The People v. Rockola

178 N.E. 384, 346 Ill. 27
CourtIllinois Supreme Court
DecidedOctober 23, 1931
DocketNo. 20215. Judgment affirmed.
StatusPublished
Cited by31 cases

This text of 178 N.E. 384 (The People v. Rockola) 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
The People v. Rockola, 178 N.E. 384, 346 Ill. 27 (Ill. 1931).

Opinion

Mr. Chief Justice Stone

delivered the opinion of the court:

Plaintiff in error was a witness in the case of People vs. James N. O’Brien, who was charged with bribing one Frank J. Beran, custodian of lost property of the city of Chicago. The case was on trial in the criminal court of Cook county and Rockola had been called to the witness stand. He refused to answer questions put to him, on the ground that his answers would tend to incriminaté him. The State’s attorney thereupon filed with the court trying the cause a petition setting out that Rockola was a material and necessary witness to prove the allegations of the indictment against O’Brien and had stated to the assistant State’s attorneys that he was advised and assisted by O’Brien to make, and did make, certain payments to Beran to induce the latter to perform the duties of his office otherwise than is required by law and to cause and induce him to wrongfully permit a large number of slot machines to be removed from custody and to be delivered to Rockola, as agent of O’Brien. The petition also states that Rockola had testified in detail concerning those matters before the grand jury at a previous term of court and thereafter testified in open court in the case of People vs. Beran, in which Beran was charged with and convicted of bribery. The petition sets out in detail the statements made and testified to by Rockola and averred that no prosecution or proceedings for any violation of law growing out of his actions was pending against Rockola. The petition further averred that under section 35 (par. 82) of chapter 38 the court was authorized to grant immunity to Rockola from prosecution for all such matters as he might be required to testify to in the case then on trial against O’Brien. It also averred that unless Rockola be compelled to testify a miscarriage of justice would result. The prayer of the petition was that the court enter an order commanding Rockola to answer all questions relevant and material to the issue in the case against O’Brien and that an order be entered releasing him from all liability to prosecution and punishment for any matter to which he should be required to testify. On presentation of the petition to the court there was a hearing thereon, and the court on the same day entered an order finding that the court had jurisdiction of the subject matter and of Rockola, ordering Rockola to answer any question relevant and material to the issue in the case against O’Brien and releasing him “from all liability to be prosecuted or punished on account of any matter to which he may be required to testify.” Thereupon, on the same day, Rockola was recalled as a witness in open court. He was reminded by the court that he was still under oath. The order was read to him, and he stated that he understood it. Twenty-eight questions were put to him, two of which he answered but refused to answer the others, claiming a constitutional privilege. As each question was asked and Rockola refused to answer, the court ruled, “The court directs you to answer,” to which Rockola replied that he was declining to answer on the ground that his answer might incriminate him and was standing on his constitutional rights. The court thereupon entered an order which recited the whole proceeding, including apt reference to the petition, the order granting immunity, the questions, objections thereto, rulings on such objections, and answers of Rockola, and found Rockola guilty of contempt of court and sentenced him to six months in the county jail of Cook county. The order also recites that the conduct of Rockola took place in open court and was such as tended to impede and embarrass the court in the administration of justice, and that he was guilty of direct contempt.

Numerous grounds of error are assigned, the principal ones being that the questions propounded had no relation to the charge of bribery and the grant of immunity did not release Rockola from liability to be prosecuted concerning crimes which might be disclosed by his answers, and his refusal to answer was therefore not contemptuous; that the questions asked, being incompetent, irrelevant and immaterial, could not be made the basis of contempt for refusal to answer them; that the indictment in the case failed to charge a crime, and that the order finding Rockola guilty was void as lacking jurisdiction.

The constitutional guaranties underlying the right of one to be saved from giving evidence against himself, and the rules governing immunity granted under section 35 of chapter 38 of the statute, have been so many times discussed by this court that it is unnecessary to re-state those principles. In People v. Boyle, 312 Ill. 586, the subject was discussed at length and the rule there laid down. Unless protected by an authorized immunity order no witness can be required to give testimony which either directly or indirectly tends to incriminate him or to form a link in a chain of circumstances that might result in punishment for crime. The rule was also announced in People v. Boyle, supra, that the witness, by reason of circumstances apparent to him though not to anyone else, may have reasonable ground to apprehend danger from his answer, and that latitude is given the witness in judging for himself the effect of any particular question. These rules are so thoroughly settled in this and other States that citation of authorities is unnecessary. It was because of this constitutional right and because of the inherent difficulty in procuring evidence in bribery cases that section 35 of chapter 38 was enacted. In order that such a statute be valid it must be as broad as the constitutional guaranty, since it must provide a complete substitute for the guaranty that no witness shall be compelled to give evidence against himself. While the People may not ask questions of a witness calling for self-incriminating answers which do not show some relation to the bribery charge being tried or investigated, if such questions are so related the order granting him immunity is a complete protection to the witness, and he is not excused from answering the question because his answer may furnish a link in the chain of evidence against him for some„ other or different offense. The order of immunity protects him. People v. Boyle, supra.

There is much argument in the briefs about the right of a witness to refuse to answer, and numerous cases are cited which have to do with the constitutional right of the witness in the absence of a valid order of the court granting immunity. In People v. Rockola, 339 Ill. 474, this same plaintiff in error was found guilty of contempt for refusing to answer questions on the trial of O’Brien on a charge of conspiracy to commit bribery, and the judgment against Rockola was by this court reversed for the reason that power in the court to grant immunity to a witness under section 35 of chapter 38 of the statute does not extend to the crime of conspiracy to commit bribery. The constitutional guaranty pertaining to the right of a witness to refuse to answer on the ground of self-incrimination where the charge being investigated is bribery is superseded in this State by a valid order granting him complete immunity. The order being valid, the witness has no more right to refuse to answer than he would have if his answers did not incriminate him. The immunity order protects him and is a complete substitute for his constitutional guaranty. It is not the purpose of the constitution to save a witness from embarrassment, disgrace or opprobrium arising out of the exposure of a crime, and the fact that his answers may tend to degrade him does not permit him to refuse to testify.

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Bluebook (online)
178 N.E. 384, 346 Ill. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-rockola-ill-1931.