People v. Gorman
| Decision Date | 17 January 1991 |
| Docket Number | No. 4-90-0177,4-90-0177 |
| Citation | 565 N.E.2d 1349,207 Ill.App.3d 461 |
| Parties | , 152 Ill.Dec. 431 The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Connor K. GORMAN, Glenn R. Schicker, and Aleck A. Zavalis, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellant.
Arthur M. Lerner, Lerner & Kirchner, Champaign, for Connor Gorman.
George F. Taseff, Harold M. Jennings, Bloomington, for Glenn R. Schicker.
J. Steven Beckett, Beckett & Crewell, Champaign, for Aleck Zavalis.
Defendants Connor Gorman, Glenn Schicker, and Aleck Zavalis were charged with two counts of arson (Ill.Rev.Stat.1989, ch. 38, par. 20-1) arising from the September 24, 1989, fire at Memorial Stadium on the campus of the University of Illinois (University). The three defendants were individually questioned by University police department investigators, but none of them was given the Miranda warnings prior to being interviewed. The trial court granted defendants' motions to suppress the statements they made in response to this questioning. The State appeals the suppression order.
We affirm.
On September 24, 1989, a fire at Memorial Stadium significantly damaged the Astroturf playing field. An accelerant had been used to ignite the Astroturf surface, resulting in a fire which caused over $600,000 in damage.
On October 6, 1989, University police received a tip suggesting that Zavalis and two other unnamed persons were responsible for the fire. Acting on this tip, University police investigators Michael J. Costa and Steven Trame went to Zavalis' apartment on October 9, 1989, to interview him concerning the fire. Zavalis was out of town on that date, so Costa and Trame returned to the apartment at approximately 8 a.m. the next morning. They knocked on the door, and it was answered by Schicker. Because Schicker matched the description of one of the unnamed persons, Costa immediately viewed Schicker as a suspect. Costa and Trame identified themselves as University police officers and asked the whereabouts of Zavalis. Schicker told them that Zavalis had left the apartment and inquired as to the subject matter of their visit. The investigators declined to tell Schicker the nature of their business. Shortly thereafter, Zavalis returned to the apartment. The investigators were again asked the nature of their business, and they again declined to answer. They told Schicker and Zavalis that they wished to talk with all the residents of the apartment. Schicker then left the living room, went upstairs, and woke two other roommates, Kevin Abel and Gorman. A fifth roommate, Brian Pianfetti, whose bedroom was adjacent to the living room, also entered the apartment living room. When Gorman entered the living room, Costa also viewed him as a suspect because he matched the description of the other unnamed individual.
When all five roommates were assembled in the living room, the investigators stated they were interested in interviewing them at the University police station in Urbana. Pianfetti asked the investigators the nature of their business, and again Costa and Trame declined to tell them, stating that they preferred instead to inform the students at the police station. Schicker told the investigators that he had an exam that morning, so he arranged to meet them at 10:30 a.m. instead. Abel notified the investigators that he had a term paper to finish, so he arranged to meet them at the police station at 2 p.m. that afternoon.
The investigators asked the remaining three students whether they were available for an interview that morning. The testimony at the hearing on the motion to suppress was in conflict regarding Costa's response. Zavalis testified that he told the investigators he had to go to class and that Costa told him class could wait. Costa testified that he could not remember telling Zavalis that he should miss his class.
Zavalis, Gorman, and Pianfetti then went with Costa and Trame to the University police station. The students were transported to the station in an unmarked police car. The police car contained a police radio, but did not have a cage between the front and backseats or backdoors that locked automatically. The students were not handcuffed and rode together in the backseat of the car. Costa and Trame gave different explanations for why the students were encouraged to ride with them to the station. Costa testified that he offered the students a ride because of the limited availability of parking on campus. Trame testified that Costa offered the students a ride because "it was cold out that morning and it was quite far away" from the apartment to the police station. Zavalis and Gorman testified that they did not believe they had any choice but to go to the station with the officers.
At the station, the students were separated; Pianfetti and Gorman were placed in one room while Zavalis was placed in Lieutenant Kristal Fitzpatrick's office. Fitzpatrick's office measured approximately six feet by eight feet and contained a desk and chairs. At one point, while waiting for the interviews to begin, Zavalis briefly left the office, but was told by a University police officer to return to the office and sit down.
Zavalis was interviewed by Costa. Costa entered Fitzpatrick's office, closed the door, and sat in a chair next to Zavalis. He told Zavalis that he could leave at any time, but Zavalis testified that his impression was that he was not free to leave. Fairly early in the interview, Zavalis told Costa that he might be interested in obtaining a lawyer. Zavalis testified that Costa asked him, "Are you sure you want to talk to a lawyer?" Costa reported that he advised Zavalis that, "If he wanted to contact a lawyer at this time he was free to do so." Zavalis decided to continue the interview. Subsequently, Zavalis made the statements to Costa that were the subject of his motion to suppress. Following the interview the police drove Zavalis back to his apartment.
Trame interviewed Gorman in a room measuring six feet by nine feet. The room's sliding door was closed, but did not shut all the way. Trame sat across from Gorman during the interview. He told Gorman that he was not under arrest and that he was free to go after the interview was over, but not until it was over. Gorman at first denied involvement in the stadium fire, at which point Trame left the room. Trame returned five minutes later and told Gorman that fingerprints on matches, a football stadium goal post, and a charcoal lighter fluid container linked him and Zavalis to the fire. Trame also suggested a hypothetical scenario of two or three college students getting drunk and mischievously setting fire to the Astroturf by mistake. Gorman requested to leave the room and to talk to his roommates, but Trame told Gorman that his roommates were being interviewed and that he would not be allowed to talk to them at that time. Trame again encouraged Gorman to confess, adding that it was probably the fault of the company that manufactured the turf that the stadium carpet burned. Trame again suggested a scenario of college pranksters whose fun got out of control. At that point, Gorman made the statements that were the subject of his motion to suppress.
After Gorman made his inculpatory statements, Trame left the interview room and informed his supervisor, Fitzpatrick, of what Gorman had said. Soon thereafter, Fitzpatrick or some other officer contacted the Champaign County State's Attorney's office to initiate the filing of charges. A written statement was prepared by Trame and signed by Gorman. Gorman elected to walk home after being offered a ride back to his apartment.
Following his scheduled class, Schicker dropped his books off at his apartment and proceeded to walk to the police station. On his way, he met with Gorman, who was returning from his interview. Gorman informed Schicker that he and Zavalis had confessed. Schicker arrived at the police station at approximately 10:30 a.m. and was directed to Fitzpatrick's office by Trame. Schicker testified that he did not believe he could leave the station if he wanted to because "there were police all around" and that he "had to be there." Schicker's interview took place in Fitzpatrick's office with the door closed, Costa sitting behind the desk, and Trame standing behind Schicker.
At the hearing on the motion to suppress, conflicting testimony regarding Schicker's interview was presented. Costa testified that Schicker immediately said, "I know what it's about, I want to confess." Schicker denies making this admission and claims that he made a statement only after being assured that he would not be arrested "no matter what." There is dispute as to what stage of the interview Costa provided Schicker with this information. Costa testified that he told Schicker it was a voluntary interview at the interview's outset. Schicker claims that these admonitions were given well after the interview had started. Costa admitted that he told Schicker that Schicker was not under arrest and would not be put under arrest at any time after the interview. Schicker testified that he did not believe he was free to leave.
Schicker made inculpatory statements during this interview. Costa wrote out a statement that Schicker reviewed and edited. Following the interview, Costa informed Schicker that warrants were to be issued the next day. Schicker testified that he thought Costa was going to provide him with a copy of the statement he had just made and that Costa had promised not to arrest him at any time.
On October 11, 1989, Gorman, Schicker, and Zavalis were arrested and charged with two counts of arson.
All three defendants moved to suppress...
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