People v. R.B.

597 N.E.2d 879, 232 Ill. App. 3d 583, 173 Ill. Dec. 905, 1992 Ill. App. LEXIS 1223
Appellate Court of Illinois·Decided July 31, 1992·No. 1-90-0573·Published·Cited by 36 cases

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a bench trial, 15-year-old defendant R.B. was convicted of aggravated battery and armed violence (Ill. Rev. Stat. 1989, ch. 38, pars. 12 — 4, 33A — 2), adjudicated a delinquent and sentenced to a four-year probation term pursuant to the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1989, ch. 37, par. 801 — 1 et seq.). On appeal, defendant raises the following issues: (1) whether an illegal seizure occurred prior to his formal arrest; (2) whether defendant’s statement was involuntary; (3) whether the youth officer was a material witness who should have been produced or whose absence should have been explained; and (4) whether defendant was proved guilty beyond a reasonable doubt. Codefendants, defendant’s brother Camerino, Bassem Abdallah, Miguel Hernandez, Tony Hernandez and Rudy Hernandez, were tried separately and are not involved in this appeal. (This court affirmed the conviction of codefendant Bassem Abdallah by Rule 23 order No. 1 — 90—0792.)

Prior to trial, defendant moved to quash arrest and suppress evidence. At the suppression hearing, the State presented the testimony of the following witnesses: Officers Robert Schaefer, John Bloore, Steven Casto, Richard Vallandigham, William Drish and Assistant State’s Attorney Michelle Katz. Their testimony established as follows.

On February 25, 1989, at about 11 a.m., while investigating the homicide of Gonzolo Hernandez and battery of Jose Arellano, Officers Schaefer, Bloore and Casto went to defendant’s home in Chicago. The police had been to the home one week before to question defendant’s brother Camerino about the attack. Defendant answered the door and admitted the officers. The officers informed defendant that they were investigating the same case and asked defendant if he would accompany them to the Area 1 police station. Schaefer testified that defendant agreed and that Schaefer escorted him to the back of the apartment to get a jacket. The officers asked whether defendant’s parents were home and were told that they were not. When the officers told defendant’s sister, Olga, that she could come to the station, she responded that she could not leave because she was caring for an infant sibling. Bloore told Olga that defendant was going to the station with them and gave her his business card. The officers escorted defendant outside to the police car, where they questioned him for 15 to 30 minutes about the homicide. Defendant denied any knowledge. The officers drove defendant to Area 1 police station for questioning, picking up codefendant Miguel Hernandez on the way. When they arrived at Area 1 between 1 and 1:30 p.m., the officers took defendant to a small room and began questioning him again about the murder. Schaefer gave defendant a soda and asked whether he was hungry, to which defendant responded negatively. Schaefer then spoke with defendant for 90 minutes about the murder and told him that the police had information that defendant may have been present. At about 2:15 p.m. defendant admitted his presence at the murder, but denied that he shot the deceased. After defendant made this statement, the officers transported him to the Area 3 police station, where the homicide case was assigned, and placed defendant in an interview room. The officers testified that they did not read defendant his rights, nor contact his family or a youth officer before they moved him to Area 3. Bloore, Casto and Schaefer each testified that they did not physically or psychologically coerce defendant, or witness any other officer doing so.

Upon defendant’s arrival at Area 3 between 3 and 3:30 p.m., Val-landigham read defendant his rights, then he and Schaefer questioned defendant further. Vallandigham testified that they still considered defendant a witness, not a suspect. Throughout this questioning, the officers did not handcuff or arrest defendant, and he was free to go, although they did not communicate this to him. Between 3:15 and 3:30 p.m. defendant admitted that he participated in the attack which resulted in the deceased’s death. The police informed defendant that he was under arrest and handcuffed him to the wall, and Vallan-digham left to get defendant a soda. When Vallandigham saw defendant’s 16-year-old brother, Camerino, who had come to the station to look for defendant, Vallandigham took Camerino to the third floor for questioning and subsequently arrested him in connection with this offense. At 3:30 p.m., Officer Bloore telephoned defendant’s home and told Olga that they had moved defendant from the Area 1 to the Area 3 police station. The parents were not at home at this time. Vallan-digham contacted youth officer Patricia Kos between 4:30 and 5 p.m. Detectives Drish and Conley questioned defendant for 15 to 20 minutes at about 6 p.m. in the presence of youth officer Kos. Assistant State’s Attorney Michelle Katz interviewed defendant for 20 to 30 minutes at about 9:30 p.m. in the presence of Drish, Kos, and Assistant State’s Attorney Laura Lambur after she informed defendant of his rights and told him that he could be tried as an adult. When she spoke with defendant again at about 11 p.m., defendant indicated that he would give a court-reported statement. Katz testified that she also asked defendant whether he wanted to use the bathroom, or whether he was hungry or thirsty, to which defendant responded in the negative. Defendant gave his written statement at about 12:30 a.m. on February 26, 1989, in the presence of Katz, Lambur, Drish and Kos. At about 2 a.m., defendant read the statement, made several corrections, then signed it.

Defendant testified at the hearing and presented the testimony of his mother, father, sister, brother and Miguel Hernandez.

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People v. R.B., 597 N.E.2d 879, 232 Ill. App. 3d 583, 173 Ill. Dec. 905, 1992 Ill. App. LEXIS 1223 (Ill. Ct. App. 1992).

597 N.E.2d 879 (People v. R.B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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