People v. Taylor

317 N.E.2d 97, 58 Ill. 2d 69, 1974 Ill. LEXIS 324
CourtIllinois Supreme Court
DecidedSeptember 17, 1974
Docket45366
StatusPublished
Cited by36 cases

This text of 317 N.E.2d 97 (People v. Taylor) 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. Taylor, 317 N.E.2d 97, 58 Ill. 2d 69, 1974 Ill. LEXIS 324 (Ill. 1974).

Opinions

MR. JUSTICE SCHAEFER

delivered the opinion of the court:

The defendant, Willie Taylor, was charged in indictments returned in the circuit court of Cook County with murder, attempted murder, aggravated battery, and arson. After a trial by jury, he was convicted of arson and sentenced to the penitentiary for a term of not less than 25 years nor more than 50 years. The appellate court affirmed the conviction but reduced the minimum sentence to not less than 14 years (People v. Taylor (1972), 6 Ill. App. 3d 343). We granted leave to appeal.

The conviction stems from a fire which occurred in the early morning hours of December 27, 1968, at the home of the defendant and his then wife, Burnette Taylor, at 5029 West Monroe Street in Chicago. The fire was started by an object which was thrown through a second-story bedroom window, and it resulted in the death of Orgee Wright, the 14-year-old son of Burnette Taylor by a previous marriage, and the severe burning of Mrs. Taylor’s other son by a previous marriage, 20-year-old Raymond Smith.

Since the defendant does not contest the sufficiency of the evidence to sustain his conviction for arson, it is necessary to state only that evidence which relates to his contentions on appeal. Those contentions center upon the admissibility of two statements, one oral and one written, made by the defendant to police officers on the evening of December 27, 1968, in which he admitted paying someone $20 to throw a lighted bottle of gasoline into the bedroom of his home in order to “scare” his wife. Prior to trial the defendant had moved to suppress these statements, but after a full evidentiary hearing the motion was denied. He contends: (1) that the statements were obtained in violation of due process of law in that they were induced by false statements of the police that a lie detector test could prove his innocence; (2) that the statements were the product of questioning during a period of illegal detention in violation of the fourth amendment to the Constitution of the United States; and (3) that the statements were obtained in violation of Miranda v. Arizona (1966), 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602, in that they were obtained through interrogation which continued after he had invoked his right to remain silent.

Concerning the defendant’s contention that the statements were the product of questioning during an illegal detention, the record shows that he was arrested without a warrant by a Chicago police officer about noon on December 27, 1968, at his place of employment on the north side of Chicago. The arresting officer testified that he arrested the defendant on the basis of a police radio call that “Willie Taylor” was wanted for investigation of arson. It is apparent from the testimony of Detective Moravec, one of the investigating officers, that the police radio call was based on information he had received from Mrs. Taylor to the effect that the defendant had previously threatened to burn the house down, and further information that a man fitting the description of the defendant was seen in the area seconds before the fire occurred. We hold, therefore, that the arresting officer had reasonable grounds to believe that the defendant had committed the offense of arson and that his arrest was lawful. See People v. Jones (1967), 38 Ill.2d 427; People v. Glenn (1966), 35 Ill.2d 483.

In order to decide the defendant’s remaining contentions concerning the admissibility of his statements it is necessary to discuss the circumstances under which those statements were made. At tlje hearing on the motion to suppress, the evidence showed that after the defendant was arrested he was taken to a north-side police station where he was placed in the lockup. The arresting officer testified that he did not advise the defendant of his constitutional rights, but that the “lockup-keeper” did when the defendant was being placed in a cell. The defendant remained at that station for 2 or 3 hours during which time he was not questioned. He was then taken to a station on the west side of the city, closer to the scene of the fire. There he was interrogated by three police officers, Detectives Moravec, Berndt, and Walter. All three officers testified that before the interrogation began Detective Moravec advised the defendant of his constitutional rights and asked him if he understood those rights, and that the defendant responded that he did. Detective Moravec also testified that on two subsequent occasions during the interrogation the defendant was warned of his constitutional rights, and that on one of these occasions the defendant answered that he knew his rights.

The interrogation began in the main room of the station, but, because of the distraction caused by the activity there, was continued in an adjacent “roll call” room. After some interrogation there, the “roll call” room was needed for other purposes and the officers took the defendant to an interrogation room on the third floor of the station house. The defendant was offered sandwiches and coffee, but testified that he refused the offer because he did not drink coffee. During that period, a cousin of the defendant, whom the defendant said had been with him on the previous night, was brought to the station. He stated, however, that he was not with the defendant after 10 or 10:30 p.m.

It is uncontroverted that during this period the defendant answered most of the officers’ questions, denied any knowledge of the fire, and asserted an alibi; however, one police officer testified that the defendant occasionally did not answer when certain questions were asked relating to the fire.

Two of the officers testified that the defendant was asked if he would take a polygraph test and was told that it was one way he might clear himself. They further testified that the defendant was told that the test was completely voluntary and that the results would be inadmissible in court. The third officer testified: “We told the defendant that if he was innocent, he could prove it by taking a test, a polygraph test. But he didn’t have to if he didn’t want to. It was of his own free will. If he wanted to prove his innocence and get the whole thing over with, we told him we would take him downtown and take a test.”

The defendant consented to take the test and was taken to police headquarters at 1121 South State Street. Detective Berndt took the defendant to the police department crime laboratory located in that building, while Detectives Moravec and Walter drove to the south side of Chicago to check further on the defendant’s alibi. The polygraph examiner, a Chicago police officer, testified at the hearing on the motion to suppress that before administering the test he informed the defendant that he did not have to take it and asked him whether he understood his constitutional rights, to which the defendant replied that the police had told him “all that” and that he wanted to take the test. The examiner further testified that the defendant then read and signed a “Waiver of Liability” form, after which he was again informed that he did not have to take the test and was told that most individuals who are tested are shown to be telling the truth. It was stipulated that the examiner would testify on rebuttal that he also told the defendant, “You had better tell the story to protect yourself.”

After preliminary conversation with the defendant, a series of five tests was administered and the results were analyzed.

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Cite This Page — Counsel Stack

Bluebook (online)
317 N.E.2d 97, 58 Ill. 2d 69, 1974 Ill. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-ill-1974.