People v. Taylor

2024 IL App (1st) 220821-U

Opinion

2024 IL App (1st) 220821-U No. 1-22-0821 Order filed May 3, 2024 Sixth Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 16 CR 2711 ) MICHAEL TAYLOR, ) Honorable ) James Michael Obbish, Defendant-Appellant. ) Judge, Presiding.

PRESIDING JUSTICE ODEN JOHNSON delivered the judgment of the court. Justice Tailor concurred in the judgment. Justice Hyman dissented.

ORDER

¶1 Held: Trial court’s denial of defendant’s motion to suppress statements affirmed where the trial court’s factual findings were not against the manifest weight of the evidence and defendant’s motion to suppress was properly denied as a matter of law where the police did not ignore defendant’s invocation of his right to remain silent and his inculpatory statements were voluntary.

¶2 Following a bench trial, defendant Michael Taylor was convicted of attempted murder

while personally discharging a firearm and unlawful use of a weapon by a felon. He was sentenced No. 1-22-0821

as a Class X offender to 45 years’ imprisonment. On appeal, defendant contends that the trial court

erred in denying his motion to suppress his statements when the detectives repeatedly questioned

him despite his repeated attempts to remain silent and consequently obtained statements that

contributed to his guilty verdict. For the following reasons, we affirm.

¶3 As defendant only appeals the denial of his pretrial motion to suppress, we will confine our

discussion of the facts to those relevant in that determination. The circumstances leading to

defendant’s arrest were the result of a shooting that occurred on October 29, 2015.

¶4 Defendant filed a motion to suppress statements in April 2019. In the motion, defendant

argued that his statements to the police should be suppressed because: 1) the statements were the

product of “psychological coercion” where he was held in custody for many hours, told the police

he would not speak with them, and the police continued to interrogate him and 2) he was unable

to understand his Miranda warnings because he was under the influence of alcohol and ecstasy. A

hearing was held on defendant’s motion on October 7, 2019.

¶5 At the hearing, Chicago Police Sergeant Matthew O’Brien testified that on October 29,

2015, at approximately 8:55 p.m., he was on patrol with his partner Officer Ali near the Altgeld

Gardens housing complex. He heard a call over the radio of a person shot at 13153 South Ellis,

which is in Altgeld Gardens, and he drove to that address. When they arrived, the officers found

bystanders assisting the victim Willie Grant. A second dispatch indicated that Altgeld Gardens

security officers were chasing the offenders near the Bishop Ford Expressway (I-94), and that the

chase ended in a crash. O’Brien and Ali went to the expressway and saw the Altgeld Gardens

security guards near the crash at a wooded area south of the Beaubien Woods ramp involving a

Buick sedan. O’Brien learned from the guards that the occupants of the Buick were the shooters,

-2- No. 1-22-0821

security chased them down the expressway, and that after the crash, one of the occupants from the

driver’s side ran up the embankment to the expressway to cross it and the front passenger ran into

the wooded area. The officers decided to search the wooded area with flashlights. O’Brien

described the area as a marshland because it was “up against” the Calumet River. They found

defendant after about five minutes- he was lying face down on his stomach in the mud and grass

with his body flush to the ground. Defendant was handcuffed and brought to his feet. O’Brien

identified defendant in court as the person he found in the woods. O’Brien testified that during the

walk to the car, he did not observe any signs that defendant was impaired- defendant had no trouble

standing and O’Brien did not notice a strong odor of alcohol on defendant. Defendant was between

the two officers, who all supported each other because the mud made them slip and slide as they

walked. After exiting the marshy area, defendant was able to walk on his own and was

subsequently placed in the squad car without any assistance. Defendant sat up inside the car

without falling or laying down and never expressed that he needed help or that he was drunk or

high. O’Brien indicated that defendant complained of being cold and wet and he was given dry

clothes at the police station.

¶6 After defendant’s arrest, O’Brien viewed video surveillance footage from Altgeld Gardens

that captured the shooting. The video showed a person wearing a white shirt, identified in court as

defendant, exit the front passenger seat of the Buick prior to the shooting. The same person got

back into the front passenger seat after the shooting, and the crashed vehicle was the same as that

shown in the video.

¶7 On cross-examination, O’Brien testified that they searched the marsh for approximately

five minutes before finding defendant lying on his stomach. Defendant was handcuffed on the

-3- No. 1-22-0821

ground and escorted out of the wet area by both officers, one on each side of him with linked arms.

O’Brien also stated that he had prior experience with defendant. He acknowledged that the video

footage of the fleeing Buick showed four people exiting the car, but the security guards did not say

anything about the other two individuals.

¶8 On re-cross examination, O’Brien testified that he was familiar with defendant and his

criminal history because he had arrested him before- defendant had been arrested nine times

previously.

¶9 Chicago police detective Fred Hasenfeng testified that he was assigned to investigate

Willie Grant’s shooting on October 29, 2015, and went to the scene just after midnight. At

approximately 3:30 a.m. on October 30, 2015, Hasenfeng went to the police station and learned

that a suspect was in custody. He identified defendant in court as that suspect. At the station,

Hasenfeng and his partner Detective Michael Bernichio met with defendant in an interview room.

Bernichio read Miranda warnings to defendant from the Fraternal Order of Police (FOP) book and

defendant indicated that he understood after each warning was read. Defendant was sitting up and

made direct eye contact during that time and did not appear to be drunk or high. Defendant agreed

to talk to the officers, and they asked him what happened. During that initial interview, defendant

told Hasenfeng that the last thing he remembered was buying his daughter a coat. When they asked

defendant why he ran and hid, defendant then said that he did not want to talk anymore. The

officers left the room after telling defendant that they would be right outside the door and he could

knock if he needed anything. The entire interview lasted approximately five minutes.

Hasenfeng returned to the interview room alone at approximately 4:55 a.m. to check on defendant

and see if he needed water, food or to use the restroom. Hasenfeng asked defendant where he lived

-4- No. 1-22-0821

or was staying and defendant stated that he lived near 66th and Loomis. Hasenfeng asked defendant

other questions but defendant stopped talking. Hasenfeng left the room at approximately 5:05 a.m.

and did not interview defendant again for another 14 hours. However, during that time, he and

other officers checked on defendant periodically, at least every hour. If defendant asked for water,

a snack or something to eat, it was provided to him right away, as were bathroom privileges.

Hasenfeng also testified that while defendant was held in the interview room, police continued to

investigate the shooting, crime scene and other evidence.

¶ 10 The next attempt to interview defendant occurred at approximately 6:41 p.m. on October

30, 2015, with Assistant State’s Attorney (ASA) Kosoko present. ASA Kosoko Mirandized

defendant from memory and defendant responded that he understood everything. Hasenfeng and

ASA Kosoko then questioned defendant and learned that at the time of the shooting he was

intoxicated from ecstasy and alcohol. Defendant also stated that he got out of the car with a gun

but did not shoot anyone. After saying a few times that he did not shoot or shoot the man, defendant

stopped responding to any more questions and turned his head away. Defendant did not appear to

be in any distress and did not smell of alcohol. That interview ended at approximately 7:05 p.m.

Hasenfeng testified that defendant was allowed to sleep if he wanted to while in the interview

room, and that he never promised or threatened defendant to get him to talk.

¶ 11 On cross-examination, Hasenfeng testified that while he was unsure if a log existed to

document officers that checked on defendant while he was in the interview room, it was standard

procedure to check at least every hour if not a few times per hour.

¶ 12 Seargeant Nicholas Cortesi testified that on October 29, 2015, he was assigned to assist in

the investigation of a shooting at 13153 South Ellis Avenue. He was aware that defendant was in

-5- No. 1-22-0821

custody and was a suspect in Grant’s shooting. Cortesi identified defendant in court. On October

30, 2015, he was part of the team that assisted with the investigation and part of the team that

routinely checked on defendant while he was in custody. At approximately 7:30 p.m. that day he

checked on defendant, offering him food or drink. Defendant asked for a bottle of water and a

candy bar, which Cortesi provided. Defendant asked to speak to him, and Cortesi requested that

ASA Kosoko join him in the interview room. ASA Kosoko Mirandized defendant, who indicated

that he understood each of those rights and agreed to speak with Cortesi and ASA Kosoko. Cortesi

testified that defendant did not appear to be intoxicated in any way and exhibited no signs of being

under the influence. During the interview, defendant stated that he thought Grant supplied guns to

a rival gang that killed defendant’s brother and admitted that he was in the car that pulled up next

to Grant. Defendant further stated that he was affiliated with the Black Disciples street gang, he

had a brief conversation with Grant, and admitted to shooting at Grant while Grant was on the

ground. But defendant did not think he shot Grant because he was shooting at the ground.

Additionally, defendant stated that there was no intention to kill Grant but just to send him a

message. Cortesi showed defendant a picture of a .9 millimeter handgun, and asked if that was gun

defendant fired. Cortesi testified that the gun was found alongside I-94 along the path that the

vehicle fled after the shooting. Defendant said it was not the gun he used; he used a .357 revolver,

which was subsequently found alongside I-94 as well. Defendant told them that he was sitting in

the front passenger seat and had thrown his gun out of the car as they fled. During the interview,

defendant put his head own and muttered “I’m f*cked, I’m f*cked.” Defendant also muttered that

he was going to “take the minimum,” “take the 26.” Defendant told Cortesi that he would think

about documenting his statement.

-6- No. 1-22-0821

¶ 13 At approximately 6:20 a.m. on October 31, 2015, defendant asked to speak to Cortesi about

documenting his statement. Cortesi and ASA Kosoko interviewed defendant, and Cortesi showed

defendant a still photo from the video of the shooting. Defendant identified himself as the

individual in the white shirt that got out of the front passenger seat of the car and then reentered

the front passenger side after the shooting. Defendant again stated that he was not trying to kill

Grant and that he shot at the ground. Cortesi stated that it was not mandatory in 2015 for statements

to be recorded, so defendant had to consent, and he did not agree to record his statement in any

way. After the interview, defendant was given McDonald’s to eat.

¶ 14 At approximately 8:15 a.m. on October 31, 2015, Cortesi and ASA Kosoko went in to

speak with defendant again. Cortesi showed defendant another photo from the video of the

shooting and defendant again identified himself in the photo. Defendant again stated that he would

not agree to document his statement in any way. He also told Cortesi that at the time of the shooting

he had drank alcohol and used ecstasy, but never stated that he was still high or intoxicated. Cortesi

further stated that between the times of defendant’s two statements, he never said that he did not

want to talk; rather the conversation just ended and Cortesi went back a few hours later. Defendant

was taken to the bathroom when he requested and also given food when he requested it.

¶ 15 On cross-examination, Cortesi confirmed that defendant was at the police station for

approximately 23 hours when he was given the bottle of water and a candy bar. While Cortesi had

not noted in his general progress report (GPR) that defendant refused to memorialize his

statements, he reiterated that defendant refused to have his statements memorialized.

¶ 16 On re-cross examination, Cortesi testified that he documented in his GPR that defendant

declined food and drink prior to and after the 6:20 a.m. interview on October 31, 2015, and

-7- No. 1-22-0821

defendant chose to speak with him at that time. Additionally, the GPR indicated that Cortesi

explained to defendant that if he consented, ASA Kosoko would return and take a handwritten or

recorded statement.

¶ 17 The trial court found that the State met its burden by a preponderance of the evidence and

showed that the statements were not involuntary because defendant was high or intoxicated or that

defendant was denied food, drink and bathroom privileges. Defendant rested without presenting

any testimony.

¶ 18 Ultimately the trial court denied defendant’s motion to suppress statements finding that the

officers’ testimony was credible and any impeachment was relatively minor concerning the

contents of the GPR.

¶ 19 The case subsequently proceeded to a simultaneous but separate bench trial with

codefendant Darrell Pickett. 1

¶ 20 Grant testified he was on his way to visit a friend in Altgeld Gardens when the shooting

occurred. He was walking towards his friend’s home when a brown Buick with tinted windows

pulled up to him. The front passenger let down the window and Grant asked him “What’s to you?”

and the passenger pulled out a gun. Grant stated that he was watching the car because it was going

very slow before stopping, which put him on alert. Grant identified defendant in court as the front

passenger in the Buick. Grant dropped to the ground when he heard more than 10 gunshots and

was on his elbows and knees trying to crawl away. Ultimately, Grant was shot seven times: his

right wrist, his ribs, his leg and his back. After the gunfire stopped, he heard car doors slamming

and the car pulled off. Grant also saw the security car chase the Buick, and other people in the area

1 We will only recite evidence presented with respect to defendant Taylor.

-8- No. 1-22-0821

arrived at the scene. Grant was taken to the hospital where he was treated and had surgery because

of his injuries. Police interviewed Grant in the hospital at approximately 8:15 a.m. on October 31,

2015, however, he was on Toradol at the time which made him groggy and he was sleeping on and

off. Because of that, Grant was unable to recall signing any documents or circling individuals on

the photo arrays he was shown at that time.

¶ 21 Mark Washington testified that on the night of the shooting, he worked as a security guard

in Altgeld Gardens. He and his partner were in the process of a shift change when he heard 10 to

15 gunshots nearby. They got back into their security vehicle and drove towards the shots, which

took approximately 10 to 12 seconds. Washington saw a Buick exiting the complex driving very

fast and people standing outside were pointing towards the Buick. Washington and his partner

followed the car and eventually got behind it as 130th and Ellis when it stopped at a red light.

Washington pulled up to the driver’s side of the Buick and activated his lights and sirens. The

windows were tinted so he could not see inside. As soon as Washington activated his lights and

sirens, the Buick sped away and the guards followed the Buick to the I-94 expressway. Washington

saw two things thrown from the Buick’s passenger side into the grass on the shoulder as they

travelled on the expressway. The Buick exited at Beubien Woods, which is a dead end exit, and

because it was going so fast, it lost control, crashed into the gate and “jumped” into the grassy area

before stopping. Washington saw one person exit and run back towards the expressway while

another passenger ran to the wooded area. He was not able to see either of them clearly.

Washington and his partner called in the chase to dispatch and eventually Chicago police arrived

on the scene. After searching the wooded area, he saw police handcuff the person they found there.

-9- No. 1-22-0821

Washington gave a statement about the incident on October 30, 2015, and went to the police station

on November 2, 2015, to view a photo array but he was unable to identify anyone.

¶ 22 Washington’s partner David Cross testified substantially similar to Washington. When the

Buick crashed, Cross saw the driver exit and run up the embankment and the passenger ran into

the woods. When the police arrived and arrested the person from the woods, Cross saw that it was

the passenger of the Buick because he was wearing the same clothes.

¶ 23 Sergeant O’Brien testified substantially similar to his testimony at the hearing on

defendant’s motion to suppress. O’Brien further testified that when he and his partner brought the

handcuffed man from the woods, Cross identified defendant as the man who ran from the crashed

Buick into the woods.

¶ 24 Officer Cynthia Cirello testified that she and a partner were working on patrol on October

29, 2015. At approximately 9 p.m., she received a call of a person shot at 13153 South Ellis, and

headed that way. However, before she reached that address, another call came in with further

information, namely that Altgeld security guards said that guns were thrown out of a suspect

vehicle in the southbound lanes of I-94, south of the 130th Street exit. Cirello and her partner

relocated to that area, exited their vehicle and started to search. Her partner subsequently found a

.9 millimeter semiautomatic gun on the shoulder of the expressway and they notified the dispatch.

They waited with the gun until an evidence technician arrived and inventoried it.

¶ 25 Cortesi also testified substantially similar to his testimony at the hearing on defendant’s

motion to suppress. He further testified that during the 7:30 p.m. interview on October 30, 2015,

defendant told him that he believed the victim had something to do with his brother’s 2007 death

either directly or indirectly by supplying guns to an opposition gang faction known as the Bar

- 10 - No. 1-22-0821

Nuns. Defendant told him that he was in Altgeld Gardens on the night of the shooting and that he

was originally from there or frequented the area. Defendant was inside a vehicle and saw Grant.

The driver “rolled” next to Grant, defendant’s window was down and Grant looked over at

defendant and said, “What’s up?’ Defendant indicated that he responded by asking Grant “Why

do you got to be hanging with those ni**as?” Cortesi asked defendant who he was referring to and

defendant indicated the Bar Nuns. Defendant also indicated that he was a member of the Black

Disciples from the Altgeld Gardens area. Defendant then admitted that he exited the vehicle armed

with a gun and shot at the ground in Grant’s direction to send a message to Grant. Defendant told

Cortesi that there were four occupants of the vehicle and further that he did not think anyone else

shot at Grant, which Cortesi challenged based on the video footage.

¶ 26 The parties entered into several stipulations regarding the recovered firearms and shell

casings.

¶ 27 Officer Kenneth LeFlore, an evidence technician, testified that on October 29, 2015, at

approximately 11:15 p.m. he received an assignment to go collect a firearm that was recovered

from the southbound shoulder of I-94. LeFlore also went to other locations to take photographs,

including the site of the crash and the area where there shooting occurred.

¶ 28 Former ASA Ahmed Kosoko testified that he reviewed the video of the shooting and spoke

with detectives prior to ever speaking with defendant on October 30, 2015. He identified defendant

in court and stated that he went to speak with defendant to find out defendant’s motive for the

shooting. Specifically, Kosoko asked defendant why he shot Grant and defendant stated that Grant

was a gun runner for an opposing gang and one of the guns was used to shoot his brother, so his

gang retaliated against Grant for that. Defendant told him that after the shooting they fled onto the

- 11 - No. 1-22-0821

expressway, tossed the guns out onto the expressway and after the crash, he ran into the wooded

water area because he was high and drunk. Kosoko corroborated testimony that defendant was

dismayed and that he stated he would go to prison for 26 years. Kosoko wanted to memorialize

defendant’s statement, but defendant refused both a recorded and written statement.

¶ 29 On cross-examination, Kosoko indicated that he initially spoke with defendant at

approximately 8 a.m. on October 30, 2015, at which time defendant stated that he was high on

ecstasy and intoxicated at the time of the shooting.

¶ 30 The parties stipulated that Grant was taken to the emergency room at Christ Hospital with

eight gunshot wounds: one to his right chest, one to his left palm, two to his left shin, one to his

left chest, one to his left hand, one to his lower back and one to his left buttocks. Grant also had

multiple bullet fragments in his left lower leg and other areas of his body as well as fractures from

gunshots all over his body. Grant had surgery over the night and early morning hours of October

29-30, 2015, where he was intubated, a plate and multiple screws were inserted in his wrist and

hand to stabilize a fracture. Grant was discharged from the hospital on November 3, 2015.

¶ 31 At the close of the evidence, the trial court reviewed the evidence presented at trial, noting

that the complaining witness testified and that his testimony was corroborated by the surveillance

video which showed all four occupants of the car shooting at Grant. The court found the security

guards, the former ASA and the officers were credible witnesses. The trial court also noted

defendant’s admissions, that he was caught a short distance from the vehicle involved in the

shooting and that defendant was identified by the officers. The trial court found that although Grant

was unable to identify defendant in October 2015, it was not dispositive of the case. Defendant

was found guilty on all counts on May 21, 2021.

- 12 - No. 1-22-0821

¶ 32 While defense counsel filed a motion for new trial, defendant changed attorneys during

posttrial proceedings. Defendant’s amended motion for new trial was filed on November 19, 2021,

arguing that: 1) the trial court erred in denying his motion to suppress statements, 2) the State

failed to prove him guilty beyond a reasonable doubt; 3) the finding of guilt was against the weight

of the evidence; 4) defendant was denied due process of law and equal protection of the laws; 5)

the State failed to prove every material allegation of the offense beyond a reasonable doubt; 6) the

trial court erred in denying defendant’s motion for a directed finding at the close of the State’s

evidence; and 7) defendant did not receive a fair trial. The trial court denied defendant’s motion

after argument.

¶ 33 Defendant’s sentencing hearing was held on May 9, 2022. The State presented evidence in

aggravation of defendant’s prior offenses and that he was on parole when the October 2015

shooting occurred. He was ultimately sentenced on May 20, 2022, as a Class X offender to 45

years’ imprisonment with three years’ mandatory supervised release for attempted first degree

murder and a concurrent term of seven years for possession of a firearm while on mandatory

supervised release. Defendant’s motion to reconsider sentence was denied and his timely notice of

appeal followed on May 23, 2022.

¶ 34 ANALYSIS

¶ 35 We have jurisdiction over this appeal under article VI, section 6, of the Illinois Constitution

(Ill. Const. 1970, art. VI, § 6) and Illinois Supreme Court Rules 603 (eff. Feb. 6, 2013) and 606

(eff. July 1, 2017), governing appeals from final judgments in criminal cases.

¶ 36 On appeal, defendant contends that the trial court erred in denying his motion to suppress

his statements when the detectives questioned him despite his repeated attempts to remain silent

- 13 - No. 1-22-0821

and consequently obtained statements that contributed to his guilty verdict. He argues that his right

to remain silent was rendered meaningless by the detectives who informed him of that right, and

the pressure the police exerted on him rendered his consequent statements coerced. Defendant also

contends that he made inculpatory statements after being held for approximately 23 hours locked

alone in an interrogation room. He maintains that because the State violated his right to remain

silent and that the continued questioning rendered his statement coerced, the trial court erred by

denying his motion to suppress. Defendant concludes that because the admission of his inculpatory

statements was not harmless beyond a reasonable doubt, this Court should suppress those

statements and reverse and remand for a new trial.

¶ 37 Review of a trial court’s ruling on a motion to suppress presents both questions of law and

fact. People v. Richardson, 234 Ill. 2d 233, 251 (2009). When reviewing a trial court’s denial of a

motion to suppress, we apply the bifurcated standard announced by the United States Supreme

Court in Ornelas v. United States, 517 U.S. 690, 699 (1996), and adopted by our supreme court in

In re G.O., 191 Ill. 2d 37, 49-50 (2000). Under this standard, we give great deference to the trial

court’s findings of fact and will only reverse those findings if they are against the manifest weight

of the evidence, but we review de novo the ultimate legal question of whether, based on those facts,

the denial of the motion to suppress was proper. People v. Sorenson, 196 Ill. 2d 425, 431 (2001).

Further, we note that it is the function of the trial court to determine the credibility of the witnesses

and to resolve any conflicts in their testimony. People v. Melock, 149 Ill. 2d 423, 432 (1992).

¶ 38 Defendant contends that his invocations of his right to remain silent were unequivocal and

ignored. Defendant points to several points during his time in the interrogation room that he states

show that he invoked his right to silence. Namely, during the first interview when he told

- 14 - No. 1-22-0821

Hasenfeng that he did not want to talk anymore and at 4:55 a.m. when Hasenfeng reentered the

room and did not provide new Miranda warnings and defendant looked right at Hasenfeng and

looked away. Defendant also contends that he was coerced into making statements because his

prior invocation of his right to remain silent was not honored. Specifically, when he was

interrogated after 21 hours in custody and his rights had been previously disregarded, defendant

admitted that he was present but did not shoot anyone, but then refused to answer further questions;

and at 7:30 p.m. on October 30, 2015, when he asked to speak with Cortesi and made the

inculpatory statements used at trial. Defendant is essentially making two arguments, one that he

invoked his right to remain silent and was ignored, and two, that his later inculpatory statement

was coerced after he was held in an interrogation room for 23 hours.

¶ 39 Both the federal and the Illinois constitutions prohibit the state from compelling an

individual to be a witness against himself in a criminal prosecution. U.S. Const. amend. V; Ill.

Const. 1970, art. I, § 10. To protect this right, it is axiomatic that once an “individual indicates in

any manner at any time prior to or during questioning, that he wishes to remain silent, the

interrogation must cease.” People v. Edwards, 301 Ill. App. 3d 966, 977 (1998) (citing Miranda v.

Arizona, 384 U.S. 436, 473-74 (1966)). Any statement taken after the person invokes his privilege

cannot be other than the product of compulsion, subtle or otherwise. Miranda, 384 U.S. at 474.

¶ 40 However, a statement made as a result of a custodial interrogation is admissible, if after

being advised of Miranda rights, the suspect voluntarily waives his rights prior to making the

statement. People v. Smith, 333 Ill. App. 3d 622, 629 (2002). Even if a suspect agrees to talk to

authorities, the interrogation must cease if he indicates in any manner prior to or during questioning

- 15 - No. 1-22-0821

that he wishes to remain silent. Miranda, 384 U.S. at 444-45. Under these circumstances, the

interrogation may be resumed and any statement resulting from renewed questioning is admissible

only if the suspect’s right to remain silent was “scrupulously honored.” Michigan v. Mosley, 423

U.S. 96, 103-04 (1975).

¶ 41 To exclude statements pursuant to Mosley, a defendant must actually invoke his rights.

People v. Reichert, 2023 IL App (5th) 180537, ¶ 87. In determining whether defendant invoked

his right to end questioning we consider both defendant’s verbal and nonverbal conduct. Id. An

invocation of the right to remain silent must be unambiguous, unequivocal and clear. People v..

Kronenberger, 2014 IL App (1st) 110231, ¶ 33 (citing Berghuis v. Thompkins, 560 U.S. 370, 381

(2010)). The demand to end the interrogation must be specific. Reichert, 2023 IL App (5th)

180537, ¶ 87; People v. Cox, 2023 IL App (1st) 170761, ¶ 44.

¶ 42 As noted, Detectives Hasenfeng and Bernichio conducted the first interview of defendant

at approximately 3:30 a.m. on October 30, 2015, which was about four hours after defendant’s

arrest. Defendant was Mirandized and defendant indicated that the last thing he remembered was

buying a coat for his daughter. When questioned about running and hiding, defendant stated that

he did not want to talk anymore. The record indicates that all questioning of defendant immediately

ceased and the detectives left the room. The total interview time was five minutes. Hasenfeng came

back to the interview room and asked the defendant some general questions at approximately 4:55

a.m., which defendant answered. Hasenfeng testified that he asked defendant “other questions”

which defendant did not answer; he just stopped talking. This questioning took a total of 10

minutes, and Hasenfeng left afterwards. The record does not indicate what the other questions

were.

- 16 - No. 1-22-0821

¶ 43 We find that defendant unequivocally invoked his right to remain silent during the initial

3:30 a.m. questioning when he said he did not want to talk anymore. We also find that the police

did not ignore defendant’s invocation of that right- the questioning ceased at that point and the

officers left the room.

¶ 44 However, during the 4:55 a.m. questioning, the record indicates only that Hasenfeng asked

defendant general questions such as his address. While defendant declined to answer some of

Hasenfeng’s questions at that time, there was no evidence presented to suggest that such

questioning was an interrogation. An interrogation refers to express questioning, as well as to any

words or actions on the part of the police, other than those normally accompanying arrest and

custody that the police should know are reasonably likely to elicit an incriminating response from

the suspect. People v. Hernandez, 2017 IL App (1st) 150575, ¶ 116 (citing People v. Jackson, 374

Ill. App. 3d 93, 106 (2007)). The circumstances presented surrounding the 4:55 a.m. questioning

do not establish that any interrogation occurred where general questions were asked that were not

likely to elicit an incriminating response from defendant. Although there were “other” questions

asked that defendant did not respond to, there was no evidence presented at the hearing on the

motion to suppress or at trial that suggested such questions were interrogation for purposes of

Miranda. See Rhode Island v. Innis, 446 U.S. 291, 300-02 (1980) (Miranda safeguards come into

play whenever a person in custody is subjected to either express questioning or its functional

equivalent.). Moreover, the questioning ceased when the defendant stopped talking, and the officer

left the room.

¶ 45 The next interview occurred at 6:41 p.m. where the defendant was Mirandized and spoke

with officers. In this interview, defendant was questioned more about the circumstances involving

- 17 - No. 1-22-0821

the offense, thus it was an interrogation. He answered some questions before becoming

nonresponsive and turning his head away after approximately 24 minutes of questioning. When

the defendant became nonresponsive, questioning ceased, and the officer and ASA left the room.

¶ 46 In Mosley, 423 U.S. at 102-03, the United States Supreme Court clarified that Miranda did

not create a per se proscription against any further questioning by any police officer, on any topic

once the suspect invokes his right to remain silent. Rather, the Court concluded that the

admissibility of statements obtained after the defendant decides to remain silent depends upon

whether the defendant’s “right to cut off questioning was ‘scrupulously honored.’” Id. In deciding

this question, courts should consider whether: (1) the police immediately halted the initial

interrogation after the defendant invoked his right to remain silent; (2) a significant amount of time

elapsed between the interrogations; (3) a fresh set of Miranda warnings were given prior to the

second interrogation; and (4) the second interrogation addressed a crime that was not the subject

of the first interrogation. Id. at 104-05.

¶ 47 Here, the record established that once defendant became nonresponsive during the

interrogation, the police immediately halted questioning; this second interrogation occurred 16

hours after the first interrogation; and defendant received new Miranda warnings before

questioning began. Although defendant was questioned about the same crime, during this second

interrogation, this fact alone does not preclude a finding that the defendant’s right to remain silent

was scrupulously honored. People v. Nielson, 187 Ill. 2d 271, 287 (1999) (citing People v. Foster,

119 Ill.2 d 69-86-87 (1987)). Thus, under the facts presented here, defendant’s right to remain

silent was scrupulously honored.

- 18 - No. 1-22-0821

¶ 48 Regarding the 7:30 p.m. questioning on October 30, 2015, and the 6:20 a.m. questioning

on October 31, 2015, the record establishes that defendant initiated those conversations with police

and the ASA. As such, there is no issue of whether defendant invoked his right to remain silent

during those periods of questioning. Instead, defendant claims that his inculpatory statements made

during those sessions were coerced due to the amount of time he had been held in custody and his

lack of food. We reject defendant’s contention.

¶ 49 As noted above, admitting an involuntary confession into evidence violates the fifth

amendment to the United States Constitution (U.S. Const., amend. V) and the Illinois Constitution

(Ill. Const.1970, art. I, § 10). People v. Nicholas, 218 Ill. 2d 104, 118 (2005). In determining

whether a defendant’s confession was voluntary, we must consider the totality of the

circumstances. People v. Strong, 316 Ill. App. 3d 807, 813 (2000). Factors to consider include the

defendant’s age, intelligence, background, experience, mental capacity, education, and physical

condition at the time of questioning; and any physical or mental abuse by police, including the

existence of threats or promises. Id. No single factor is dispositive. Id. The ultimate test of

voluntariness is whether the defendant made the statement freely, voluntarily, and without

compulsion or inducement of any sort, or whether the defendant’s will was overcome. Id.

¶ 50 Police coercion is a prerequisite to finding that a confession was involuntary. People v.

Salamon, 2022 IL 125722, ¶ 83. Additionally, the duration of a suspect’s detention is just one

factor included in the totality-of-the-circumstances test. Id. ¶ 94.

¶ 51 At the time of the shooting, defendant was 26 years old and had numerous previous contacts

with the criminal justice system; in fact, he was on parole at the time of the shooting. While he

stated to police that he was drunk and high on ecstasy at the time of the shooting, all of the officers

- 19 - No. 1-22-0821

testified that defendant did not appear to be drunk or high during his arrest or subsequent

questioning at the station. Defendant has not alleged any physical or mental abuse by police, so

we do not consider those factors. The officers’ unrefuted testimony was that defendant was allowed

to sleep, he was allowed to use the bathroom when he requested, and although he rejected food

several times while in custody, he was given food when he requested it. Defendant was Mirandized

twice before he gave the inculpatory statements and had initiated the conversations with police

when the statements were given. The record does not indicate, nor does defendant argue, that he

was denied access to a telephone to call an attorney or family member.

¶ 52 Additionally, the length of defendant’s detention was not so lengthy as to suggest that his

inculpatory statements were coerced. The total timeframe from defendant’s arrest to his

inculpatory statements was less than 24 hours. While there is no bright-line rule in Illinois

regarding the allowable length of an interrogation (People v. Green, 2014 IL App (3d) 120522, ¶

61), courts have found confessions to be voluntary despite longer periods in custody than that of

the defendant in this case. See People v. Nicholas, 218 Ill. 2d 104, 116, 120 (35 hours); People v.

Macias, 371 Ill. App. 3d 632, 642 (2007) (57 hours).

¶ 53 As stated above, the record indicates that defendant was arrested at approximately 9:00

p.m. on October 29, 2015, and he made the first inculpatory statement less than 24 hours later.

Thus, defendant was not held for an excessive period of time before he made inculpatory

statements, which, as previously noted, is just one factor to consider when determining whether a

statement was voluntary. It cannot be reasonably argued that his detention was too lengthy and

thus led to his statements being coerced. We therefore reject defendant’s claim of coercion.

- 20 - No. 1-22-0821

¶ 54 The record also indicates that when Cortesi checked on defendant again at 7:30 p.m. on

October 30, 2015, and gave him water and a candy bar as requested, defendant initiated a

conversation with Cortesi. Cortesi got ASA Kosoko to join, who again Mirandized defendant.

Defendant subsequently made inculpatory statements, namely providing a motive for the shooting,

admitting that he shot at the ground towards the victim, and indicating what type of gun he had.

The following morning at 6:20 a.m. defendant again initiated a conversation with Cortesi and ASA

Kosoko regarding documenting his statement. During this conversation as well as the last one at

8:15 a.m., defendant identified himself in still photos from the video footage. The record does not

support defendant’s claim that his voluntary statements given to police after he initiated

conversation with them after being Mirandized were somehow coerced due to lack of food. Under

the totality-of-the-circumstances test, we cannot say that the circumstances presented here support

defendant’s claim that his inculpatory statements were involuntary.

¶ 55 The dissent uses Salamon, 2022 IL 125722, ¶ 95, to establish a bright line test of 24 hours

in custody to constitute a more “subtle form of police coercion.” However, the circumstances

presented in Salamon are distinguishable from those in the case at bar. The Salamon case involved

a determination of the reasonable time in custody when a defendant expressly invoked his right to

contact an attorney and was denied use of the telephone to do so prior to reinitiating contact with

officers and ultimately making inculpatory, post-Miranda statements. See Salamon, 2022 IL

125722, ¶¶ 98- 103. After 24 hours in custody, during which the defendant immediately and

consistently invoked his right to counsel, the police prevented him from exercising that right. Id.

¶ 104. Our supreme court found that denial of the defendant’s post-arrest access to telephone for

24 hours violated his statutory right to communicate with counsel and family, which made his

- 21 - No. 1-22-0821

post-Miranda inculpatory statement at the police station after he re-initiated contact with officers

involuntary. Id. ¶ 110. We further note that our supreme court in Salamon found the error to be

harmless under the circumstances presented in that case. Id. ¶ 128.

¶ 56 Those are not the same or even similar circumstances presented in the case at bar. This was

not an unlawful detention used to coerce a Miranda waiver and confession out of a suspect who

has retained counsel. People v. Mrdjenovich, 2023 IL App (1st) 191699, ¶ 117. Rather, it was a

lawful detention based on probable cause: defendant was arrested after fleeing from the scene of a

shooting leading to a high speed chase and being found hiding in a nearby marsh. Moreover, this

case involves only the questions of whether defendant continually and unequivocally invoked a

post-arrest silence during his detention at the police station and whether that right was violated

when he re-initiated contact with police and made inculpatory statements about the shooting.

Defendant did not allege, either during the circuit court proceedings or on appeal, that he ever

invoked his right to an attorney, was denied use of the phone, was told that he could use the phone

after he cooperated, was handcuffed during interrogation, or was confronted with an express threat

of incommunicado detention. Additionally, the officers continued to investigate the offense during

defendant’s lawful detention, including, securing and viewing video of the shooting and

interviewing witnesses. To require officers to abandon legitimate attempts to obtain voluntary

statements in less than 24 hours, regardless of the circumstances, would create an “irrational

obstacle to legitimate police investigative activity, and deprive suspects of an opportunity to make

informed and intelligent assessments of their interests.” Michigan v. Mosely, 423 U.S. 96, 102

(1975) Also, as in Mosely, at the very outset of each interrogation subjected defendant to only a

- 22 - No. 1-22-0821

brief period of initial questioning, and suspended questioning entirely for a significant period

before beginning the interrogation that led to his incriminating statement.” Id. at 107.

¶ 57 Our review of the circumstances presented in this case surrounding defendant's invocation

of his right to remain silent, and the voluntariness of defendant’s statements establish that the trial

court’s factual findings on the motion to suppress were not against the manifest weight of the

evidence. We further conclude that defendant’s motion to suppress was properly denied as a matter

of law where the police did not ignore his invocation of his right to remain silent and where his

inculpatory statements were voluntary.

¶ 58 CONCLUSION

¶ 59 The judgment of the circuit court of Cook County is affirmed.

¶ 60 Affirmed.

¶ 61 HYMAN, J., dissenting:

¶ 62 Unless protected and respected by the courts, cherished individual rights and freedoms can

be diluted or worse. As U.S. Supreme Court Justice George Sutherland cautioned, “The saddest

epitaph which can be carved in memory of a vanished liberty is that it was lost because its

possessors failed to stretch forth a saving hand while yet there was time.” Associated Press v.

NLRB, 301 U.S. 103, 141 (1937) (Sutherland, J., dissenting). The majority has added further

vulnerability to an individual’s exercise of the legal prerogative to remain silent, an essential right

that continues throughout every stage of a criminal proceeding. See Griffin v. California, 380 U.S.

609, 615 (1965) (holding fifth and fourteenth amendments forbid prosecution to comment on

accused’s silence and forbids court from instructing jurors that silence is evidence of guilt).

- 23 - No. 1-22-0821

¶ 63 At issue is whether detectives “scrupulously” honored Taylor’s invocation of the right to

stop police questioning. That did not happen. The facts show the detectives used coercive tactics

to circumvent Taylor’s right to conclude interrogation, undermining his ability to receive a fair

trial. See People v. Salamon, 2022 IL 125722, ¶ 76 (observing that rule prohibiting admission of

an involuntary confession is rooted in self-incrimination clause of fifth amendment and due

process clause of fourteenth amendment). The more weakened the right, the easier its abuse.

¶ 64 Police locked Taylor inside an interrogation room for more than 30 hours, “check[ing] on

him” “at least every hour, if not a couple times per hour,” as night became day, day became night,

and night became day again. See Michigan v. Mosley, 423 U.S. 96, 104 (1975) (after Miranda

rights invoked, police must “scrupulously honor” right to cut off questioning).

¶ 65 To scrupulously honor the right to end questioning means the person in custody, not law

enforcement, “can control the time at which questioning occurs, the subjects discussed, and the

duration of the interrogation.” Mosley, 423 U.S. at 103-06. In Mosley, no more than six hours

passed between three key moments: (i) an “early afternoon” arrest, (ii) the defendant’s invocation

of this right 20 minutes into the initial interrogation, and (iii) the final interrogation two hours later.

Id. at 97-98, 104-05. During this time, the twice-Mirandized defendant went from one interrogation

room to a cell block and finally to a new interrogation room. Id. A new officer interrogated him

about a different crime in that third room. Id.

¶ 66 The majority’s analysis strips away Mosley’s context and recasts its holding as an abstract

four-factor test. In the majority’s view, courts ask whether (i) officers immediately stopped

questioning after the defendant’s invocation, (ii) a significant amount of time elapsed between

interrogations, (iii) officers gave a fresh set of Miranda warnings, and (iv) the next interrogation

- 24 - No. 1-22-0821

addressed a different crime. Supra ¶ 48. But, lost in the majority’s analysis is the sweep of time

detectives described at the hearing on Taylor’s motion to suppress.

¶ 67 Taylor was arrested around 9:13 p.m. on October 29, 2015, and two days later, around 8:15

a.m. on October 31, 2015, he participated in the final interrogation. He spent most of this time

locked in one interrogation room in which detectives admittedly “check[ed] on” Taylor—“at least

every hour, if not a couple times per hour.” A hospital room might be periodically checked

depending on the condition of the patient, not an arrestee locked in an interrogation room who has

invoked his Miranda rights.

¶ 68 Context matters because context shapes facts. Detectives first interrogated Taylor around

3:30 a.m., nearly six hours after his arrest. Having been Mirandized, Taylor invoked his right to

cut off questioning within five minutes, but detectives never left him alone. One of the detectives

who first interrogated Taylor admitted reappearing in the interrogation room about 80 minutes

later to ask Taylor demographic questions until Taylor’s silence over the next 10 minutes drove

the detective away. See People v. Nielson, 187 Ill. 2d. 271, 287 (1999) (physically conveying

desire to cut off questioning permissible where officer “interpreted defendant’s conduct” as a

“desire to terminate the interview”).

¶ 69 But only for a short time. Again, detectives admittedly “check[ed] on” Taylor—“at least

every hour, if not a couple times per hour.” Doing so was choreographed and deliberate, or, as

Taylor contends, psychological coercion. “[C]ustodial interrogation [is] ordinarily conducted by

officers who are acutely aware of the potentially incriminatory nature of the disclosures sought[.]”

(Internal quotations omitted.) People v. R.C., 108 Ill. 2d 349, 354-55 (1985) (citing Minnesota v.

Murphy, 465 U.S. 420 (1984)). And “the custodial setting is thought to contain inherently

- 25 - No. 1-22-0821

compelling pressures which work to undermine the individual’s will to resist and to compel him

to speak where he would not otherwise do so freely.” (Internal quotations omitted.) R.C., 108 Ill.

2d at 354-55 (same).

¶ 70 The majority’s focus on context-free factors trammels these basic truths. It overlooks how

our supreme court has “proscribed more subtle forms of police coercion, including psychological

pressure.” Salamon, 2022 IL 125722, ¶ 83.

¶ 71 What Taylor endured after invoking his rights dishonored Mosley’s holding that officers

scrupulously honor an invocation of the right to cut off questioning. See Mosley, 423 U.S. at 103-

06. So, little wonder Taylor’s first admissions occurred around 24 hours after his arrest, as the sun

had risen and set, but Taylor remained locked in a room without a night’s uninterrupted sleep. See

Salamon, 2022 IL 125722, ¶ 103 (noting “coercive impact of holding defendant, while handcuffed

to the wall, in a locked interrogation room for 24 hours without any ability to communicate with

the outside world”).

¶ 72 I would find the trial court erred by denying Taylor’s motion to suppress and remand for a

new trial. The State has not proven on appeal that its use of his confession was harmless beyond a

reasonable doubt. Generally, “for an error to be held harmless, a reviewing court must be satisfied

beyond a reasonable doubt that the error did not contribute to the defendant’s conviction.” People

v. St. Pierre, 122 Ill. 2d 95, 113-14 (1988). As Taylor stresses, the State’s sole eyewitness, the

shooting victim, offered a years-delayed identification, and the State had no DNA, gunshot residue,

or fingerprints tying Taylor to the shooting. Thus, though surveillance video captured a birds-eye

view of the shooting, the State pressed on Taylor’s confession in closing argument, which the trial

court naturally fastened to in finding Taylor guilty.

- 26 - No. 1-22-0821

¶ 73 Instead of “stretch[ing] forth a saving hand,” the majority’s decision legitimizes the

police’s handling of Michael Taylor’s invocation of his Miranda rights; police in Illinois now can

apply the same coercive behavior to others, thereby adding to the repertoire of subversion of the

right to remain silent.

¶ 74 I respectfully but resolutely dissent.

- 27 -