People v. Scott

852 N.E.2d 531, 366 Ill. App. 3d 638, 304 Ill. Dec. 281, 2006 Ill. App. LEXIS 559
Appellate Court of Illinois·Decided June 30, 2006·No. 1-04-2019·Published·Cited by 7 cases

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Defendant Larry Scott appeals from his convictions for first degree murder and armed robbery and his sentencing to two consecutive terms of 30 years and 7 years, respectively. For the reasons that follow, we reverse and remand for a new trial.

Prior to trial, defendant filed a motion to quash his arrest on murder and armed robbery charges and suppress statements he had made to police. On October 2, 2000, defendant was arrested for retail theft and detained at the Chicago Ridge police station. He was later released on bond, and as he was leaving the station, two homicide detectives placed him in custody and transported him to Area Two police headquarters. Defendant stated that the detectives never showed him an arrest warrant and detained him for several hours at police headquarters, where he made statements to officers regarding the murder of Jesus Villalobos.

Detective Steve Brownfield testified that he had been assigned to investigate Villalobos’ murder in August 2000 and that a police informant had implicated defendant in the crime. Brownfield showed a photograph of defendant to one of Villalobos’ neighbors, who stated that defendant had been in the area near Villalobos’ home the week of his murder. On that basis, Brownfield issued a stop order on defendant. Brownfield never spoke directly with the informant or the officer who had received the tip that defendant was involved in the murder.

Sergeant Edward Nicol testified that on August 14, 2000, an informant that he had known for three years contacted him and informed him that defendant had murdered Villalobos. Nicol had received tips from the informant on several prior occasions while investigating narcotics activity, the information he received was always very detailed, and he had executed between 15 and 20 arrests based on his communications with the informant. Nicol stated that the knowledge he acquired through the informant was always reliable and that he had never paid the informant or coerced information from him.

The circuit court granted defendant’s motion on the basis of a lack of probable cause, stating that a prudent officer provided with the informant’s statement would not have believed that defendant committed the murder.

The State then filed a motion for attenuation. At the hearing, Detective John Fassl testified that he and his partner, Detective A1 Almazan, arrested defendant at the Chicago Ridge police station on the night of October 2, 2000, and drove him to Area Two, where Fassl placed defendant in an interview room. Fassl read defendant his Miranda rights and questioned him as to the murder of Villalobos. Defendant related that he knew Villalobos but denied any involvement in his murder.

The following morning, Fassl again read defendant his rights and spoke with him about the murder. Defendant denied any involvement, but submitted to a buccal swab and a polygraph examination. Fassl spoke with defendant on two subsequent occasions that day, each time reminding him of his Miranda rights, during which defendant maintained his denials of involvement in the murder, but was willing to discuss his heroin addiction and other aspects of his personal life.

Detective Fassl further stated that the next evening he and Detective Almazan transported defendant to Villalobos’ apartment, where the victim’s body had been found. Once they entered the apartment, defendant became visibly upset when he saw dried blood on the kitchen floor. Defendant asked to speak to Fassl alone and proceeded to make an admission. The detectives transported defendant back to police headquarters, where he spoke with Assistant State’s Attorney (ASA) James Papa and gave a videotaped statement in which he admitted stabbing Villalobos and taking money from his apartment. Fassl further testified that, during his conversations with him, defendant never complained of the effects of heroin withdrawal, and that he never accused defendant of committing the murder and never conveyed that eyewitnesses had identified him. However, Fassl did admit that it was his objective in speaking with defendant to obtain a confession, which defendant proffered 46 hours after his arrest.

Detective Brownfield testified that during questioning defendant did not appear to be in distress nor did he request medical attention, nor was defendant offered anything in exchange for his statement. ASA Papa testified that he advised defendant of his office, reminded defendant of his Miranda rights, and spoke with defendant for nearly an hour. Defendant admitted killing Villalobos and stated that he had not been mistreated while in police custody.

The circuit court granted the State’s motion, finding sufficient attenuation in the multiple Miranda warnings the police had issued to defendant, the proper treatment defendant was shown while in custody, and the intervening circumstance of the visit to Villalobos’ apartment.

Defendant then sought to suppress his statements to police and Papa, arguing that they were given involuntarily. Defendant testified that when Detectives Fassl and Almazan took him into custody, he requested a lawyer but was never allowed to speak to one. He also stated that Fassl showed him photos of Villalobos’ autopsy and told him, “This is your work.” Defendant explained to the detectives that he was a heroin addict and experiencing withdrawal symptoms, and asked to see a doctor. Defendant was left alone for long periods of time and not allowed to use the bathroom, despite repeated requests. As a result he vomited and urinated on the floor of the interview room. Defendant complained of nausea, back pain, and a painful abscess on his foot. In response to defendant’s complaints, Fassl indicated that a statement regarding the murder could be exchanged for medical attention. Defendant could not think of anything to say to Fassl’s satisfaction. Fassl transported him to Villalobos’ apartment, where he and other detectives accused him of killing Villalobos. Defendant agreed to give a statement in return for medical attention. Fassl reduced defendant’s statement to writing, and defendant gave the statement on videotape, but he did not inform ASA Papa that he had agreed to give the statement in exchange for medical treatment.

On cross-examination, defendant admitted that he had filed two previous motions to suppress, neither of which contained allegations of heroin addiction or withdrawal influencing his decision to offer a statement as to Villalobos’ murder. Defendant also admitted that in his videotaped statement, he stated that he had been treated well by the detectives and by ASA Papa, that he was giving the statement freely and voluntarily, that he had not been threatened or promised anything in return for giving the statement, and that at no time during the statement did he complain of the effects of heroin withdrawal or the denial of medical treatment.

On redirect, defendant asserted that he did mention his heroin addiction and withdrawal symptoms to the polygraph examiner and to medical personnel at the Cook County jail.

Defendant called Barry Hargan, whom the trial court accepted as an expert qualified to testify on addictive disorders.

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People v. Scott, 852 N.E.2d 531, 366 Ill. App. 3d 638, 304 Ill. Dec. 281, 2006 Ill. App. LEXIS 559 (Ill. Ct. App. 2006).

852 N.E.2d 531 (People v. Scott) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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