People v. Rogers

614 N.E.2d 1334, 246 Ill. App. 3d 105, 185 Ill. Dec. 649, 1993 Ill. App. LEXIS 863
CourtAppellate Court of Illinois
DecidedJune 9, 1993
Docket2-91-0316
StatusPublished
Cited by4 cases

This text of 614 N.E.2d 1334 (People v. Rogers) 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. Rogers, 614 N.E.2d 1334, 246 Ill. App. 3d 105, 185 Ill. Dec. 649, 1993 Ill. App. LEXIS 863 (Ill. Ct. App. 1993).

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

The State appeals the order of the trial court suppressing the statements of defendant, Brian Rogers. He was indicted for the aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12— 14(b)(1)) of his stepdaughter, A.Z., six years prior to the indictment. The issues on appeal are whether defendant’s statements were involuntary because the interrogation was custodial; whether he was denied the right to counsel during the interrogation; and whether his confession was otherwise involuntary because he was suffering from anxiety and depression. We affirm.

Prior to defendant’s arrest, he went to the Belvidere police department and made a confession. During the criminal proceedings, defendant moved to suppress this confession. He alleged that he was not informed of his rights, that the confession was secured in violation of his constitutional rights, and that his confession was involuntary.

Detective Joe Gough of the Belvidere police department testified that at 7 p.m. on April 19, 1990, defendant came to the public safety building to make a statement. When Gough had called defendant and his wife earlier that evening, Gough knew A.Z. was in protective custody. Gough told defendant’s wife that her son was going to be investigated by the Department of Children and Family Services (DCFS). Gough was not sure if he told her defendant was going to be arrested. The record shows contradictory testimony on the part of Gough as to whom he actually related this information. In his testimony before the grand jury, Gough testified that he “got in contact with Brian Rogers at his residence,” whereas in his police report and testimony at the suppression hearing, eight months later, Gough testified that he spoke with Mr. Rogers’ wife.

When defendant arrived at the station by himself, Gough led him to the detective’s office and read him the Miranda rights. Defendant signed a form that he understood the rights, but he still wanted to talk to the police. He placed his initials next to each statement of a right. Defendant sat in a chair to the right side of the desk. According to Gough, before he could get a note pad, defendant started talking about what happened between him and A.Z. and his other stepdaughter, K.Z. Gough took notes in longhand, and defendant later initialed the pages. Defendant was talking very fast, but Gough wrote what he could. Gough had to tell defendant to pause so that Gough could write everything down. At one point, defendant corrected what Gough wrote. Defendant wrote the final paragraph in his own hand and signed the whole statement.

The interview lasted 11/2 to 2 hours. Defendant did not ask for any food or drink or ask to leave. Gough thought defendant was upset. He had tears in his eyes but was not crying. He had occasional minor mood swings. Gough testified he did not threaten to take defendant’s children or send him to jail if he did not make a statement. After he signed the statement, defendant went home. The room was in a secure area of the police station to which only officers had access. During the interrogation, Deputy Chief Bowley was in and out of the room several times.

Gough denied defendant requested an attorney but did admit that he told defendant that whether an attorney would be appointed was to be decided by the court. Gough told him that an attorney would be provided only after an appearance in court and not at the police station during questioning. Gough denied that he stated that everything would be easier for defendant if he confessed. Gough denied telling him that if he made a statement DCFS was unlikely to take his son away because a confession would make defendant appear sincere.

Gough testified defendant made several changes in direction during the course of the conversation. Some of his sentences were incomplete and disjointed. Defendant was concerned about his son. The written statement makes a specific reference to the fact that defendant had not touched his son.

Defendant testified that Gough informed him that he had a right to an attorney. Defendant asked for one, but Gough told him that he was not sure if defendant would be arrested and that only if he were arrested and appeared in court would an attorney be appointed. According to defendant, Gough also told him that he was better off without an attorney because attorneys think they are good if a client gets only six years’ imprisonment. Defendant testified that he then told Gough that he did not want to make a statement but Gough continued to interrogate him. Defendant asked for the attorney after signing the Miranda form.

Defendant testified he was very confused throughout the interrogation. Gough told him that if he made a confession and stated that he had not abused his son then DCFS would not take the son away. Defendant felt much stress. He did not remember reading the Miranda form as the words on the page seemed extremely small and seemed to move around the page. He did not remember signing the statement. During the questioning, Gough coached him by reciting excerpts from the other reports written against defendant. During the interrogation, defendant felt like he was going to die. After Gough refused the request for an attorney, defendant continued to talk because Gough told him to talk. Defendant knew to ask for an attorney because he saw actors on television dramas ask for counsel, but he did not know what to do when the request was denied because he was not aware of any actor’s request being refused; he did not know he should stop talking. Defendant had been treated for anxiety attacks in the years before his arrest. After the interrogation, defendant’s doctor referred him to a psychiatrist.

Defendant also called Dr. Anthony B. D’Souza to testify. He was a psychiatrist who had been treating defendant for eight months. He was treating defendant for anxiety and depression and had prescribed Desyrel and Xanax. In D’Souza’s opinion, defendant did not relate well to stress, and this condition affected his ability to understand his legal rights. D’Souza believed defendant had exhibited symptoms of stress by his tearing and crying, using disjointed sentences, and changing subjects. An overwhelming concern for his son would trigger an anxiety episode. D’Souza thought that such anxiety would affect his ability to waive his legal rights for fear of losing his son or going to jail. Defendant probably had not been able to affirmatively assert his rights, and a strong authority figure would probably have been able to lead him to give a statement. Defendant’s mental condition affected his ability to voluntarily and intelligently waive his rights.

D’Souza admitted that a person is not mentally ill merely because he has tears, makes disjointed sentences, and rambles. When the doctor first met defendant, he had been arrested, and that could cause stress, too. D’Souza was aware that defendant had much to gain from a ruling that his waiver of rights was involuntary, but the doctor persisted in his opinion. The doctor acknowledged that he was determining someone’s mental state at an occasion when the doctor had not observed him, and the doctor admitted that he might have been fooled by other patients. However, based on his observations and other records, the doctor opined that defendant had not waived his rights voluntarily and intelligently. His opinion was also based on information supplied by defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 1334, 246 Ill. App. 3d 105, 185 Ill. Dec. 649, 1993 Ill. App. LEXIS 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-illappct-1993.