taken to an unidentified youth officer. His mother remained in another area of the station.

Detective Michael Baker testified that at 7 p.m. he took defendant into custody. A half-hour later, he placed defendant in an interview room and advised him of his Miranda rights. Baker’s partners, Detectives Solecki and Siwek, were present. Defendant did not appear to be learning disabled and said that he understood each right. Baker also advised defendant of the allegations against him and that he had been arrested on a murder warrant. Defendant made an initial statement.

A short time later, defendant said he wished to tell the truth. Baker again advised defendant of his Miranda rights. Defendant then gave a statement, admitting his participation in the shooting. Baker did not tell defendant that his mother or a youth officer could be present, and at no time did defendant ask to speak to a lawyer or to his mother.

Baker further testified that defendant’s mother arrived at the station sometime between 9 p.m. and 10:45 p.m. and that attempts to contact her earlier were made by a youth officer. As soon as Baker knew Ms. Pogue was at the station, she was allowed to see her son. Defendant, in the presence of his mother, gave a statement to an assistant State’s Attorney (ASA).

Finally, Baker testified that defendant was not handcuffed and the door to the interview room was not locked. Defendant was offered the use of the bathroom and the water fountain.

Next, Detective Edward Siwek testified that he was in the interview room at 10:45 p.m., along with Ms. Pogue. The ASA advised defendant of his Miranda rights, which defendant said he understood. Defendant then relayed his account of the shooting. Defendant did not ask for an attorney or make any other request, and his mother did not interrupt his statement.

Siwek also testified that Ms. Pogue was brought to the interview room as soon as she arrived and that attempts had been made to contact her earlier. Siwek believed defendant was informed that he could be charged as an adult.

ASA Corey Pollack testified that he arrived at the station at 9 p.m. and met with detectives. He learned that defendant was I6V2 years old and that neither a relative nor a youth officer was present. He did not recall whether he was told that defendant had made inculpatory statements. Pollack waited to see if a relative would arrive and then, at about 10:15 p.m., spoke to defendant.

Pollack found defendant sleeping on a bench in the interview room; he was not handcuffed. He woke up defendant and identified himself. Pollack advised defendant of his Miranda rights and told him he could be charged with murder as an adult. Defendant said he understood each right and agreed to talk to him. Pollack advised defendant that he could have his mother, a relative, or a youth officer present. Defendant said he did not want his mother present because the incident involved gangs and she did not want him “gangbanging.” He further said that he had been locked up before, knew the situation and did not want anyone present. Defendant’s rap sheet indicated five prior police contacts, the most recent involving an aggravated battery about a year prior.

Pollack spoke to defendant for about 15 minutes and then left the interview room. Shortly before 10:30 p.m., after learning that defendant’s mother had arrived, Pollack went to speak to her. He identified himself, told her that defendant was there on a murder warrant, and that defendant did not want her in the room. Ms. Pogue said she knew about the warrant and wanted to see her son. Pollack took her to the interview room and left, returning about 15 minutes later with Siwek. With Ms. Pogue present, Pollack advised defendant of his Miranda rights and that he could be tried as an adult. Defendant again indicated he understood. Defendant repeated his earlier statement. According to Pollack, either defendant or his mother declined to have the statement reduced to writing because they knew people “ ‘that have had things written down and had to sign things and they wound up going to jail.’ ”

Defendant’s mother testified that between 4 and 5 p.m. on March 27, 1995, she went with her son to the station on a gun charge. After she sat with him for two hours, he was taken for handprinting. She waited for several hours and asked the desk officer about her son, who he said was being fingerprinted. At no time was she advised that he was being questioned about a murder. She finally saw her son at about midnight. He was sleepy and hungry. He told her the police had questioned him.

Just before 1 a.m., Ms. Pogue had a conversation with two ASAs, who told her they were charging her son with murder. She left the station at about 1 a.m. for 15 minutes to pick up some food, and then remained at the station until 2 a.m. Defendant was not given Miranda warnings in her presence.

At the time of his arrest, defendant was in the tenth grade and was in a specialized program to improve his reading. It was not, according to Ms. Pogue, a learning disability program.

Following argument, the court denied defendant’s motion to suppress statements.

Because defendant does not challenge the sufficiency of the evidence to convict, we merely summarize the evidence at trial.

On January 9, 1995 at 9:30 p.m., Jevon Bryant (age 18), Kevin Freeman (13), DeAngelo Downs (13) and Maurice Wellborn (15) were joyriding in a borrowed car in the area of 119th and La Salle Streets in Chicago. All four youths were members of the Black Disciples street gang. In the front seat were Bryant, who was driving, and Freeman. Downs and Wellborn were in the backseat.

As they drove on 119th, they saw defendant, whom Freeman and Downs recognized and whom they knew to be a member of a rival gang. Defendant flashed a gang symbol. Purportedly, no one in the car responded. Defendant continued to walk on 119th toward La Salle.

The four youths drove through an alley and exited onto La Salle and there saw defendant again. He was to the right of the vehicle, toward the rear.

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Bluebook (online)
724 N.E.2d 525, 243 Ill. Dec. 926, 312 Ill. App. 3d 719, 1999 Ill. App. LEXIS 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pogue-illappct-1999.