People v. Salgado

920 N.E.2d 1194, 396 Ill. App. 3d 856, 336 Ill. Dec. 604, 2009 Ill. App. LEXIS 1253
Appellate Court of Illinois·Decided December 17, 2009·No. 1-08-2832·Published·Cited by 9 cases

Opinion

JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

We are asked to decide whether incriminating statements made by defendant following an illegal arrest are sufficiently attenuated from the illegality of the arrest to render the statements admissible. Following a bench trial, Paul Salgado was convicted of the first degree murder of Julio Rodarte. He was sentenced to 30 years’ imprisonment for first degree murder with a 25-year enhancement for causing death with the use of a firearm. Defendant appealed. People v. Salgado, No. 1 — 03— 1753 (2006) (unpublished order under Supreme Court Rule 23) (Salgado I). We vacated the convictions and sentences on appeal after finding that the police lacked probable cause to arrest defendant. Salgado I, slip op. at 52. We remanded the case to the trial court to hold an attenuation hearing. Salgado I, slip op. at 52. On remand, the trial court held defendant’s incriminating statements made after arrest were admissible despite the illegal arrest and reinstated defendant’s conviction and sentences.

The facts related to the instant case are contained in Salgado I and will be repeated as necessary to resolve defendant’s arguments in this appeal. Defendant, the victim Julio Rodarte, and Francisco Navarro were members of the Two-Six street gang. While driving around on January 28, 2000, sharing drugs and alcohol, defendant told Navarro, the driver, to pull into an alley. Defendant got out of the car, told Rodarte to get out of the car, and proceeded to shoot Rodarte several times. Defendant then got back into Navarro’s car and told him to drive. Defendant told Navarro that if anyone asked about what happened, Navarro should say that they dropped Rodarte off before he was shot.

On February 3, 2000, between 9 p.m. and 10 p.m., defendant was brought to the police station. Defendant confessed a total of three times. On February 5, 2000, defendant confessed to Detectives Zalatoris and Lewis around 9 a.m., to Detective Lewis and Assistant State’s Attorney Dan Tiernan around 5 p.m., and on videotape around 8 p.m. At issue is whether defendant’s inculpatory statements, including the videotaped confession, were properly admitted at trial. Specifically, in remanding this case to the circuit court for an attenuation hearing, we directed the court to determine whether defendant’s confession was sufficiently attenuated from his illegal arrest to render it admissible. Salgado I, slip op. at 52. During the attenuation hearing conducted by the circuit court the following facts were developed.

Detective John Zalatoris testified that, on January 29, 2000, he responded to the scene of Julio Rodarte’s murder. Physical evidence suggested that Rodarte had been shot with a revolver because no shell casings were recovered. Rodarte’s sister told Zalatoris that Alexander Garza might be involved in the murder. Zalatoris spoke to Garza, who told Zalatoris that he saw Rodarte with Paul Salgado and Francisco Navarro around 10:30 p.m. on the evening of Rodarte’s murder. Garza also disclosed that the Two-Six street gang to which he, Rodarte, Salgado and Navarro belonged used several guns, including a black revolver.

Detective Zalatoris went to Navarro’s home between 9 and 9:30 p.m. on February 3, 2000. Zalatoris did not have an arrest warrant for Navarro, and Navarro was not handcuffed when he went to the Area One police station. Detective Zalatoris then went to defendant’s home and defendant went with him to the police station.

Zalatoris spoke to Navarro at the police station in an interview room after advising him of his Miranda rights. Navarro indicated he understood his rights and waived them, but did not sign a written waiver. Zalatoris did not tell Navarro he was free to leave and Navarro did not ask to leave. Navarro testified that he asked for a lawyer, but Zalatoris testified that Navarro never made such a request. Initially, Navarro told the police he did not know who killed Rodarte. But, then Navarro indicated that he feared for his and his family’s safety if he told the police what he knew. At approximately 2 a.m. on February 4, 2000, Navarro told the police that he saw defendant shoot Rodarte.

Shortly after arriving at the police station on February 3, 2000, Detective Zalatoris interviewed defendant after informing him of his Miranda rights. Defendant denied any involvement in the murder. Despite this exculpatory statement, defendant remained in the interview room. At midnight, Zalatoris went home, and he returned to work around 8:30 a.m. Upon returning to work, Zalatoris was informed by another detective that at 2 a.m., Navarro told the police that he saw defendant shoot Rodarte. At 9 a.m. on February 4, 2000, Zalatoris officially arrested Salgado for the murder of Rodarte.

Between 9 a.m. and 10 a.m. on February 4, 2000, defendant’s attorney arrived at the police station and spoke with defendant. Defendant told his attorney that he had not made any statements and had not been placed in a lineup. Defendant’s attorney told defendant that he was charged with first degree murder based upon a statement given by Navarro. His attorney told Zalatoris that defendant did not want to talk to the police, left his business card and left the police station. Zalatoris continued his investigation and completed his February 4 shift without speaking to defendant again. Defendant remained in the interview room.

On February 5, 2000, around 9 a.m., Zalatoris checked on defendant. Defendant asked Zalatoris if he could speak with him. Zalatoris reminded defendant that he had a lawyer and did not have to speak with him. Defendant told Zalatoris that he wanted to tell him about “what went down.” Zalatoris informed defendant of his Miranda rights and reiterated that he could have his attorney present. Detective Lewis was also present and testified that he heard Zalatoris give defendant his Miranda rights. Defendant then confessed to Rodarte’s murder and later showed Zalatoris where he discarded the murder weapon. Defendant thanked Zalatoris for “being [a] friend.” At approximately 7:55 p.m. on February 5, 2000, defendant signed a waiver giving up his rights to an attorney and gave a videotaped confession to the murder of Julio Rodarte in the presence of the detectives and an assistant State’s Attorney.

After conducting the attenuation hearing, the circuit court found that defendant’s statements were sufficiently attenuated from his illegal arrest rendering them admissible under the totality of the circumstances. The court found that Navarro was not in custody, was always treated as a witness and was not under arrest. The court concluded that Navarro’s statement given at approximately 2 a.m. on February 4, 2000, provided probable cause to arrest defendant and thereby served as an attenuating factor. The court reinstated defendant’s conviction and sentence.

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People v. Salgado, 920 N.E.2d 1194, 396 Ill. App. 3d 856, 336 Ill. Dec. 604, 2009 Ill. App. LEXIS 1253 (Ill. Ct. App. 2009).

920 N.E.2d 1194 (People v. Salgado) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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