People v. Daniel, 1-91-0845

• Decision Date: 30 September 1992
• Docket Number: No. 1-91-0845,1-91-0845
• Citation: 606 N.E.2d 94,238 Ill.App.3d 19
• Parties: , 179 Ill.Dec. 262 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Hortez DANIEL, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 94

606 N.E.2d 94

238 Ill.App.3d 19, 179 Ill.Dec. 262

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Hortez DANIEL, Defendant-Appellant.

No. 1-91-0845.

Appellate Court of Illinois,

First District, Fourth Division.

Sept. 30, 1992.

Rehearing Denied Dec. 3, 1992.

Rita A. Fry, First Asst. Public Defender, Chicago (Andrea Monsees, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Asst. State's Atty., Gael O'Brien, Sp. Asst. State's Atty. and Jeanne Lobelson, Asst. State's Atty., of counsel), for plaintiff-appellee.

Justice LINN delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant, Hortez Daniel, was convicted of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)); armed robbery (Ill.Rev.Stat.1989, ch. 38, par. 18-2); and residential burglary (Ill.Rev.Stat.1989, ch. 38, par. 19-3). The trial court sentenced defendant to three concurrent prison terms ranging from 15 to 70 years.

Defendant appeals, contending the trial court should have suppressed: (1) his confession, and (2) the fruits of a warrantless search of his car. Defendant also contends (3) his sentence was improper and excessive.

We affirm the judgment of the trial court.

Background

The record contains the following pertinent facts. On July 10, 1990, defendant was charged in a 14-count indictment with 8 counts of first degree murder, 2 counts of home invasion, 1 count of armed robbery, 1 count of robbery, and 2 counts of residential burglary.

A.

On November 16, 1990, the trial court held a hearing on defendant's Motion to Suppress Statements. The State's evidence was essentially as follows. On June 13, 1990, Chicago Police Detective Ellen Moran was investigating the murder of Eulis Reese. At approximately 10:30 a.m., as part of the investigation, Detective Moran and other Chicago police officers brought to a police station defendant; his father, Horace; his grandmother, Bernice; his cousin; and Horace's girlfriend. Defendant and his family were taken in two squad cars. Detective Moran could not remember whether defendant was placed in a squad car separate from his family.

At the police station, Detective Moran first questioned Horace's girlfriend. During this time, defendant was with his family. At approximately 12 noon, Moran took defendant to a second-floor interview room and questioned him for roughly one hour. From approximately 1:30 p.m. to 6:30 p.m., Moran investigated the information that defendant gave to her. She then briefed the next watch assigned to the case.

Chicago Police Detective George Holmes came on duty on June 13, 1990, at 4:30 p.m. His partner was Detective George Tracy. Defendant was still in the station's second-floor interview room. At approximately 7 p.m., Detective Holmes arrested defendant for the murder of Eulis Reese. At approximately 7:25 p.m., Detective Holmes advised defendant of his constitutional rights and, because defendant was 16 years old, also advised defendant that he could be charged as an adult. Defendant responded that he understood each of his rights. In the room with Detective Holmes was Chicago Police Department Youth Officer Carol Kilgore. The door to the room did not lock and defendant was not handcuffed. Defendant agreed to talk with Detective Holmes and they spoke for about an hour. Defendant did not appear upset and was able to answer questions.

At approximately 10 p.m., Detective Holmes again spoke with defendant in the presence of Youth Officer Kilgore. The conversation lasted for about 10 minutes. Defendant again appeared natural and normal.

Kilgore remained with defendant in the interview room from their 7:25 p.m. conversation until the end of her shift at midnight. Further, neither Kilgore nor anyone in her presence threatened or mentally coerced defendant. Also, defendant did not display any condition that rendered him unable to understand his constitutional rights.

Although Horace remained at the police station throughout the day, Detective Holmes could not recall whether Horace spoke with defendant subsequent to his arrest. However, Horace was allowed to bring defendant food. At approximately 1:30 a.m. on June 14, Horace left the station.

At roughly 2:15 a.m., Detectives Holmes and Tracy spoke with defendant for 10 to 30 minutes. Thereafter, Holmes and Tracy, joined by Detectives Robert Utter and George Carey, took defendant with them on a field investigation. Defendant was handcuffed when they left the station. They went to one location, where they unsuccessfully searched for someone. They thereafter went to a second location, where they unsuccessfully searched for an object.

At approximately 3:30 a.m., the detectives then took defendant to Horace's home. Defendant and the four detectives met with Horace, Horace's girlfriend, and defendant's grandmother. In their presence, defendant made statements that implicated him in the crime. The detectives also recovered evidence from the residence. Defendant made additional statements as he left Horace's residence.

Detectives Holmes and Tracy then took defendant to the home of his friend and high school classmate Sergio Thomas. Detectives Carey and Utter followed. At Thomas' home, the detectives recovered additional evidence. At approximately 4:30 a.m., the detectives took defendant and Thomas back to the police station.

Detectives Holmes and Tracy returned defendant to the second-floor interview room and removed his handcuffs. At approximately 5:15 a.m., the detectives again spoke with defendant. He was again advised of his constitutional rights, to which he again responded that he understood each of his rights. They spoke for roughly 30 minutes. During this conversation, defendant made a confession. The detectives then requested the presence of an assistant state's attorney.

Throughout the field investigation that morning and during the 5:15 a.m. conversation, each of the four detectives observed that defendant was alert and coherent, responsive and cooperative. Defendant did not appear to have any physical, psychological, educational, or emotional condition that rendered him incapable of understanding and appreciating his constitutional rights. Each detective testified that neither he, nor anyone in his presence, threatened or mentally coerced defendant.

Assistant State's Attorney Aaron Iverson arrived at the police station and spoke with defendant at approximately 7 a.m. Detective Holmes was present at the beginning of the interview. Iverson explained to defendant that he worked with the police and was not defendant's lawyer. Iverson also informed defendant of his constitutional rights. Defendant was not in handcuffs and appeared alert and calm. Defendant and Iverson spoke for roughly one hour. Defendant agreed to repeat his confession in the presence of a court reporter.

Chicago Police Department Youth Officer Donald Petersen spoke with defendant at approximately 8:35 a.m. He advised defendant of his constitutional rights and of the possibility that he could be tried as an adult for the offense of murder. Defendant responded that he understood these rights and admonition. Defendant spoke with Petersen for approximately 10 minutes, during which time Detective Moran was in the room periodically. Defendant was not handcuffed. He appeared relaxed and alert, and did not appear to have any physical, mental, educational, or emotional condition that prevented him from understanding his constitutional rights. In response to Petersen's questions, defendant stated that he had eaten and that he was "okay." Neither Officer Petersen nor anyone in his presence threatened or mentally coerced defendant. During this conversation, defendant did not tell Petersen that he had been struck, threatened, or mistreated in anyway by anyone.

Prior to the arrival of the court reporter, defendant went to sleep. When the court reporter arrived, defendant was allowed 5 or 6 minutes to wake up. At approximately 9:37 a.m., defendant was again advised of his constitutional rights, and then he repeated his confession, which the court reporter transcribed. With defendant and the court reporter were Iverson, Detective Moran, and Youth Officer Petersen.

Defendant stated that he was making the confession voluntarily. He had received food, drink, and a cigarette. He was not denied use of the washroom.

However, near the end of the confession, defendant indicated that he had been threatened by a police officer sometime during the early morning. Specifically, a man, using profanity, "threatened to beat [defendant's] head in the wall." Defendant was threatened a total of three times during this encounter. In response to Iverson's questions, defendant stated: he was never actually hit; the person who threatened him was not in the room at that time; the officer did not tell defendant that he had to give the statement or be hit; and that defendant had given the statement voluntarily because "that's what actually happened." Defendant read, made corrections to, and signed the typed statement.

Defendant was the sole defense witness on the motion to suppress. Defendant's testimony was essentially as follows. In cooperation with the police, defendant and his family went to the police station to assist the police in their investigation of the victim's death. When defendant and his family were transported to the police station, he rode in a separate squad car with only the police. Upon their arrival, defendant was taken to a waiting room. He remained in that room throughout the day. He was not handcuffed while he was in the police station.

During the 7:25 p.m. conversation with Detective Holmes and Officer Kilgore, defendant was told that the detectives had recovered a gun from his car. Defendant was further told that Horace identified the gun as the one taken from the victim's home. During the 10 p.m. conversation with...