People v. Slater

886 N.E.2d 986, 228 Ill. 2d 137, 319 Ill. Dec. 862, 2008 Ill. LEXIS 295
CourtIllinois Supreme Court
DecidedMarch 20, 2008
Docket104095
StatusPublished
Cited by165 cases

This text of 886 N.E.2d 986 (People v. Slater) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Slater, 886 N.E.2d 986, 228 Ill. 2d 137, 319 Ill. Dec. 862, 2008 Ill. LEXIS 295 (Ill. 2008).

Opinion

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Following a bench trial in the circuit court of Will County, defendant, Pamela Slater, was convicted of one count of permitting the sexual abuse of a child (720 ILCS 150/5.1 (West 2002)) and was sentenced to four years’ incarceration. The appellate court reversed defendant’s conviction and remanded the cause for a new trial. No. 3 — 04—0640 (unpublished order under Supreme Court Rule 23). We granted the State’s petition for leave to appeal (210 Ill. 2d R. 315), and, for the reasons that follow, we reverse the judgment of the appellate court.

BACKGROUND

Defendant was charged with predatory criminal sexual assault of a child (720 ILCS 5/12 — 14.1(a)(1) (West 2002)) and with permitting the sexual abuse of a child (720 ILCS 150/5.1 (West 2002)). The State alleged that the child victim in this case was defendant’s 11-year-old daughter, K.S. Among the several pretrial motions filed by defendant was a motion to determine her fitness to stand trial. The court-appointed psychologist, Dr. Randi Zoot, found defendant to be “alert, oriented to person, place, date and situation, and cooperative,” and that she had a verbal IQ of 81, a performance IQ of 70, and a full-scale IQ of 74. Although defendant’s “overall I.Q. places her in the borderline range of intellectual functioning and her verbal abilities are low average,” Dr. Zoot concluded that defendant did “not suffer from a mental disorder that interferes with her ability to understand the court proceedings, the role of the court participants or from cooperating with her attorney in her defense.” The parties stipulated that Dr. Zoot found defendant fit to stand trial.

Defendant also moved to suppress oral and videotaped inculpatory statements made by her on July 17, 2003, at the Will County Child Advocacy Center (Center) and at the Criminal Investigations Office at the Will County sheriff’s department (sheriff’s department). Defendant alleged that the statement made at the Center occurred while she was in custody and without her receiving warnings pursuant to Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966). In addition, defendant alleged that the statements were involuntary because she is intellectually limited and they were made after she was threatened with the loss of her children. Defendant further alleged that the subsequent statement given by her at the sheriffs department was a direct product of the unlawful statement obtained at the Center, that the taint could not be removed, and, therefore, that this statement was inadmissible as well. Defendant therefore requested that the court suppress all inculpatory statements made by her on July 17, 2003.

At the ensuing suppression hearing, the evidence revealed that authorities became aware that K.S. had possibly been subjected to sexual abuse through a tip called into the DCFS hotline by defendant’s friend. DCFS investigator Maurice Johnson followed up on this allegation by speaking to the tipster, who stated that a man named Brian Deck was living with defendant’s family, and that he and K.S. were engaged in a sexual relationship. Johnson performed a criminal background check on defendant and her husband and found that they had no criminal history; however, he did discover that at least three other prior reports had been made to DCFS about the family, and defendant’s children had been removed. Johnson then visited defendant’s home, where he spoke to her, her husband and K.S. Defendant and her husband were told by Johnson that Deck had to leave the premises and could not return or have any contact with K.S. until DCFS determined that it was safe for him to do so. Defendant agreed and signed a written safety plan, which allowed K.S. to remain in the home pending the outcome of the investigation.

The testimony at the suppression hearing revealed that once a report of abuse is received, it is standard procedure to arrange a “victim sensitive interview” (VSI) of the minor at the Center. The Center makes the arrangements for the interview, and before the interview can take place, a parent must grant permission to speak with the child. The VSI for K.S. took place on July 17, 2003, and defendant and her daughter arrived at the Center at 1 p.m. They were driven to that location by Deck, who planned to wait in the car until he was called to pick them up at the completion of the interview. According to protocol, defendant was interviewed by Mary Jane Pluth, a Center social worker, to obtain permission to speak with K.S. Defendant gave her consent and, in the course of doing so, denied that any abuse had occurred. Pluth then separately interviewed K.S., who also denied that any abuse had taken place.

The State presented the testimony of Detective John Ruettiger, a member of the Will County sheriffs department, who stated that he and his partner, Detective Richard Ackerson, were present at the Center at the time defendant and her daughter arrived. The sheriffs department had received a report from DCFS alleging that K.S. was the victim of sexual abuse, opened a criminal investigation file, and assigned him and his partner to attend the VSI. Ruettiger stated that at that time defendant “was not the focus of our investigation,” and that it was not unusual that DCFS investigator Johnson and Will County Assistant State’s Attorney Heidi Brink were also present at the Center.

After Pluth spoke with defendant and K.S., Ruettiger stated that he, Ackerson, Pluth, Johnson and Brink met to discuss the interviews, and concluded that both defendant and K.S. were being untruthful. Ruettiger decided that he and Ackerson would speak further with K.S, and informed defendant that they were doing so because “we didn’t believe that [K.S.] was being completely honest with us.” Ruettiger stated that he spoke to defendant in a small meeting room at the Center, which contained a desk and a few chairs. DCFS investigator Johnson was already in the room with defendant when he and Ackerson entered, and the detectives then left defendant in the room with Johnson to speak with K.S.

Ruettiger then questioned K.S., and she admitted that she and Deck were having sexual intercourse. K.S. stated that Deck was a family friend who was in his thirties and who had lived on and off at her family’s home for several months. After K.S. made this admission, Ruettiger and Ackerson returned to speak with defendant, who was still in the interview room with Johnson. Ruettiger stated that the purpose of this second interview with defendant was twofold: to inform defendant of what K.S. had just told them and to find out if defendant knew that K.S. and Deck were having sex in her home. Ruettiger denied that the purpose of this discussion was to gain a confession from defendant; rather, he stated that he intended to do some “fact finding” with respect to the admission made by K.S.

Ruettiger testified that this second interview with defendant lasted between 10 and 15 minutes.

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Cite This Page — Counsel Stack

Bluebook (online)
886 N.E.2d 986, 228 Ill. 2d 137, 319 Ill. Dec. 862, 2008 Ill. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slater-ill-2008.