People v. Traina

595 N.E.2d 635, 230 Ill. App. 3d 149, 172 Ill. Dec. 274, 1992 Ill. App. LEXIS 1000
CourtAppellate Court of Illinois
DecidedJune 22, 1992
Docket5-90-0390
StatusPublished
Cited by16 cases

This text of 595 N.E.2d 635 (People v. Traina) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Traina, 595 N.E.2d 635, 230 Ill. App. 3d 149, 172 Ill. Dec. 274, 1992 Ill. App. LEXIS 1000 (Ill. Ct. App. 1992).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Defendant, Alexander Michael Traína, was found guilty of two counts of armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2(a)) and two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(a)(1)) after a stipulated bench trial. Defendant was sentenced to concurrent 15-year terms of imprisonment for the armed robbery counts and to concurrent terms of 25 years’ imprisonment for the aggravated criminal sexual assault counts. Defendant appeals his conviction arguing (1) that he was denied a fair hearing on his motion to suppress statements where the trial court did not remember significant evidence presented in support of the motion, and (2) that his sentence is excessive where the trial court considered improper aggravating factors and gave insufficient weight to defendant’s rehabilitative potential. For the reasons that follow, we affirm the decision of the trial court.

Defendant filed a motion to suppress which alleged, inter alia, that his confession to police was not knowing, intelligent and voluntary due to their psychological coercion and failure to honor his request for counsel. At the hearing on the motion, Officer William Krause, Sergeant Michael Chosich, Captain Gerald Pinkerton and Police Chief Don Knight, all of the Granite City police department, testified on behalf of the State.

Officer Krause testified that he and Captain Pinkerton had transported defendant from Markham City, Illinois, near Chicago, to Granite City for trial. Shortly after they began the trip to Granite City, defendant “just started talking” about the offenses. Neither officer had asked defendant any prior questions, and when defendant began to talk, Krause immediately read defendant the Miranda warnings. Krause stated that defendant acknowledged understanding these rights and told them that while he did not mind talking about the incident, he would not furnish a written statement.

Krause testified that defendant admitted committing the offenses and talked freely to the officers for most of the trip, which lasted about five hours. Defendant never requested counsel, and Krause denied that either he or Pinkerton had made promises or had threatened or coerced defendant in any way. Krause testified that Pinkerton furnished defendant with cigarettes during the trip and that at one point they stopped to eat and gave defendant a hamburger. The officers stopped later for gas and cigarettes for Pinkerton and defendant, but Krause and Pinkerton denied that the four packs of cigarettes given to defendant at that time were in return for defendant’s statement. Krause stated that upon reaching the Granite City area, Pinkerton asked defendant to show them where the robbery had occurred and where he had thrown the wallet taken in the robbery. Defendant showed them these locations and the officers then took defendant to the Madison County sheriff’s department.

Captain Pinkerton testified in substantial accord with Officer Krause. In Markham City, the Illinois Department of Criminal Investigation (DCI) agents who had arrested defendant informed Pinkerton that defendant was nervous and that he liked cigarettes. Defendant was security-belted and handcuffed in the back seat during the ride to Granite City. After “just a couple of blocks,” defendant started talking about the armed robbery. Pinkerton cautioned Krause to read defendant his Miranda rights, and defendant said that he had “heard them before.” Pinkerton testified that he was a “chain-smoker” and had given defendant a cigarette every time he himself lit one, but that defendant had started talking prior to being given cigarettes. Pinkerton told defendant when they were approximately half way to Granite City that one of his victims was the police chiefs wife.

Sergeant Chosich and Chief Knight, who was then a sergeant, testified that they had interviewed defendant soon after he arrived at the Madison County jail on May 27, 1987. Knight furnished defendant with a constitutional-rights-and-wamings form, which defendant read, initialed and signed. Chosich stated that defendant had agreed to give a written statement and never requested counsel. Both Chosich and Knight testified that defendant was never threatened or abused in any way.

Chief Knight further testified that either Pinkerton or Krause had told him that defendant smoked, and Knight shared his cigarettes with defendant during the hour-long interview. When recalled by the State, Knight testified that he had no independent recollection of whether defendant had said, “Maybe I need a lawyer.”

Defendant testified that he had been arrested on May 26, 1987, as he left his motel room in the Chicago area. Three or four detectives had pulled up in a car, pointed guns at him, and thrown him on the ground. Defendant stated that the detectives “[sjtuck pistols in my head and told me not to breathe because they were going to blow my brains out if I breathed.” Defendant stated that he was “tossed in the car,” told he was under arrest, handcuffed and taken to DCI headquarters in Hazel Crest. Defendant testified that he was “never arrested so violently,” and that this arrest had been “totally different from anything that’s ever happened.”

Concerning his interview with DCI officers, defendant testified as follows:

“They told me that the Chief of Police’s wife in Granite City was an alleged victim in this case that they were looking for and Granite City had a bad reputation for abusing witnesses and that they had heard about the reputation down there already. And they, you know, they said you better, it’s kind of rugged because it is the Chief of Police’s wife. So it is a heavy-duty thing.
* * *
He said they had a reputation for manhandling people, you know, working people over in Granite City. He said they had heard about it down there, in Hazel Crest. They heard about some of the things that happened to some of the accused in Granite City. And that, you know, he said if you cooperate with them, they would look at it differently because — that you should worry because there’s the Chief of Police’s wife up there and they are really pepped up about it. It’s a big deal to them.”

Defendant stated that he was “rattled” and “really intimidated, almost to the state of shock.” Defendant further described himself as “really shaken” and “scared by everything that happened.” Defendant had requested cigarettes during the DCI interview and was brought two packs of his brand and a cup of coffee. From DCI headquarters, defendant was transported to the Markham City jail. Following a court appearance, Granite City police picked defendant up at 10:30 a.m. the next morning and shackled his hands and feet.

Defendant testified that at some point one of the Granite City officers read him his rights. Defendant stated that he might have rambled during the trip to Granite City, explaining: “I was scared. I talked — if I get real, real nervous, I talk. I’ll ramble just to keep talking, almost trying to make them calmer. If I’m keeping conversation going with them, they’re not going to get hostile.” Defendant stated that he did not request counsel from the transporting officers because he “was trying to placate them.”

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Bluebook (online)
595 N.E.2d 635, 230 Ill. App. 3d 149, 172 Ill. Dec. 274, 1992 Ill. App. LEXIS 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-traina-illappct-1992.