People v. Poliquin

421 N.E.2d 1362, 97 Ill. App. 3d 122, 52 Ill. Dec. 290, 1981 Ill. App. LEXIS 2771
CourtAppellate Court of Illinois
DecidedJune 1, 1981
Docket78-1418
StatusPublished
Cited by16 cases

This text of 421 N.E.2d 1362 (People v. Poliquin) 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. Poliquin, 421 N.E.2d 1362, 97 Ill. App. 3d 122, 52 Ill. Dec. 290, 1981 Ill. App. LEXIS 2771 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE GOLDBERG

delivered the opinion of the court:

After a jury trial, Leon Poliquin (defendant) was found guilty of conspiracy to commit armed robbery and the felony murder of John Stojanov. Defendant was sentenced to 15 to 30 years. He appeals. Frank Rayna, a codefendant, was tried separately and found guilty of attempt armed robbery and murder.

Officer Frank Topfenbaum testified that on March 29, 1974, at 7:32 a.m., he received a call regarding a man shot at the Penguin Laundromat. At the laundromat, he saw defendant and defendant’s wife, Patricia Poliquin, behind a counter. Defendant pointed toward the back and said, ‘He’s there, he’s back there.’ ” The officer testified the office door “appeared to be kicked in” and he saw the decedent on the floor. He stated the “office appeared to be ransacked” and “[t]here were various letters and money bags laying on the floor, and a cash box * *

Officer Topfenbaum also testified defendant told him he had received a phone call from Patricia that decedent was shot. Defendant said he went to the laundromat and kicked the door down to see if decedent was all right. Patricia told him the assailant was a tall white male who announced a robbery. Decedent told her to call the police. The decedent and assailant had an altercation in the back. Patricia hid in the bathroom during the shooting. Topfenbaum found four bullet holes in the door and saw a loaded gun on the floor under the table.

Officer Nicholas Schuler testified he saw the office ransacked and the decedent and the gun on the floor. The decedent had approximately $696 in his wallet.

Officer Schuler testified he interviewed Patricia at 8:30 or 8:35 a.m. Defendant was also present. Patricia told Schuler she had arrived there at 7 a.m. At 7:30 she heard decedent arguing with someone and someone called to her, “Come over here I will blow your brains out.” She saw a white man, about 6 feet tall and 200 pounds, with a gun. The man ordered them toward the back of the store. Decedent opened the office door and turned on the light as instructed by the man. The man stood in the doorway of the office. Then decedent turned around, turned off the lights, and tried to close the door. Patricia heard a shot, hid in the bathroom, heard more shots, and then heard nothing. She called defendant and said decedent was shot. Defendant told her to call the police and he would come over.

Officer Schuler also testified defendant told him he received a call from Patricia at 7:25 a.m. She said decedent had been shot. Defendant went there and told Patricia to call the police. He went to the back and found the office door locked. He kicked in the door. At that time police arrived.

Investigator Edward Adorjan testified that on March 29 he went to the Poliquin residence and had a conversation with them. Then Patricia voluntarily went for a polygraph test at 11th and State. Defendant and Adorjan waited in the lobby. Defendant told the officer, “I know that she is going to fail * * 0 I know that she is going to fail because we know what happened.” Defendant said he would rather tell what happened to Sergeant John DiMaggio.

Sergeant DiMaggio testified that on March 29 he went to the Poliquin home. Defendant and Patricia left with Officer Adorjan so Patricia could take the polygraph tests. DiMaggio did not leave with them. Later he had a conversation with defendant and Patricia. Defendant asked if DiMaggio believed defendant was the murderer. DiMaggio told him he “did believe that he committed the murder.” He read defendant the Miranda warnings.

DiMaggio testified defendant “stated immediately that his nephew Frank Rayna was the one that perpetrated the crime and killed the man in the laundromat.” Defendant said that on March 28 Rayna visited him and showed him a .357 Magnum pistol. Defendant told him Rayna said, “I’m busted, and I need a score. I have to make money.” Rayna stated defendant responded, “I know a place in the area that you could hit, but specifically a laundromat where my wife works and it’s an easy score. An old man who’ll give you the money right away.” Defendant continued that he and Rayna went out together and defendant pointed out the laundromat to Rayna. It was less than a block from defendant’s house.

Rayna slept at the Poliquin residence. Defendant awakened him around 6 a.m. Rayna left, but returned because the door was locked at the laundromat. Rayna and Patricia left a little after that.

The defendant also said that shortly thereafter Rayna returned and left the gun at defendant’s house. Rayna told defendant he was in trouble because he “shot the man and the man was reaching for a gun or something® * ®.” Defendant hid the gun in the bedroom closet. Defendant then went to the laundromat because Patricia had called. Defendant wanted to help decedent and in so doing broke down the door. Defendant also told Patricia to call the police. Rayna also told defendant there was no mention of money preceding the robbery. Defendant was charged seven to ten days after these events. Defendant asked DiMaggio “not to fault his wife for telling lies to the police because he told her to lie to police to protect the nephew * * *.”

DiMaggio testified Patricia also gave him a statement. He said, “Her statement ® * * was in complete agreement with [defendant’s] statement ® * ®.” She said she had told the officers the truth about the murder when she was previously questioned but she omitted to tell them the perpetrator was her nephew and she had given a fictitious description to protect her nephew.

DiMaggio also testified defendant told him the weapon was in his house. DiMaggio went with defendant and another officer to defendant’s house. Defendant gave the police a .357 Magnum pistol and six shell casings. DiMaggio testified defendant allowed two officers to spend the night at his house for the purpose of arresting Rayna if Rayna should return.

Phillip DiMarzio, assistant State’s Attorney, saw defendant and Patricia at 8 p.m. on March 29, 1974. He advised them of their Miranda rights and asked them if they understood these rights. He stated, “Both Mr. Poliquin and his wife indicated that they did wish to answer questions and give up their rights under the Miranda ruling.” Defendant told the attorney the same story he had told DiMaggio. Defendant also stated he told Rayna there was a lot of money in the back of the laundromat. Defendant also said he examined Rayna’s gun and twirled it on his finger. He said when Rayna returned from this first trip to the laundromat, the laundromat had been closed. Defendant told DiMarzio he told Rayna to wait until it opened.

DiMarzio said defendant’s written statement was typed, and defendant signed the statement. He also said he told defendant when he was signing the statement if he wanted to read the statement again to take as much time as he needed. He also “asked him to make any corrections in the statement that he thought should be made, as far as accuracy.” Defendant “made one correction in it * * * a letter or word that had been left out.” At one point defendant said to DiMarzio, “There’s no way that I can be charged in this case, is there?” DiMarzio told him he “could make no promises at all in that regard.”

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Cite This Page — Counsel Stack

Bluebook (online)
421 N.E.2d 1362, 97 Ill. App. 3d 122, 52 Ill. Dec. 290, 1981 Ill. App. LEXIS 2771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-poliquin-illappct-1981.