People v. House

• Decision Date: 20 December 1990
• Docket Number: No. 65347,65347
• Citation: 141 Ill.2d 323,566 N.E.2d 259,152 Ill.Dec. 572
• Parties: , 152 Ill.Dec. 572, 59 USLW 2423 The PEOPLE of the State of Illinois, Appellee, v. Derrick HOUSE, Appellant.
• Court: Illinois Supreme Court

Page 259

566 N.E.2d 259

141 Ill.2d 323, 152 Ill.Dec. 572, 59

USLW 2423

The PEOPLE of the State of Illinois, Appellee, v. Derrick HOUSE, Appellant.

No. 65347.

Supreme Court of Illinois.

Dec. 20, 1990.

Randolph N. Stone, Public Defender, Chicago (Jeffrey M. Howard, Asst. Defender, of counsel), for appellant.

Cecil A. Partee, State's Atty., Chicago (Renee G. Goldfarb, Asst. State's Atty., and Gael O'Brien, Sp. Asst. State's Atty., of counsel), for the People.

Justice CALVO delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, the defendant, Derrick House, was found guilty of four murders, aggravated arson, residential burglary, home invasion, attempted armed robbery and four counts of armed violence. No sentences were imposed on the residential burglary or armed violence counts. On April 28, 1986, the court found defendant eligible for the death penalty, and ultimately sentenced him to death on May 7, 1986. The death sentence has been stayed (107 Ill.2d R. 609(a)) pending direct appeal to this court (Ill. Const.1970, art. VI, § 4(b); 107 Ill.2d R. 603). We reverse and remand the cause to the circuit court for a new trial. The facts relevant to our disposition of this case are set forth below.

On January 12, 1985, the bodies of Raynard Rule, Lauren Rule and Yvonne Brooks were discovered by police officers and firemen in a second-floor apartment at 458 North Hamlin in Chicago, Illinois. Raynard Rule had died from hemorrhaging caused by multiple stab wounds to the chest. Lauren Rule and Yvonne Brooks had died as a result of hemorrhaging caused by gunshot wounds to the neck and head. All three victims had been bound and gagged. Burns were evident over substantial portions of the bodies and they bore the odor of kerosene. A fourth victim, Kim Brooks, escaped from the apartment. Although she had been burned over 37% of her body surface, Brooks survived approximately one month, eventually succumbing to sepsis caused by her severe burns. During that interval, she twice provided police with accounts of the crimes and once gave them a description of the perpetrators. She was never able to name or identify the individuals involved.

Defendant was arrested on February 5, 1985, after 16-year-old Charles Green gave a statement implicating him in the commission of the crimes. After spending a day and two nights in an interview room at the Harrison and Kedzie police station, defendant allegedly orally confessed to the crimes and was subsequently charged. On November 13, 1985, defendant filed a petition for severance of his case from that of Green, who was also charged. Defendant's request was granted on November 26, 1985. Thereafter, on January 6, 1986, defendant filed motions to quash his arrest and suppress statements he had allegedly made. In his motions, defendant claimed that the police lacked probable cause to arrest him and that his alleged inculpatory statements were, in any event, involuntary. The court bifurcated hearing on defendant's motions, proceeding first on the issue of probable cause. This portion of defendant's motion was heard on January 7 and 8, 1986.

The first witness to testify was James Davis. According to Davis, he was recuperating at home from a gunshot wound to his leg when he was "picked up" by Detective Foley on February 3, 1985, taken against his will to the Harrison and Kedzie police station, and placed in a small room where six or seven police officers were present, none of whom he knew. Davis, who at the time had criminal charges pending against him, was detained for three hours, during which time he gave the police no information regarding defendant, but they imparted certain information to him which linked defendant to the January 12 fire at 458 North Hamlin. Davis said he did not tell the officers that, on January 11, 1985, defendant and Raynard Rule got into a fight in front of a game room at 750 North Lawndale. According to Davis, he was not even at the game room at 7 p.m. on January 11, 1985. He did not tell police Rule owed defendant money, nor did he tell them defendant displayed a gun that evening. He denied telling police that defendant and "Little Charles" were involved in the murders. Davis said the police wanted him to sign a statement implicating defendant and made promises to him in order to secure his cooperation, but he refused. Davis acknowledged that he had known defendant for about two years and that he was, at the time of his testimony, serving time in the Department of Corrections for attempted armed robbery, attempted burglary, residential burglary and unlawful use of weapons.

Defendant testified that he and Jonathan Douglas were at a game room at 750 North Lawndale on February 5, 1985, around 5:30 or 6 p.m. when eight or nine police officers came in, asked him and Douglas their names, then grabbed defendant's arm and handcuffed him. The police conducted a brief and unproductive search of the premises before they transported defendant and Douglas to the Harrison and Kedzie police station. Defendant said he was shown no warrant and was not told he was under arrest. He had not been violating the law at the time of his arrest. The police said they wanted to ask him some questions and, upon their arrival at the station, put defendant in a small room.

Detective John Summerville testified that he was involved in the investigation of a quadruple homicide which had occurred on January 12, 1985, at 458 North Hamlin in Chicago. The victims were Raynard Rule, Lauren Rule, Yvonne Brooks and Kim Brooks. On February 5, 1985, at 2 p.m., Summerville spoke with Charles Green. Detective Mike Miller was also present. According to Summerville, Green said he was asked by defendant and Teddy Bobo to go to Raynard Rule's second-floor apartment at 458 North Hamlin and get Rule to open the burglar gates on the front door of the apartment. Green agreed. While Green went up to the apartment door, defendant and Bobo hid in the hallway. When Rule opened the gates, defendant and Bobo pushed Rule back into the apartment. Defendant and Bobo began tying up Raynard Rule and the three women who were present. Defendant took Raynard into the kitchen, stabbed him, then took him into another room and set him on fire. When Green smelled smoke, he left by the front stairway of the building and, while descending the stairs, he heard several shots coming from the apartment. Green went directly to the game room on Lawndale where, a short time later, defendant arrived, saying he had just "burnt" Raynard Rule at 'Big Daddy's" dope house on Hamlin.

At the time Green gave his statement, defendant was not in custody. Green identified a photograph of defendant. Summerville was personally aware of certain facts corroborating Green's statement and verified others with officers assisting in the investigation. Summerville said he knew at the time that there had been a fire, Raynard Rule's body had been burned, the female victims had been tied up, and handguns had been used. Detective Summerville knew that "Big Daddy" and Jeffrey Haggins--otherwise known as Bodine--were partners in the operation of the dope house. Summerville claimed Green was not under arrest when he gave his statement, notwithstanding an arrest report which indicated Green had been placed under arrest at 1 p.m.

Detective Mike Miller testified that he first became involved in the investigation on January 13, 1985, the day after the crimes were committed. Progress reports were made available to Summerville when Summerville returned from furlough. Miller was aware that Kim Brooks had given a description of the offenders to Detective Blomstrand. Brooks had said the two black men were approximately 30 to 35 years of age. One had a heavy build, medium complexion, and was known by the name of "Bo" or "Bodine." The other man was approximately 5 feet 7 inches tall, 145 pounds, dark-complected, with a mustache and "Jeri" curls. He wore a dark shirt, blue jeans, and beige shoes. Brooks said she thought there might have been a black female involved. Miller said he arrested Green on February 6, 1985.

To the extent defendant's motion was predicated upon a contention of lack of probable cause to support his arrest, the court denied his motion. On January 14, 1986, a hearing was commenced wherein the court heard evidence concerning the circumstances of defendant's initial detention during which he allegedly made inculpatory oral statements. By agreement, defendant proceeded first.

Defendant testified that, after his arrest at the game room on Lawndale, he was taken to the police station at Harrison and Kedzie. Upon his arrival, he was taken to a small room containing only a table and two chairs. There were no windows in the room, nor was there a clock. Defendant estimated he was in the room a few days. Defendant was still handcuffed when Officer Greg came in and advised him that other officers would be coming in to talk with him.

Thereafter, Detective Summerville entered and asked defendant if he knew Virgil Bridges, Steve Reed or Raynard Rule. Defendant replied affirmatively in each instance. Summerville then asked defendant if he knew about a fire on Hamlin on January 12. Defendant said he had heard about it. According to defendant, Detective Miller entered and asked defendant if he was at 458 North Hamlin on January 12. When defendant said he was not, Miller handcuffed defendant to the wall, asked again, then walked out. Summerville told defendant he had better talk. Defendant claimed Miller reentered the room with a plastic bag, boxing gloves, clippers and a flashlight. When Miller resumed his questioning of defendant, Summerville walked out of the room. When defendant again denied being in the apartment house, Miller accused him of lying. Defendant said Miller then picked up the flashlight and hit him twice. Defendant testified that--amidst continued questioning by Miller and repeated denials of...