People v. Griggs, 69790
| Decision Date | 24 September 1992 |
| Docket Number | No. 69790,69790 |
| Citation | 604 N.E.2d 257,178 Ill.Dec. 1,152 Ill.2d 1 |
| Parties | , 178 Ill.Dec. 1, 61 USLW 2207 The PEOPLE of the State of Illinois, Appellee, v. Terry GRIGGS, Appellant. |
| Court | Illinois Supreme Court |
Randolph N. Stone, Public Defender, Chicago (Stephen L. Richards, Asst. Public Defender, of counsel), for appellant.
Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago and Renee Goldfarb, Randall Roberts, Kevin Sweeney and Walter P. Hehner, Asst. State's Attys., of counsel), for the People.
Following a bench trial in the circuit court of Cook County, defendant, Terry Griggs, was found guilty of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(2)). Defendant was sentenced to serve 20 years in the Illinois Department of Corrections. Defendant's conviction was affirmed in the appellate court. (192 Ill.App.3d 1105, 160 Ill.Dec. 324, 577 N.E.2d 200 (unpublished order under Supreme Court Rule 23).) This court allowed defendant's petition for leave to appeal (134 Ill.2d R. 315). We reverse the judgment of the appellate court and remand to the circuit court for further proceedings.
Defendant raises several issues: (1) whether defendant's constitutional rights were violated when police failed to inform him that an attorney retained to represent him was present at the place of interrogation and seeking to consult with him; (2) whether the circuit court erred in allowing the State to amend the indictment against defendant; (3) whether defendant was proved guilty of murder beyond a reasonable doubt; and (4) whether the State disproved defendant's affirmative defense beyond a reasonable doubt.
On February 5, 1986, Charpel Jahnke, an employee of People's Gas Company, was working at 8615 South Crieger in Chicago. At approximately 3:45 p.m., Jahnke was struck by a bullet from a gun which was fired by defendant. Jahnke died from the gunshot wound which entered his body through his left shoulder. At approximately 4 p.m., defendant was arrested and taken to the police station for questioning.
According to the State, defendant, without provocation, shot at a group of young men walking behind him on South Crieger. The State argued that defendant's intent to kill any member of this group was transferred to Jahnke. According to defendant, he fired a gun in order to protect himself from a gang, some of whose members had baseball bats, which was chasing him. The defendant argued that his use of force in self-defense was transferred to Jahnke.
Before trial, defendant made a motion to suppress a statement which was reduced to writing by an assistant State's Attorney during custodial interrogation. The circuit court denied the motion. Before discussing the evidence produced at trial, we will discuss the evidence produced at the hearing on the motion to suppress.
Defendant was 21 years old, married, and employed as a data entry operator for Continental Bank. Defendant was arrested at approximately 4 p.m. on February 5, 1986. He was taken to the police station, where he was fingerprinted at approximately 5 p.m. It appears that defendant's brother, Milton, was also taken to the stationhouse. Defendant testified he was questioned before he was fingerprinted by two plainclothes officers, one of whom, Detective Gallagher, had testified at the hearing. Defendant did not recall being advised of his constitutional rights.
Somewhere between 5:30 p.m. and 5:45 p.m., defendant called his sister, Shelvon Griggs. Ms. Griggs told defendant, "[D]on't worry because first of all we'd gotten [you] a lawyer and so don't say anything to nobody." She told defendant the attorney's name. Griggs testified defendant said he understood what she was saying. Ms. Griggs later testified that the attorney was hired after she had received the phone call from defendant.
Defendant testified that Ms. Griggs told him that she and her sister were trying to get a lawyer for him and that the lawyer would be there soon. Defendant stated he asked his sister the name of the attorney, but had nothing upon which to write the name.
Defendant was questioned in an interview room by Detectives John Gallagher and William Egan at approximately 6 p.m. or 7 p.m. for 15 or 30 minutes. According to Detectives Gallagher and Egan, defendant was advised of his constitutional rights. Detective Gallagher testified that defendant stated he understood his rights. Defendant gave an oral statement. Defendant never stated he had an attorney nor did he ask for one. Defendant was then taken back to his cell.
Defendant testified that he asked the officers to wait to question him because his lawyer was either on his way or was there already. Defendant was told he would have to wait to see his lawyer. Defendant had never been arrested before and was not familiar with everything concerning the procedure which goes on following an arrest.
Defendant was, at some point, taken from his cell, placed in a lineup, and returned to his cell. Detective Egan testified that, after the lineup, he had a five-minute conversation with defendant in his cell, at which time defendant said nothing about an attorney, but did say he wanted to speak to his wife. Detective Egan told defendant that after the investigation was completed, he would see if defendant could possibly see his wife.
Defendant testified that both of the plainclothes officers who had interviewed him previously talked to him in his cell. Defendant thought this occurred at approximately 9:15 p.m. Defendant asked to see his lawyer and was informed he would have to wait for the assistant State's Attorney to arrive. Defendant was told that once he had given a statement, perhaps "we'll see if you can see your lawyer or your wife."
Defendant was taken from his cell and returned to the interview room for another interrogation at approximately 9 p.m. or 9:30 p.m. Present were Detective Gallagher, Assistant State's Attorney LuAnn Rodi, and defendant. Rodi had arrived at the police station at approximately 7:30 p.m. and was present for the lineup. Rodi testified she recited the Miranda rights to defendant, who said he understood them. According to Rodi, defendant said he wanted to see his wife, but did not ask to talk with her. Rodi explained that they were in the middle of a statement and if defendant's wife were present at the stationhouse, arrangements could surely be made for defendant to speak with her. Rodi and Detective Gallagher both testified that at no time did defendant ask for an attorney.
Defendant testified he asked to see his lawyer; Rodi told him he could see his lawyer and his wife after he gave a statement. Defendant could not recall being told of his constitutional rights.
Defendant was questioned for about 30 minutes to an hour. It took Rodi half an hour to reduce the contents of the conversation to writing. Defendant signed each page of the three-page statement. The Miranda rights appeared at the top of each page. Defendant did not recall reading the Miranda rights. Rodi stated that defendant made several corrections. Rodi testified defendant signed the statement at approximately 10 p.m. Detective Gallagher testified that defendant asked to speak with his wife; Detective Gallagher believed defendant asked this after he signed the statement.
Edward Kalish, an attorney, testified that he had received a phone call from defendant's sister at approximately 6 p.m. or 6:30 p.m. on February 5, 1986. Defendant's sister asked to retain Kalish to represent defendant, and Kalish agreed. Defendant's sister called back about 15 to 20 minutes later. This would have been somewhere between 6:45 p.m. and 7 p.m. Kalish went to defendant's mother's house to pick up defendant's sister sometime between 8 p.m. and 9 p.m. Kalish and defendant's sister went to the police station, which was a 15- or 30-minute drive. Kalish arrived at the police station around 9 p.m. or 9:30 p.m.
Present at the police station were defendant's mother and father, and several of defendant's brothers and sisters. Kalish introduced himself and then informed the desk sergeant that he had been retained by defendant and Milton Griggs' family to represent defendant and Milton, defendant's brother. Kalish told the desk sergeant he would like to talk with his client.
The desk sergeant told Kalish his client was being interrogated and gave him a form to fill out. The desk sergeant indicated that he would get back to Kalish in a few minutes. After 10 or so minutes, during which time Kalish spoke with defendant's family, Kalish spoke with the desk sergeant again. Kalish testified he again showed the desk sergeant his attorney identification and stated he wanted to talk with his client, "particularly [defendant]." Kalish stated that he told the desk sergeant, "The interrogation ought to be stopped, I'm now reaffirming the fact I wish to speak with my client." The desk sergeant informed Kalish that he could not talk with his client.
Kalish spoke with Milton for about five minutes in a small interview room. Afterwards, Kalish again told the desk sergeant he wished to speak with defendant. The desk sergeant told Kalish to speak to the assistant State's Attorney handling the interrogation, Rodi. The time was approximately 10 p.m. or 10:30 p.m.
Kalish showed the assistant State's Attorney his attorney identification, explained he had a written contract evidencing the fact that defendant's family had retained him as attorney for defendant, and stated he wanted to speak with both defendant and Milton. Kalish testified that the assistant State's Attorney said she was not going to interrupt the interrogation of defendant, and that Kalish would be able to speak to defendant eventually. Kalish stated he remembered "affirming the fact that my client has a right to talk to me now, right...
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