People v. Racanelli, s. 83-972

• Decision Date: 15 March 1985
• Docket Number: Nos. 83-972,83-977,s. 83-972
• Citation: 476 N.E.2d 1179,87 Ill.Dec. 187,132 Ill.App.3d 124
• Parties: , 87 Ill.Dec. 187 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph RACANELLI and Johnny Watters, Defendants-Appellants.
• Court: United States Appellate Court of Illinois

Page 1179

476 N.E.2d 1179

132 Ill.App.3d 124, 87 Ill.Dec. 187

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph RACANELLI and Johnny Watters, Defendants-Appellants.

Nos. 83-972, 83-977.

Appellate Court of Illinois First District, Fifth Division.

March 15, 1985.

James J. Doherty, Public Defender of Cook County, Chicago, for defendants-appellants; Judith A. Stewart, Asst. Public Defender, Chicago, of counsel.

Richard M. Daley, State's Atty., Chicago, for plaintiff-appellee; Linas J. Kelecius, Asst. State's Atty., Chicago, of counsel.

MEJDA, Presiding Justice:

Defendants, Joseph Racanelli and Johnny Watters, were charged with home invasion (Ill.Rev.Stat.1979, ch. 38, par. 12-11(a)(2)) On the evening of August 20, 1981, 12-year-old Jimmy Lopez, an eyewitness, went to the apartment of the victim, Robert Reynolds. Lopez watched television with the victim for awhile. Later, Racanelli, Lopez's cousin by marriage, stopped by the apartment. Lopez testified that around 10 p.m. he went to sleep in the victim's bedroom. Sometime later he woke up and saw the victim and Watters in the bedroom. The victim was staggering about the room with a stab wound in his back. Lopez then saw Watters stab the victim in the chest with a butcher knife. Lopez began screaming at Watters to stop. At this point, Racanelli looked into the bedroom and called, "Let's go," to Watters. Lopez stated that Racanelli had a knife in his hand. Defendants then exited through the front door of the apartment.

[87 Ill.Dec. 189] burglary (Ill.Rev.Stat.1979, ch. 38, par. 19-1), and murder (Ill.Rev.Stat.1979, ch. 38, par. 9-1). Following a jury trial, verdicts were returned finding each defendant guilty of home invasion and burglary and not guilty of murder as to each defendant. Each defendant was sentenced to concurrent terms of 5 years for burglary and 12 years for home invasion. Each defendant asserts on appeal that the trial court erred in denying his motion to suppress his oral and written confessions, and that he was not proved guilty beyond a reasonable doubt in the absence of the confessions. We affirm.

After the defendants left, Lopez testified that he dressed, padlocked the bedroom door as Racanelli had requested, and left the apartment. On his way out of the apartment, he noticed that two television sets, a stereo, headphones, a radio, speakers, and a clock were missing. Lopez stated that he then walked through a vacant apartment next door to that of the victim to get to the back door of the building. Lopez recognized some articles in this apartment, including the headphones and a lamp which had been in the victim's bedroom before he went to sleep. He opened a cupboard in the vacant apartment and saw the knife Watters used to stab the victim lying on the shelf. After leaving the building through the back door, Lopez went to his father's house.

Lopez testified that Racanelli telephoned him a few days later telling him to "keep his mouth quiet" and that "it wasn't supposed to happen like that." Until the police arrested Lopez on September 2, he did not talk with the police about the incident. After the police informed him that he was a prime suspect in the murder and that they intended to try him as an adult, he told them about Racanelli and Watters. Lopez then gave a written statement to assistant State's Attorney Francis Mahon, Jr.

An assistant Public Defender, William Kunz, testified that on January 11, 1982, he was present during a conversation with Jimmy Lopez at the public defender's office. He testified that Lopez told him he did not see the stabbing but rather found the victim lying dead next to him on the bed, that he had sex with the victim for money that evening, that the police had beaten him, and that he had made a statement that the police had instructed him to make. On cross-examination, Kunz stated there was no record of the conversation although he could have summoned a court reporter if he had chosen to do so. Lopez testified that he did not recall talking with anyone from the public defender's office. He further testified that he knew the victim was a homosexual but that he had never had sexual relations with him. Lopez stated that he never told the public defender's office that he did not see the stabbing.

Lopez's testimony regarding the items found in the adjacent apartment was corroborated by Zonhair Dajani, the manager of the victim's apartment building. Dajani testified that he found a lamp and headphones in the unlocked apartment on August 23. He also found a bloody knife on the shelf of a cabinet. Sharon Ellis, a microanalyst, testified that the victim's blood type matched that of the blood found on the knife and on the victim's bed.

I

Defendant Racanelli argues that the trial court erred in denying the motion to suppress Detectives Thomas Keane and Thomas Sappanos testified that Racanelli called them at the police station on September 18 and that they arranged to meet him at Lopez's apartment for the purpose of Racanelli's surrender. Sappanos testified that he had informed Racanelli of the warrant during the telephone conversation on September 18 and in an earlier conversation with him on September 12. During the earlier conversation, Racanelli asked Sappanos what his, Racanelli's, alternatives were. After being told that an arrest warrant had been issued for his arrest and that he had the option to continue to flee or to surrender, Racanelli stated he would prefer to surrender in Chicago. Sappanos testified that although his police report did not reflect that he had told Racanelli there was a warrant for his arrest, his report did state that Racanelli was planning to surrender himself in the near future. Keane testified that Racanelli was told he was under arrest when they left Lopez's apartment and went with the police willingly. He was not handcuffed, fingerprinted, or placed in a cell at the police station. Keane stated that he also told Racanelli there was a warrant for his arrest regarding the apartment burglary and murder. Both detectives testified that Racanelli was given Miranda warnings several times, which he indicated he understood, and that he never requested a lawyer.

[87 Ill.Dec. 190] his oral and written statements because the police and prosecution failed to inform him of charges pending against him. At the hearing on his motion to suppress, Racanelli testified that on September 12, 1981, while in Tennessee, he phoned detective Sappanos because one Johnny Lopez said the police wanted him to be a witness. Sappanos then told him he wanted to use him as a witness but did not tell him there was a warrant for him. Racanelli agreed to come to Chicago and be a witness. On September 18, 1981, he called Sappanos and his partner who came to Johnny Lopez's house to meet them. They did not tell him about the warrant, did not handcuff him, nor tell him he was under arrest. On cross-examination, Racanelli testified that he could not remember whether the State's Attorney had told him that he was just a witness. He stated that he admitted burglarizing an apartment only after he had been told that he could go home after he made a statement. Racanelli remembered being told that he could see a lawyer but was not sure when that occurred.

After arriving at the police station, the detectives called assistant State's Attorney Robert Kaiser. After Kaiser arrived, he spoke with Racanelli. Detective Keane was also present. Kaiser stated that Racanelli indicated he still wanted to talk to him after Kaiser had explained his office to Racanelli and had given him Miranda warnings. Racanelli indicated that he understood the warnings. After talking with him for about 15 minutes, Racanelli communicated his willingness to make a statement. Kaiser again gave the Miranda warnings. Racanelli stated he understood them and signed a waiver of rights form. Racanelli then made a statement in the presence of a court reporter, Sappanos, Keane and Kaiser admitting his involvement in the apartment burglary. Kaiser stated that he did not tell Racanelli he was only a witness and denied telling him that he would not need a lawyer. After hearing all the testimony, the trial court denied Racanelli's motion to suppress the statements made to the police.

It is the function of the trier of fact to determine the credibility of the witnesses, the weight to be given their testimony and the inferences to be drawn from that evidence. (People v. Akis (1976), 63 Ill.2d 296, 298, 347 N.E.2d 733.) Where the evidence is merely conflicting, a court of review will not substitute its judgment for that of the trier of fact. (63 Ill.2d 296, 298-99, 347 N.E.2d 733.) In the instant case, Racanelli's contention with regard to the motion to suppress is essentially a question of credibility. The trial court specifically stated at the conclusion of the hearing that he believed the testimony of the prosecution witnesses. Viewing the case in that posture, the evidence indicates Racanelli additionally urges that the authorities' failure on September 12, 1981, to inform him of the charges pending against him violated his sixth amendment right to counsel. He maintains that formal adversary proceedings were initiated against him on September 3 when the murder complaint was signed against him and a murder warrant was issued for his arrest. He argues, therefore, that he was entitled to know of the pending charges and to have counsel present during his telephone conversations with the police on September 12 and 18. The State responds that Racanelli's sixth amendment right to counsel did not attach on September 3, when an arrest warrant was issued on a complaint signed by a police officer, but instead it attached on November 2 when Racanelli was indicted.

                [87 Ill.Dec. 191] that Racanelli made a knowing and intelligent waiver of his rights before making his statement.  If a defendant chooses to speak and does not request a lawyer after being informed

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