People v. Bennett

• Decision Date: 12 September 2007
• Docket Number: No. 1-05-3038.,1-05-3038.
• Citation: 876 N.E.2d 256
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aaron BENNETT, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

876 N.E.2d 256

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aaron BENNETT, Defendant-Appellant.

No. 1-05-3038.

Appellate Court of Illinois, First District, Third Division.

September 12, 2007.

Rehearing Denied October 23, 2007.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald and Janet C. Mahoney, Assistant State's Attorneys, of counsel), for Appellees.

Office of State Appellate Defender, Chicago (Michael J. Pelletier, Deputy Defender, Robert Hirschhorn, Assistant Appellate Defender, of counsel), for Appellee

Presiding Justice QUINN delivered the opinion of the court:

Following a jury trial, defendant Aaron Bennett was found guilty of first degree murder and sentenced to 60 years in prison. On appeal, defendant contends that: (1) the circuit court erred in denying his motion to quash his arrest and suppress evidence; (2) the circuit court erred in denying his motion to suppress his statements; and (3) the circuit court erred in barring his expert from presenting testimony regarding defendant's interrogative suggestibility or, alternatively, in failing to conduct a hearing to assess whether the expert's testing was accepted within the field for purposes of admissibility. For the following reasons, we affirm.

I. BACKGROUND

Defendant was arrested and subsequently indicted on four counts of first degree murder in connection with the shooting death of Shawn Alexander on November 18, 2002, in Maywood, Illinois. Prior to trial, defendant filed a motion to quash his arrest and suppress evidence alleging that the arresting officer had acted without an arrest warrant, or without probable cause that defendant had committed or was about to commit a crime.

At the hearing on that motion, Maywood police officer Arian Wade testified that on November 18, 2002, he was on patrol in a marked squad car in Maywood, Illinois. At about 6:50 p.m., Officer Wade testified that he was in the area of Eighth Avenue and Pine Street when he received a radio transmission stating that there was a "man down" in the Auto Zone parking lot, located at 710 South 5th Avenue. Officer Wade testified that the transmission also stated that "the offender" was running southbound on 6th Avenue and that he was a black male wearing a black "hoodie." As Officer Wade drove toward the area, he received a second transmission stating that the offender went northbound on 6th Avenue away from the Auto Zone. Officer Wade made a "U-turn" at 6th Avenue and Washington Street, and began driving northbound on 6th Avenue.

Officer Wade testified that as he was driving, he saw a black male wearing a black hoodie run across 6th Avenue and continue running westbound on Pine Street. Officer Wade testified that approximately one or two minutes had passed between the time he heard the radio transmissions and when he saw the individual run across 6th Avenue. Officer Wade identified defendant as the individual that he saw run across 6th Avenue. Officer Wade testified that after seeing defendant, he drove up to defendant and asked defendant to walk over to the squad car. Officer Wade exited the squad car, placed his hand on defendant's chest, and felt that defendant had a rapid heart beat. Defendant then stated, "I didn't shoot anybody." Officer Wade asked defendant what he was talking about, then defendant did not say anything.

Officer Wade testified that he placed defendant in the back of the squad car and drove to the Auto Zone parking lot, which was two blocks from where he located defendant. When Officer Wade pulled into the parking lot, Darryl Watson approached the squad car, pointed to the back of the vehicle where defendant was seated, and stated "That is the one who did this." Officer Wade then learned that Watson was referring to defendant as the individual who shot the victim, Alexander, in the Auto Zone parking lot.

Following arguments on the motion, the circuit court found that Officer Wade acted reasonably based upon the information that he had when he stopped defendant, whom Officer Wade found running in the area and matching the description provided by the radio transmission. While the court noted that the description of a "black male with a black hoodie" was not unusual, the court found that there was probable cause and denied defendant's motion to quash his arrest and suppress evidence.

Prior to trial, defendant also filed a motion to suppress any and all oral or written communications, confessions, statements, or admissions, whether inculpatory or exculpatory, made by the defendant prior to, at the time of, and subsequent to his arrest. In that motion, defendant stated that he was arrested at about 7 p.m. on November 18, 2002, but not brought before a magistrate for a probable cause hearing until 9:30 a.m., on November 22, 2002. Defendant noted that an incriminating statement was elicited from him about 60 hours into his detention. Defendant argued that this delay violated his right to a probable cause determination by a judicial officer within 48 hours of a warrantless arrest.

At the hearing on defendant's motion to suppress, transcripts from prior hearings were admitted into evidence, including from defendant's motion to quash his arrest and suppress evidence, motion to suppress a lineup identification, and motion to suppress defendant's videotaped confession. The transcripts included the testimony of Officer Wade, previously described. The transcripts also included the testimony of Darryl Watson, who testified that on November 18, 2002, he accompanied his nephew, Alexander, to the Auto Zone, where they obtained a tool to fix a headlight on Alexander's vehicle. While Alexander was fixing the headlight, Watson saw a black male wearing a "Blackhawks jogging suit" approach Alexander from behind and shoot Alexander. The police were called to the scene and Watson testified that he provided police with a description of the shooter and his attire. While at the scene, a second squad car arrived with an individual in the vehicle. Watson testified that he approached the second squad car, saw defendant inside the vehicle, and identified defendant as the shooter. Watson testified that he later identified defendant in a police lineup.

Sergeant James Robinson testified that on November 18, 2002, he was involved in the homicide investigation, in which Alexander was shot in the parking lot of the Auto Zone. Sergeant Robinson testified that just after 7 p.m., Officer Retwell brought defendant into the police station. Sergeant Robinson testified that he immediately realized that defendant had not been read his Miranda rights. Sergeant Robinson testified that he immediately obtained a Miranda rights form, read the form to defendant, and obtained defendant's signature. Sergeant Robinson and Officer Retwell signed the form as witnesses. Sergeant Robinson testified that defendant indicated that he understood his rights and that he would waive his Miranda rights and talk to the police. Sergeant Robinson testified that defendant did not state that he wanted to remain silent or that he wanted an attorney present.

Assistant State's Attorney (ASA) Rob Sparano testified that just before midnight on November 18, 2002, he arrived at the Maywood police station. ASA Sparano and Detective Fortenberry interviewed defendant. Prior to the interview, ASA Sparano read defendant his Miranda rights from a preprinted form. Defendant indicated that he understood his rights, that he agreed to waive those rights, and that he wished to speak with ASA Sparano. Defendant signed the preprinted form indicating that he understood his rights, and included the time and date on the form. ASA Sparano and Detective Fortenberry also signed the form as witnesses. ASA Sparano testified that during the interview, defendant was always responsive to his questions and never indicated that he had any trouble understanding questions. ASA Sparano asked defendant what school he attended, and defendant stated that he attended Pace School. ASA Sparano testified that he was not familiar with Pace School.

Detective Randy Brown testified that at about 4 p.m., on November 19, 2002, he interviewed defendant. After defendant acknowledged and waived his Miranda rights, defendant told Detective Brown that he had been present at the time of the shooting at Auto Zone. Defendant stated that he observed Jerome Gill shoot the victim. Detective Brown indicated that at the time he interviewed defendant, defendant had been in custody for less than 24 hours. Detective Brown testified that police officers began looking for Gill and located him on the evening of November 20, 2002. On the following day, November 21, 2002, a police lineup was conducted, which included both Gill and defendant. Watson viewed the lineup and identified defendant as the shooter.

Prior to the police lineup, ASA Margaret Menzenberger was summoned to the police station on the evening of November 19, 2002. ASA Menzenberger testified that at about 9:30 p.m., she and Detective Fortenberry met with defendant. ASA Menzenberger advised defendant of his Miranda rights, using the same form that ASA Sparano had previously used. Defendant acknowledged his signature on the preprinted form and his initials after each of the rights listed on the form. Defendant indicated that he understood his rights and that he agreed to waive those rights and talk to ASA Menzenberger. ASA Menzenberger spoke with defendant for about 30 to 40 minutes. ASA Menzenberger testified that she did not attempt to determine defendant's educational level and did not ask him if he could read or write. ASA Menzenberger testified that defendant never appeared unresponsive or unable to understand questions, and defendant was very cooperative and talkative.

After the police lineup, ASA Christopher Bemben was summoned to the police station. ASA Bemben testified that he and Detective Brown met with defendant at the police station between 4 and 4:45...