People v. Stapinski

• Court: Illinois Supreme Court
• Writing for the Court: Justice BURKE delivered the judgment of the court, with opinion.
• Citation: People v. Stapinski, 40 N.E.3d 15 (Ill. 2015)
• Decision Date: 08 October 2015
• Docket Number: No. 118278.,118278.
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Anthony M. STAPINSKI, Appellant.

40 N.E.3d 15

The PEOPLE of the State of Illinois, Appellee

v.Anthony M. STAPINSKI, Appellant.

No. 118278.

Supreme Court of Illinois.

Oct. 8, 2015.

Phyllis J. Perko, of Law Offices of Harlovic & Perko, West Dundee, for appellant.

Lisa Madigan, Attorney General, Springfield, and James W. Glasgow, State's Attorney, Ottawa (Carolyn E. Shapiro, Solicitor General, and Michael M. Glick and Matthew P. Becker, Assistant Attorneys General, Chicago, of counsel), for the People.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

¶ 1 On May 17, 2012, defendant, Anthony M. Stapinski, was indicted on a single count of unlawful possession of a controlled substance (ketamine) with intent to deliver. 720 ILCS 570/401(a)(10.5) (West 2010). Defendant filed a motion to dismiss the indictment, arguing that the indictment violated his due process rights and the executed cooperation agreement defendant had entered into with police. The State did not dispute the existence of the cooperation agreement, but argued that defendant did not fulfill his obligations under the agreement. The trial court of Will County ruled in defendant's favor and granted defendant's motion to dismiss the indictment. The appellate court reversed and remanded for further proceedings.

¶ 2 We granted defendant's petition for leave to appeal. Ill. S.Ct. R. 315 (eff. Jan. 1, 2015). For the reasons that follow, we reverse the judgment of the appellate court.

¶ 3 BACKGROUND

¶ 4 On February 13 and 14, 2013, a hearing was held on defendant's motion to dismiss. At that hearing, witness testimony established the following facts:

¶ 5 Romeoville, Illinois police Sergeant Christine Masterson (Masterson) received information from Postal Inspector Gunther (Gunther) that the Naperville, Illinois, post office had in its possession a package from Pakistan which was addressed to defendant and believed to contain an illegal substance. A search warrant was obtained and the package was opened. The package contained a liquid which was suspected to be ketamine, although tests conducted by Masterson were unable to confirm that. The package was then resealed and released to the Naperville post office to be delivered to defendant.

¶ 6 On April 12, 2011, defendant drove to the Naperville post office to pick up the package. After defendant obtained the package, he was stopped outside the post office by Masterson and seven or eight armed officers from the Romeoville and Naperville police departments. Defendant was handcuffed and the package was taken from him.

¶ 7 Masterson then took defendant aside, removed his handcuffs, and told him he was not under arrest. She asked if he would be willing to accompany her to the police station to discuss the possibility of him cooperating with the police with regard to the package. Defendant agreed, and was then taken to the Romeoville police station in a Naperville squad car. Defendant's vehicle was impounded.

¶ 8 According to Masterson, at the station she asked defendant if he would be willing to assist the police in apprehending the person to whom defendant was to deliver the package of ketamine, as well as other drug investigations. Masterson testified that she explained to defendant what his cooperation would entail and suggested that it would be in defendant's best interests if he cooperated. Defendant indicated that he was interested, but that he wanted to speak with his attorney first. Defendant was never advised of his Miranda rights, but was permitted to phone his attorney.

¶ 9 Defendant was also permitted to call his mother, Susan Pratl, who came to the Romeoville police station, where she met with Masterson, Gunther and defendant. Pratl testified that when she first arrived at the police station on April 12, 2011, she spoke to Masterson, who advised her that her son had been picked up because of a package that was addressed to him. Masterson told Pratl that her son was not under arrest and they were more interested in apprehending whoever was the intended recipient of the package. Masterson also advised Pratl that her vehicle, which defendant was driving at the time of the incident, had been seized. However, Masterson told her that it would be in her son's best interests to cooperate with the police because, if he did, he would not be charged and Pratl's vehicle would be released.

¶ 10 Pratl then joined Masterson and Inspector Gunther in a meeting with her son. Pratl testified that she encouraged her son to cooperate with the police because Masterson had told her he would not be charged and her vehicle would be released.

¶ 11 Defendant testified that when he first spoke with Masterson at the Romeoville police station, she told him that he would not be charged and his mother's car would be returned if he helped them apprehend the person to whom he was to deliver the package. Defendant testified that Gunther and Masterson repeatedly advised him that cooperation was in his best interests and, if he cooperated, he would not be charged with the ketamine offense. According to defendant, neither Masterson, nor Gunther, ever stated that he would be required to assist in additional cases to avoid being charged in the ketamine matter. Rather, defendant testified that Masterson told him that if he was able to assist in other cases, she would make a college drug charge “go away.”

¶ 12 Defendant testified that he spoke to his attorney by phone and called his mother, who then came to the station. After speaking with his mother and his attorney, defendant agreed to cooperate with the police. Defendant testified that he then told Masterson that the persons to whom he was to deliver the ketamine package were Taylor Malcolm (Malcolm) and John Dylan Blair (Blair).

¶ 13 Pratl testified that, as soon as her son mentioned one of the names, Gunther became very excited and stated that they had been trying to apprehend this person for some time. After this meeting, defendant was permitted to leave the station.

¶ 14 The next day, April 13, 2011, defendant's attorney, Frank DeSalvo, contacted Masterson. Arrangements were made for another meeting with defendant to take place at the Romeoville police station on April 14, 2011. On that day, Masterson, Gunther, Pratl, DeSalvo and defendant all met at the Romeoville police department. According to Masterson, at this meeting, she told defendant that if he cooperated with police, he would not be charged with possession of ketamine. However, Masterson also testified that she told defendant that his “cooperation” meant that he would have to assist the police in four cases in order to avoid the ketamine charge.

¶ 15 Pratl testified regarding this meeting, but her recollection of events was somewhat different. She said Gunther and Masterson reiterated that they wanted to work with defendant to apprehend Malcolm and Blair and that defendant would not be charged if he cooperated in their apprehension. According to Pratl, at no point during this meeting did Gunther or Masterson ever say that defendant needed to participate in four cases to avoid being charged with possession of ketamine.

¶ 16 DeSalvo testified that, before the meeting began, he first spoke with Masterson separately. She advised him that the focus was on arresting Malcolm because he was a major marijuana distributor in Will County and the surrounding counties. DeSalvo testified that Masterson repeated the terms of the agreement, i.e., that if defendant cooperated in the arrest of Malcolm, he would not be charged with the ketamine offense. Based on these assurances from Masterson, DeSalvo advised defendant to cooperate and participate in the planned controlled delivery of the package to Malcolm.

¶ 17 DeSalvo also testified that he was present when Masterson questioned defendant regarding other narcotics connections and sources he had. He confirmed that Masterson told defendant that if he agreed to cooperate in other cases, she would make his prior drug charge from college “go away.” According to DeSalvo, during this meeting, no one ever mentioned a specific number of cases defendant was required to assist with.

¶ 18 Defendant testified that, at the April 14, 2011, meeting, he agreed to assist in the controlled delivery of the ketamine package to Malcolm and Blair. In addition, he agreed to work with the police as a confidential informant and also provided the police with names of other persons he knew to be involved in drug trafficking. According to defendant, he was told that his assistance in other drug cases would make an earlier college drug possession matter “go away.”

¶ 19 After the meeting, defendant was introduced to Mimi Bejda (Bejda), a Romeoville police officer working with the Will County Cooperative Police Assistance Team, an undercover drug unit. Bejda explained to defendant what his role would be in the controlled delivery of the package to Malcolm. Defendant was given a transmitter for his ear and a recording device was taped to his shirt. Defendant then made several phone calls, which were intercepted and recorded by the police. In these calls, defendant made arrangements for delivering the package to Malcolm and Blair.

¶ 20 The next day, April 15, 2011, Bejda met with defendant at his mother's home. After receiving additional instructions from Bejda, defendant participated in the controlled delivery of the ketamine package, and as a result, the police arrested Malcolm and Blair, who were later successfully prosecuted for possession of ketamine.

¶ 21 DeSalvo testified that he called Masterson a few days after April 15, 2011, to confirm the arrest of Malcolm and Blair. According to DeSalvo, Masterson was “jubilant” and said “we had a very good day.” At that point, DeSalvo believed the ketamine charges against defendant had been dropped, therefore, he asked how defendant could work off his college charge. DeSalvo testified that Masterson said defendant should continue to work with Bejda to eliminate that charge, but never specified how many cases ...