People v. Poole

584 N.E.2d 368, 222 Ill. App. 3d 689, 165 Ill. Dec. 189, 1991 Ill. App. LEXIS 1994
CourtAppellate Court of Illinois
DecidedDecember 2, 1991
Docket1-89-3253
StatusPublished
Cited by4 cases

This text of 584 N.E.2d 368 (People v. Poole) 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. Poole, 584 N.E.2d 368, 222 Ill. App. 3d 689, 165 Ill. Dec. 189, 1991 Ill. App. LEXIS 1994 (Ill. Ct. App. 1991).

Opinion

JUSTICE LaPORTA

delivered the opinion of the court:

Defendant Tyrell Poole was convicted of attempted armed robbery after he tried to rob a neighbor at knifepoint. An off-duty sheriff’s deputy heard the neighbor’s screams and shot defendant twice as he attempted to flee. Defendant was sentenced to 10 years in prison.

On appeal, defendant alleges four errors by the trial court: (1) the court erred as a matter of law by denying defendant’s motion to suppress his confession despite the State’s failure to produce a material witness at defendant’s suppression hearing; (2) the court erred in determining defendant’s confession was voluntary based on the evidence; (3) the court abused its discretion by precluding defendant from discussing in his opening statement racial slurs made by the alleged victim; and (4) the court erred as a matter of law in denying defendant’s motion for a new trial because the jury’s verdict was contrary to the manifest weight of the evidence.

Testimony at trial revealed that defendant approached the victim, Simone Byvotes, as she was about to enter the front door of her home, and attempted to rob her at knifepoint on May 20, 1988. The robbery was foiled when an off-duty sheriff’s deputy, who was a neighbor of Byvotes, heard her screams and came to her aid, shooting the defendant in the left buttock and lower left leg as he fled.

Defendant was arrested at the scene and indicted June 20, 1988, in a three-count indictment charging him with armed robbery, aggravated battery and unlawful use of a firearm by a felon. Defendant pled not guilty to all counts. The aggravated battery and unlawful use of a firearm by a felon charges were dismissed by the court before trial.

On February 16, 1989, defendant moved to suppress any statements made by him at the time of his arrest, at or about 11:45 p.m. on May 20, 1988, or later. He alleged that any statements, including an alleged voluntary statement he signed at 2:18 a.m. on May 21, were the product of coercion brought on by his intense pain and Officer Michael Auld’s promise that if he signed the statement Auld would help obtain some pain medication for him. The trial court heard testimony from the defendant, from the paramedic on the scene who allegedly witnessed defendant’s oral statement on which the written statement was based, and from a Dolton police sergeant who had defendant sign a 'Miranda waiver.

At the suppression hearing, defendant testified that he never made a statement in the ambulance and was never given Miranda warnings. He testified that he asked Auld what he was being charged with and Auld told him attempted rape. Defendant testified that once he was in the hospital, while in a room with Auld, he asked Auld for pain medication because “my leg was killing me.” Defendant testified that Auld told him “if I signed this statement, the paperwork and stuff, and got that out of the way, he would make sure that I got some medication.” He testified that Auld assured him he would get pain medication and so he signed the statement at about 2:18 a.m. without reading it. He testified that Auld never read the statement out loud to him and that no one ever read out loud a Miranda waiver form.

On cross-examination, defendant testified that the paramedic kept giving him smelling salts to wake him up while he was being transported to the hospital. He testified that he asked for pain medication while in the ambulance but that the paramedic told him that he would get some at the hospital. Defendant testified that he asked several hospital personnel for medication but no one would give him any. Defendant testified that at one point while he was in a hospital room, Auld left the room and then returned a moment later and told him “he’d be able to get my pain medication for my leg and stuff as soon as I signed these statements.” He then indicated that “these statements” included the confession and a Miranda waiver.

Paramedic Doepp, also a Palos Park police officer, testified that defendant was conscious and “his level of response seemed to be orientated to person, place and time” at the scene. He testified that he never heard Officer Auld say anything to defendant that he would consider coercive and he never heard Auld promise defendant any type of medication in exchange for a statement.

Doepp testified that “standard operating procedure” prevents him from delivering medication to a gunshot victim. Doepp testified that he heard Auld give defendant his Miranda warning and that defendant said he understood his rights. Doepp testified that Auld asked defendant if he wanted to make a statement and defendant agreed and then did so. Doepp testified that defendant made the statement to Auld before they arrived at the hospital at 12:36 a.m. Though Doepp had no independent recollection of defendant’s oral statement, he viewed defendant’s written statement and then testified that it accurately depicted the oral statement he heard defendant make to Auld.

On cross-examination, Doepp testified that he remembered defendant making a statement and Auld taking notes but he did not remember whether Auld read the Miranda rights to defendant or spoke them from memory. He testified that defendant was in pain and asked for pain medication. Doepp said he did not recall defendant telling him he was weak and felt faint. Doepp testified that he had no recall of giving defendant smelling salts. Doepp explained that you do not give medication for pain relief to an individual with a recent gunshot wound because of the need to monitor vital signs.

Doepp testified on redirect examination that defendant was conscious, his pupils were responsive, his skin color and temperature were normal. Doepp testified that the defendant told him “he was going to kick my ass when he got better.” He testified that the defendant also told him he had not tried to rape the victim. Doepp denied withholding medication on his own or at Auld’s direction to induce defendant to make a statement. On re-cross-examination, Doepp admitted that he never saw the defendant sign a statement.

Sergeant William Wragg testified that he arrived at the hospital at 2 a.m. and gave defendant a constitutional rights form which defendant read and then signed. Wragg testified that the defendant made no statement to him that would indicate medication was being withheld by anyone or that he was being coerced. Wragg testified that he instructed Auld to put the time and date on the statement. He testified that he was not present when defendant signed the statement or when Auld allegedly read back the written statement to defendant. He conceded that to the best of his knowledge, the Miranda waiver was signed after defendant made his oral statement to Auld in the ambulance.

The trial court then denied defendant’s motion to suppress the written statement. The court found that the oral statement defendant gave in the ambulance came after Miranda warnings were issued and that defendant later signed the Miranda form and the statement at the hospital. He found no evidence of coercive government action in the ambulance and said none could have taken place in the hospital.

The trial judge stated: “The contention is that a promise is made at two eighteen a.m. for pain medication.

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Related

People v. Chatmon
604 N.E.2d 399 (Appellate Court of Illinois, 1992)
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606 N.E.2d 455 (Appellate Court of Illinois, 1992)
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596 N.E.2d 205 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 368, 222 Ill. App. 3d 689, 165 Ill. Dec. 189, 1991 Ill. App. LEXIS 1994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-poole-illappct-1991.