People v. Sanchez

841 N.E.2d 478, 362 Ill. App. 3d 1093, 299 Ill. Dec. 66, 2005 Ill. App. LEXIS 1253
CourtAppellate Court of Illinois
DecidedDecember 15, 2005
Docket1-03-2311
StatusPublished
Cited by8 cases

This text of 841 N.E.2d 478 (People v. Sanchez) 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. Sanchez, 841 N.E.2d 478, 362 Ill. App. 3d 1093, 299 Ill. Dec. 66, 2005 Ill. App. LEXIS 1253 (Ill. Ct. App. 2005).

Opinion

JUSTICE MURPHY

delivered the opinion of the court:

This case is before this court on defendant-appellant Elva Sanchez’s appeal from a final judgment of conviction in a criminal case. Following a jury trial, defendant was convicted of first-degree murder (720 ILCS 5/9 — 1(a)(3) (West 2004)) and aggravated arson (720 ILCS 5/20 — 1.1 (West 2004)). These two counts were merged and defendant was sentenced to 25 years’ imprisonment.

Defendant now argues that the circuit court erred in denying her motion to quash arrest and suppress evidence, her motion to suppress statements, and her amended motion to suppress statements. First, defendant claims that the police made an illegal arrest without probable cause and that there were no intervening events to break the causal connection between the illegal arrest and her statements. Defendant next claims that she unknowingly and unintelligently made statements to the police confessing her involvement in the crime due to her limited grasp of English and improper translation by the police. Finally, defendant claims that she was not notified of her right to contact the Mexican Consulate under the Vienna Convention on Consular Relations (Vienna Convention on Consular Relations, opened for signature April 24, 1963, art. 36, 21 U.S.T. 77, 596 U.N.T.S. 261 (December 24, 1969, entered into force with respect to the United States)) (Vienna Convention). Defendant argues that each of these claims requires reversal of her conviction and remand of the cause for further proceedings with instructions that her statements to the police be suppressed.

For the reasons that follow, we affirm the decision of the trial court.

BACKGROUND

Defendant, a Mexican national, has been living in the United States since 1974. In late September 1999, defendant became a tenant of owner-occupier Pedro Carrizales at 2029 West 17th Street in Chicago, Illinois, by paying one month’s rent for a room. Defendant occupied the room with her boyfriend Joe Lugo.

On October 21, 1999, Carrizales took defendant’s key and refused to return it to her, demanding she leave his house. At approximately 9:30 p.m. on this day, defendant left the house and flagged down Officers Buehler and Villagrana of the Chicago police department who where on patrol in the neighborhood. The officers stopped their vehicle and spoke with defendant, who appeared very upset and angry about the situation. The officers accompanied defendant to Carrizales’ house.

The officers spoke with Carrizales’ wife. Defendant remained behind at the officers’ request as she was too emotional to accompany them. The officers informed Carrizales’ wife that Pedro had attempted an illegal eviction and defendant would have to be allowed back in the building. Defendant’s key was returned to her and she agreed to leave the home for the evening after gathering some belongings. Buehler and Villagrana left at this time.

Lugo returned to the building and escorted defendant to their friend Danny Machino’s house at 2136 West 21st Street. At approximately 11 p.m., defendant left Machino’s home. After purchasing a “little bottle” of wine at the liquor store, defendant went to her friend Keeka’s house at West 21st Street and South Leavitt Street. Keeka and Tony Word were present and talked with defendant while she consumed her wine. At approximately 1 a.m. on October 22, 1999, defendant left Keeka’s house with Word.

On October 22, 1999, at approximately 3 a.m., a fire started in the rear enclosed porch of Pedro Carrizales’ home. The fire spread through the Carrizales’ home and two buildings immediately east, 2027 and 2025 West 17th Street. Fire Marshall Peter Lamanna of the Chicago fire department was called to the fire. After the fire was extinguished, Lamanna investigated the buildings. Severe damage was caused to all three buildings and Robert Nealy of 2027 West 17th Street was found dead.

Lamanna determined that the fire was incendiary — that human action had started the fire on the rear enclosed porch of the building at 2029 West 17th Street. The Chicago police department began their investigation at this point. Based on reports from Officer Buehler and Villagrana of the altercation on the night of October 21, 1999, defendant became the prime suspect.

At approximately 11 p.m. on October 24, 1999, defendant agreed to go to bomb and arson headquarters for questioning by four Chicago police department detectives. On October 25, 1999, defendant confessed to Assistant State’s Attorney Matthew Walsh that she started the fire. Officer Robert Alanis served as translator for all translated discussions on October 24 and 25, 1999.

Defendant’s arrest on charges of murder and aggravated arson was then processed by the Chicago police department. On November 15, 1999, the grand jury indicted defendant and John Tony Word on 24 separate counts. As to defendant, the State nol-prossed all but one count of first-degree murder (720 ILCS 5/9 — 1(a)(3) (West 2004)) and one count of aggravated arson (720 ILCS 5/20 — 1.1 (West 2004)) and the case was set for trial.

Defendant’s Pretrial Motions

Prior to trial, defendant filed a motion to quash arrest and suppress evidence, a motion to suppress statements and an amended motion to suppress statements. Defendant claimed the police did not have probable cause to arrest her for arson and first-degree murder. Defendant claimed that evidence and her statements should be suppressed as the result of this illegal arrest, that she did not knowingly waive her rights because she did not understand the police, and that she was not notified of her right to contact the Mexican Consulate pursuant to the Vienna Convention.

At the pretrial hearing on defendant’s motions, the State presented four witnesses. First, Detective Howley, a polygraph examiner with the Chicago police department, testified that he interrogated defendant at approximately 10:40 a.m. on October 25, 1999. Howley stated that Alanis read defendant her Miranda rights upon his request from a preprinted card containing the Spanish translation. Defendant was then given this card, appeared to read it, and signed the card stating she understood her rights. Howley testified that defendant did not appear confused, distressed or uncomfortable at any time during this time.

Detective Gregory Swiderek was assigned to investigate the fire and death. Swiderek was informed by the bomb and arson detectives that someone had intentionally set the fire. On October 23, 1999, Swiderek interviewed Carrizales. Carrizales told him that he had asked defendant and Lugo to leave because they drank too much and gave out copies of their key to others. On October 21, 1999, following Carrizales’ taking of defendant’s key and a heated argument, the police came and had defendant’s key returned. As defendant was leaving the house that night she yelled at Carrizales “you will see what’s going to happen to you.”

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Bluebook (online)
841 N.E.2d 478, 362 Ill. App. 3d 1093, 299 Ill. Dec. 66, 2005 Ill. App. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanchez-illappct-2005.