People v. MacFarland

• Decision Date: 31 March 1992
• Docket Number: No. 1-86-2827,1-86-2827
• Citation: 228 Ill.App.3d 107,592 N.E.2d 471,170 Ill.Dec. 35
• Parties: , 170 Ill.Dec. 35 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Andrew MacFARLAND, Defendant-Appellant. First District, Third Division
• Court: United States Appellate Court of Illinois

Page 471

592 N.E.2d 471

228 Ill.App.3d 107, 170 Ill.Dec. 35

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Andrew MacFARLAND, Defendant-Appellant.

No. 1-86-2827.

Appellate Court of Illinois,

First District, Third Division.

March 31, 1992.

Randolph N. Stone, Public Defender of Cook County, Chicago (James H. Reddy, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, Carol L. Gaines, Nicholas C. Giordano, of counsel), for plaintiff-appellee.

Justice CERDA delivered the opinion of the court:

After a joint bench trial with codefendant, defendant, Andrew MacFarland, was convicted of murder (Ill.Rev.Stat.1983, ch. 38, par. 9-1(a)) and sentenced to 35 years' imprisonment. On appeal, defendant asserts that (1) his sixth and fourteenth amendment rights were violated by the admission and use, over objection, of his codefendant's statement against him where the codefendant did not testify and was not subject to cross-examination; and (2) he was arrested without probable cause where the basis of the arrest was that defendant and codefendant gave conflicting stories regarding their whereabouts at the time of the murder. We reverse. We find that the trial court's admission and use of the codefendant's statement against him was prejudicial error in a bench trial.

Katherine Adala was murdered in her second-floor apartment on the night of May 3, 1985. During the course of interviewing all the building's residents, police questioned defendant and codefendant on May 9, 1985.

At the hearing to quash the arrest and suppress the statement, defendant testified that he and codefendant were sitting in their apartment around 3:30 p.m. when Detectives John Fitzsimmons and Lawrence Thezan walked in without knocking and asked them to come to the police station for questioning. Defendant testified that the police officers neither identified themselves nor had an arrest warrant. When defendant refused to go, he was arrested for murder, handcuffed, and taken to the police station. There, the police officers handcuffed him to a ring on the wall, took his shoes, and interrogated him.

Defendant stated that he was questioned intermittently for eight to 12 hours, and was awake and handcuffed the entire time. Defendant further testified that Detective Fitzsimmons told him three or four times that the codefendant had signed a statement against him, that it was in his best interest to sign a statement to defend himself, that they knew that he did not do it, that they knew about his record, that they knew about the codefendant's previous conviction for the same offense, and that he would be free to go if he made a statement. After he was given Miranda warnings, defendant asked for a public defender, but was told that he could not see one until Monday since they did not work during the weekend. The detectives continued to question defendant.

Defendant further testified that after the assistant State's Attorney gave him the Miranda warnings, he asked for a public defender, and was again told no one was available until Monday morning. When defendant told the assistant State's Attorney that the police officers kept telling him that he would be free to go if he signed a statement, the assistant State's Attorney responded that it was in his best interest to do what the police said and to sign the statement. The assistant State's Attorney also told defendant that the codefendant had signed a statement against him, and it was in his best interest to sign a statement defending himself. Defendant stated that he was treated fairly by the police officers, and was then given a sandwich and some water. Answering the assistant State's Attorney's questions, defendant gave a court-reported statement. He read it, made corrections, and signed it.

Defendant further testified that he did not know of the murder at the time of questioning, did not know Ms. Adala, and had lived in the building approximately one month at the time of his arrest. Defendant was 19 years old at the time of the arrest, was a high school graduate, received a general discharge from the Army two months before the murder, and had never before been arrested. He further stated that it was the first time he had ever been in a police station while charged with a crime.

Detective John Fitzsimmons testified that he and his partner, Detective Lawrence Thezan, were assigned to the case after other police officers had interviewed the building's residents. On May 8, 1985, the detectives interviewed Marshall Lyons and his brother, John Ward, who stated that they were watching the 8 o'clock movie in their apartment, with the door open, when Ms. Adala came to the door and asked if they wanted a drink. When they said they did, she left and came back with a bottle of liquor. Both Lyons and Ward had a drink from the bottle. At that time, defendant and codefendant stood by the doorway, had a drink, and left, walking east down the hallway. Neither Lyons nor Ward saw Ms. Adala after that. Fitzsimmons stated that both Ms. Adala's apartment and defendant's apartment were east of Lyons' and Ward's apartment.

Fitzsimmons further testified that Lyons gave them defendant and codefendant's names, descriptions, and apartment number. The detectives went to that apartment on the evening of May 8, 1985, but were told that both defendant and codefendant were at work at the Tribune Company and would be home the next day. Fitzsimmons stated that they went to defendant's apartment the next day around 5 p.m. Since the apartment door was open, Fitzsimmons could see defendant and codefendant sitting in the apartment. The police officers knocked on the door, identified themselves, and showed their stars. Standing outside the apartment door, Fitzsimmons stated, he asked defendant if he would come for questioning, and defendant agreed. At that time, defendant was not considered a suspect, and was not handcuffed. Arriving at the police station at 6 p.m., defendant and codefendant were put in different interview rooms.

When Fitzsimmons and Thezan questioned defendant at 6 p.m., he stated that he knew about the murder and that he was working at the Tribune during the time Ms. Adala was murdered. Defendant told the detectives that he left for work around 8 or 9 p.m. and worked until 7 a.m. the next morning. The codefendant then told the detectives that he and defendant did not work that night because they arrived too late after being stuck on the el train for two hours. When Fitzsimmons requestioned defendant at 6:30 p.m., telling him the codefendant's version, defendant repeated that he was working that night. Fitzsimmons testified on cross-examination that defendant was arrested after the conflicting statements.

The detectives then went to the crime scene and spoke to the building manager, who stated that Ms. Adala received her Public Aid check on May 1, 1985. After taking out her rent, he gave Ms. Adala $200 in cash. At 9 p.m., the detectives returned to the police station, gave defendant his Miranda warnings and requestioned him. After defendant repeated the same story, Fitzsimmons told defendant that "his buddy had given it up and told us about it," and then asked defendant how much money he received. Fitzsimmons testified that defendant told him that he got five dollars. After gaining information from defendant and codefendant, the detectives requested an evidence technician and returned to the crime scene, where they found Ms. Adala's apartment window open and radios stacked up.

When the detectives returned to the police station, they contacted the assistant State's Attorney, who interviewed defendant around 12:45 a.m. Fitzsimmons stated that he gave defendant beverages, cigarettes, and food after he gave an oral statement to the assistant State's Attorney. Defendant gave a court-reported statement at 4:44 a.m., made corrections, and signed the statement.

Fitzsimmons testified that defendant did not ask for an attorney or a public defender, did not ask him for an arrest warrant when he was in his apartment, and did not say he could not go the police station because he was going to work. Defendant was not handcuffed until after giving the oral statement around 9 p.m. or 9:30 p.m. He was not handcuffed when interviewed by the assistant State's Attorney, when he made the court reported statement, or when he read and corrected that statement. Fitzsimmons denied telling defendant that signing the statement would benefit him or that he would be allowed to leave if he gave a statement. No threats or promises of leniency were made.

Detective Lawrence Thezan gave substantially the same account of the interview with Marshall Lyons. Thezan said that the two men were questioned separately at 6 p.m. Defendant was not handcuffed when he went to the police station nor during the first, second, or third interviews. Defendant was given Miranda warnings after the detectives spoke with the building manager. Thezan testified that defendant was arrested after he made the statement about the five dollars. Thezan testified that defendant did not ask for an attorney or about an arrest warrant. Thezan denied ever telling defendant that he would go free if he made a statement.

Assistant State's Attorney John Hynes testified that he interviewed defendant from 12:45 a.m. to 1:15 a.m. on May 10, 1985. After interviewing the codefendant, he again interviewed defendant about the discrepancies in their two versions. Hynes further testified that defendant got food and beverage, then made a court reported statement, which he read and signed. Hynes stated that he did not tell defendant he would go free if he made a statement, that defendant did not request an attorney or public defender, and that no promises of leniency were made.

Concluding that the arrest was justified, the trial court denied the motion to quash arrest. Stating that the totality of the circumstances...