People v. Tackett

616 N.E.2d 691, 246 Ill. App. 3d 622, 186 Ill. Dec. 501, 1993 Ill. App. LEXIS 1056
Appellate Court of Illinois·Decided July 9, 1993·No. 2-91-0866·Published·Cited by 4 cases

Opinion

JUSTICE COLWELL

delivered the opinion of the court;

Defendant, Charles Tackett, was found guilty of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12— 14(b)(1)) and sentenced to the Department of Corrections (DOC) for a term of six years. Defendant appeals, alleging the trial court erred in denying his pretrial motion to suppress his statements confessing to the crime. We affirm.

A Lake County information charged that defendant, who was 17 years of age or older, knowingly committed an act of sexual penetration with C.M., who was under 13 years of age when the act was committed, in that defendant placed his finger in the vagina of C.M. Mark Pleasant, an investigator with the Illinois Department of Children and Family Services (DCFS), and Len Brezinski, a detective with the Lake County sheriffs department, first questioned defendant on October 24, 1990, at the Round Lake police station. Defendant, who was 19 years of age at the time of arrest, signed a waiver of his Miranda rights and then signed a statement he provided to the authorities after they had talked for about an hour. Such statement fully admitted his digital penetration of C.M.’s vagina on October 22, 1990. C.M. was a two-year-old child that defendant baby-sat regularly. The statement also said defendant voluntarily agreed to talk with Brezinski and Pleasant and that “Det. Brezinski told me what all of my legal rights are and I understand all of them. I have not been threatened or promised anything.” Defendant’s statement revealed that he was himself molested on more than one occasion as a child. Defendant’s statement indicated that he had read it, understood it, and had been given the chance to make changes and corrections. He was then returned to his sister’s house.

Defendant was formally arrested the following day and transported to the sheriff’s department in Waukegan, where he made a second statement to the same authorities. Defendant’s second statement added that he had also digitally penetrated C.M.’s vagina on October 19, 1990.

Defendant filed a motion to suppress such statements on December 19, 1990. Defendant’s motion alleged: (1) that his statement on October 24, 1990, was not made with a knowing and intelligent waiver of his right to remain silent or his right to counsel; (2) that this statement was made as a result of improper inducements by the officials; and (3) that the initial questioning was conducted in violation of the defendant’s right to be advised of his Miranda rights. Defendant further alleged that his second statement from October 25, 1990, should also be suppressed since it violated defendant’s rights and was tainted by defendant’s coerced statements on October 24, 1990.

Linda Bresolin, a clinical psychologist, testified at the May 30, 1991, hearing on defendant’s motion that she administered a battery of psychological tests to defendant at his counsel’s request. She concluded defendant was in the borderline range of intellectual functioning and scored a full scale IQ of 74. Bresolin explained that an IQ of 80 is in the below average range and an IQ of 69 indicates mental retardation. Bresolin noted that defendant frequently asked her to repeat the instructions given to him during testing.

Pleasant testified he was assigned to investigate the alleged sexual assault on C.M. Pleasant and Brezinski located defendant at his sister’s home on October 24, 1990, where he was baby-sitting his four-year-old nephew. They informed defendant they were investigating the allegations concerning C.M. and wished to speak with him at the Round Lake police department. Defendant was concerned about leaving the home since his sister would be home soon and would wonder where he and his nephew were. Pleasant offered to contact defendant’s sister when they reached the station. Pleasant testified he did not conduct the interview in the home because he did not want the four-year-old to be present and no typewriter would be available at the house to take a statement from defendant if necessary.

The officers gave defendant his Miranda warnings at the station before defendant made any statements. Brezinski read defendant his rights one at a time and asked defendant to initial each one on the Miranda form or inform Brezinski if he did not understand. Defendant initialed each statement and signed the form waiving his Miranda rights. After a 40- to 60-minute discussion with the officers, defendant admitted to having committed the offense. Defendant also told the officers he had been abused as a child and indicated he needed help. Pleasant said he then gave defendant the name of a clinic which might aid defendant in counseling. Defendant signed his statement and the officers returned him to his sister’s home. The following day, the officers returned to arrest defendant. The officers readvised defendant of his Miranda rights. Defendant then made an oral statement that was reduced to writing and signed by him. Pleasant testified that no threats or promises were made to induce defendant into making the statement. Brezinski’s testimony substantially corroborated that of Pleasant. Defendant motioned at that time for a directed verdict which was denied.

Defendant testified he thought the officers were from the “Children and Families Association” and that they wanted to talk to him at the beach. He said the officers indicated they were there to help defendant. Defendant said he thought the officers were there to help children and he considered himself a child. Pleasant gave him the name of a doctor or clinic on the day of the first interview. Defendant did not read the form waiving his Miranda rights before he signed it. Defendant admitted he knew what was written in his

statement of confession before he signed it. Defendant said he also gave the second statement on October 25 because he trusted the officers and thought they would help him. Defendant stated that he had been in special education throughout his schooling. He had finished high school and received mostly A’s and B’s.

The court denied defendant’s motion and commented:

“There is no doubt in this case that he [defendant] was given his Miranda warnings, and there was no testimony from the defendant that he did not understand those warnings.
This case [sic], the police did not attempt to mislead the defendant by indicating that they had evidence, that they did not have, or misstating evidence about the case to the defendant. * * *
* * *
I think the defendant may well in fact have misapprehended some of the circumstances surrounding what was going on, however, that’s not really the standard.
In all the cases cited by the defense, and all the cases that I was able to find, there was some activity or intent on the
police to in some way deceive the defendant.
* * *
Although I find that the defendant may have perceived the situation, there is no — there has been no testimony that he did not know and understand what his rights were ***.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Tackett, 616 N.E.2d 691, 246 Ill. App. 3d 622, 186 Ill. Dec. 501, 1993 Ill. App. LEXIS 1056 (Ill. Ct. App. 1993).

616 N.E.2d 691 (People v. Tackett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Herndon v. Torres
249 F. Supp. 3d 878 (N.D. Ohio, 2017)
People v. J.J.C.
689 N.E.2d 1172 (Appellate Court of Illinois, 1998)
In Re JJC
689 N.E.2d 1172 (Appellate Court of Illinois, 1998)
People v. Salgado
635 N.E.2d 1367 (Appellate Court of Illinois, 1994)