People v. Washington

842 N.E.2d 1193, 363 Ill. App. 3d 13, 299 Ill. Dec. 841, 2006 Ill. App. LEXIS 24
CourtAppellate Court of Illinois
DecidedJanuary 24, 2006
Docket1-02-2893
StatusPublished
Cited by22 cases

This text of 842 N.E.2d 1193 (People v. Washington) 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. Washington, 842 N.E.2d 1193, 363 Ill. App. 3d 13, 299 Ill. Dec. 841, 2006 Ill. App. LEXIS 24 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE GARCIA

delivered the opinion of the court.

In August 2002, a jury found the defendant, Ramona Washington, guilty of first-degree murder (720 ILCS 5/9 — 1(a)(1) (West 2000)). The trial court sentenced the defendant to a prison term of 20 years. The defendant appeals her conviction, raising four issues, only two of which we address: (1) whether the trial court erred in admitting evidence regarding the scheduled polygraph examination and (2) whether the trial court erred in denying her motion to quash her arrest and suppress statements. For the reasons that follow, we reverse the defendant’s conviction and remand the case for a new trial.

I. BACKGROUND

On December 6, 2000, the defendant found the victim, 78-year-old Joseph Valladay, dead in his bedroom in the apartment they shared. The defendant called 911 from a neighbor’s house and waited with her friend, Ena Mills, in the gangway for emergency personnel to arrive. The defendant and the victim had been living together in a basement apartment for eight or nine months. In November 2000, they had been informed by the new owners of their building that they would have to vacate their apartment by early December. The new owners then disconnected their lights, heat, and hot water.

Detectives Catherine Rolewicz and Mark O’Connor were assigned to investigate the victim’s death. When they arrived on the scene, they spoke with the defendant outside the apartment. The defendant identified herself as the victim’s granddaughter and told the detectives that she found the victim dead in his bedroom that afternoon. Rolewicz testified that the apartment did not have heat or electricity; it was dark and officers had to use flashlights to investigate.

Detective Rolewicz found the victim in his bedroom, lying on his bed with his feet on the floor. Rolewicz observed bruising and lacerations on the victim’s head and face that appeared to be several days old. She also observed blood in the victim’s room and on the doorjamb and stains on the wall that appeared to have been wiped down. Behind the apartment’s front door, she observed a wooden two-by-four board with brownish stains that appeared to be blood.

The parties stipulated that swabs of blood taken from the two-by-four board, the doorjamb, and the hallway matched the victim’s DNA, and a swab taken from the wall near the bedroom door matched the defendant’s DNA.

After observing the victim, Detective Rolewicz spoke with the defendant in the apartment. Rolewicz asked the defendant about the victim’s injuries and the defendant informed her that the victim had been robbed four or five days earlier while walking home from a store on 63rd Street. The detectives then asked the defendant and Mills to accompany them to the Area 2 police station for additional questioning. At 6:30 p.m., the defendant was driven in a marked police car to Area 2.

During the hearing on the defendant’s motion to quash arrest, Detective O’Connor testified that after observing the victim and his apartment, he believed that there was a possibility that the victim was beaten inside the apartment and did not sustain his injuries in a robbery. O’Connor testified that based on that possibility, he asked the defendant to accompany him to Area 2 to continue the investigation. He testified that the defendant was cooperating in the investigation.

At 10 p.m., Detective O’Connor interviewed the defendant in a conference room and asked her about the blood in the apartment. She indicated that she did not notice the blood and that she did not try to wash the walls. O’Connor then sought to verify the defendant’s contention that the victim was robbed several days earlier. According to O’Connor, he decided to keep the defendant at the police station until he could verify her statements. At some point after O’Connor interviewed the defendant, she was placed in an interview room, where she slept on a hard bench. The interview room was locked for at least part of the time that the defendant was in the room.

At 9 a.m., on December 7, 2000, Detective O’Connor spoke to the defendant again and she agreed to take a polygraph test. She remained in the interview room until 5:15 p.m., when she was transported by Detective James Washburn to the polygraph unit at Homan Square.

At trial, Detective Washburn testified that he drove the defendant to Homan Square in a marked police vehicle. When Washburn first got into the car, he introduced himself and advised the defendant of her rights under Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966). Washburn testified that he and the defendant made small talk about the weather and snowstorm. The defendant then asked him about the polygraph examination. After he explained how the exam worked and what it measured, the defendant told Washburn “I did it.” Washburn asked what she did, and she replied that she killed the victim. She stated that she and the victim had argued about moving to a new apartment, the victim grabbed or hit her, she got away, grabbed the board, and hit him with it. Washburn then placed the defendant under arrest.

After they arrived at Homan Square, Detective Washburn told Detective O’Connor, who had been driving the defendant’s friend Mills to the same location, about the defendant’s statement. The detectives then returned the defendant to Area 2 without administering the polygraph examination. O’Connor and Washburn interviewed the defendant at 7 p.m., at Area 2. After they gave the defendant her Miranda warnings, she relayed much of the same information that she had told Washburn earlier. In addition, she stated that the victim tried to grab her around the throat and that they fell to the ground. While they were on the ground, the defendant punched the victim four times. The victim tried to punch the defendant when she grabbed the board. The defendant told the detectives that she struck the victim several times and that he fell to the ground. She then helped him up and cleaned him off. She also tried to clean the blood off of the walls. She told the officers that she did not mean to hurt the victim.

At 8:30 p.m., Assistant State’s Attorney Scott Herbert interviewed the defendant with Detective Washburn. In addition to relating the same facts that she told Detectives O’Connor and Washburn, the defendant told Herbert that she and the victim were arguing about getting a new apartment and that he turned his back and walked away from her. Herbert asked the defendant about marks on her neck and she stated that the victim did not make them. The defendant’s statement was not memorialized that night because the medical examiner’s office had not definitively determined the cause of death. The medical examiner was waiting on additional information from the police investigation before doing so.

On December 8, 2000, the medical examiner ruled the victim’s death a homicide. Doctor Aldo Fusaro testified that the victim died of multiple blunt force injuries due to assault. The victim had multiple broken ribs that hampered his breathing. The victim also had emphysema, which contributed to his death.

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Cite This Page — Counsel Stack

Bluebook (online)
842 N.E.2d 1193, 363 Ill. App. 3d 13, 299 Ill. Dec. 841, 2006 Ill. App. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-washington-illappct-2006.