People v. Woidtke
| Decision Date | 31 January 1992 |
| Docket Number | No. 5-89-0668,5-89-0668 |
| Parties | , 167 Ill.Dec. 486 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rodney WOIDTKE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellant.
Robert Haida, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.
Rodney Woidtke was found guilty of the murder of Audrey Cardenas on August 24, 1989, following a bench trial. On September 28, 1989, Woidtke was sentenced to 45 years' imprisonment.
The issues on appeal, in the order in which we will address them, are as follows: (1) Whether the police had probable cause to arrest the defendant for the offense of obstructing a police officer? (2) Whether the defendant's waiver of his Miranda rights was knowingly and intelligently made? (3) Whether the trial court erred in the admission of Officer Newton's and Linda Armstrong's testimony? (4) Whether the defendant was proven guilty beyond a reasonable doubt? and (5) Whether the defendant is entitled to a new sentencing hearing where the defendant alleges the trial court considered an improper aggravating factor in sentencing? We affirm.
Audrey Cardenas, a Belleville News-Democrat intern reporter, who had been living in the area for about a week, did not report for work on June 21, 1988. When last seen it appeared that she was planning to go jogging on a local high school track. Fliers with a picture of Miss Cardenas and a general description of her had been posted in public places and published in the local newspapers.
The body of Audrey Cardenas was discovered in a dry creek bed adjacent to the Belleville East High School on June 26, 1988, by a high school maintenance man. The victim was found lying on her back with her legs slightly apart and her arms out at her sides, partially raised toward her head. She was naked except for tennis shoes and socks, and an elastic ankle brace on her left ankle. A white blouse was on her left arm and a pair of pink shorts were near her right foot. A section of metal pipe was lying near her left side. A set of keys was found under her left hand after the body was moved. The body itself was infested with insects and maggots and badly decomposed. Crime-scene technician D.W. Heil testified at trial that he had observed signs of a struggle about 20 feet from where the body was found. Heil interpreted this to be consistent with someone being dragged on one knee and trailing a hand. Heil, however, was not certain of this and agreed that numerous police personnel had been in the area possibly distorting or destroying any marks in the mud of the creek bed.
Pathologist Raj Nanduri conducted the autopsy on the body, but she was unable to determine the precise medical cause of death due to the advanced degree of decomposition. She was able to rule out heart disease and gunshot or stab wounds to a vital organ. She also ruled out a severe blow to the head as cause of death due to the absence of any indication of injury to the dura mater lining the brain cavity. Dr. Nanduri could not rule out strangulation because the hyoid bone, which would usually be broken when a person is strangled, was missing. She could only determine, considering where and how the body was found, that the manner of death was homicide. She could not determine whether a sexual assault had occurred. Nanduri testified that death had occurred anywhere from 4 to 10 days prior to discovery. She did not observe any tattoos on the skin which remained on the body, but she did notice that certain teeth were missing. However, Dr. Nanduri believed they fell out due to decomposition rather than from a blow to the mouth. The items she removed from the body included a plastic red barrette, a pair of socks, a pair of tennis shoes, and a wristwatch, still running in the stopwatch mode.
Prior to trial, hearings were held on defendant's motions to suppress (1) all evidence obtained as a result of defendant's arrest and (2) any statements obtained during interrogation because of defendant's alleged inability to waive his Miranda rights.
Detectives Knefelcamp and Boyne testified at the hearing on defendant's motion to suppress evidence obtained as a result of the arrest. On the afternoon of June 26, 1988, the crime-scene area had been taped off approximately 200 yards beyond where the body was found. Sergeant Steve Knefelcamp was assisting the Major Case Squad in its investigation of the crime scene when he noticed the defendant walking toward the creek bed where Cardenas' body had been found. The defendant, according to Knefelcamp, had walked about 150 yards past the yellow police line sticker and was about 50 yards from the creek bed.
When Detective Boyne initially approached the defendant and identified himself as a police officer, the defendant continued walking towards the crime scene and did not respond to Detective Boyne. Eventually Officer Boyne stopped the defendant and asked him who he was and if he had some identification. The defendant gave his name but said that he had no identification. Boyne was then joined by Knefelcamp and Detective Barfield. They asked the defendant where he was staying, and he replied he was staying with the Salvation Army. The officers sought to verify this but were informed by the dispatcher that, according to the Salvation Army personnel, the defendant was not staying there and never had. When confronted with this information the defendant said that he was staying in the wooded area and pointed in the direction of where the body had been found. Defendant then immediately pointed in another direction, saying, "Well, not there, over there."
Sergeant Knefelcamp testified that he asked the defendant if he had any identification on him or in his bag or backpack. When the defendant said no, Knefelcamp asked if he would mind if the officer took a look. The defendant said that he had no objection. Inside the bag and backpack were found clothing, books and notes, some of which contained sexual references. There were also letters apparently written by defendant to himself and relating to personal fantasies. When asked if he was married, the defendant said that he presumed himself married because he figured there was a woman out there somewhere that would marry him and love him.
At this point Sergeant Knefelcamp decided to question defendant further at a later time. He told Officers Boyne and Barfield to arrest the defendant for obstructing a police officer. The defendant was taken to the Belleville Police Department.
At the hearing to suppress defendant's statements due to defendant's alleged inability to waive his Miranda rights, the State called Officers Boone, Wagner, Heffernan and Morgan. The defendant called Dr. Daniel Cuneo. Following his arrest, the defendant was interviewed and made several statements. Detective Walter Boone was asked to assist in the interrogation of Rodney Woidtke on the Cardenas murder on June 26, 1988. He and Detective Richard Wagner began to interview the defendant around 7:30 p.m. at the Belleville Police Department. The defendant was first asked if he had any mental or physical problems that would keep him from understanding what he was saying or doing or what the officers were saying or doing. The defendant replied no. The defendant was then read his Miranda rights, acknowledged that he understood those rights, and agreed to waive them.
Officer Boone then questioned the defendant about his sexual activities including acts of homosexuality. The defendant became upset and refused to talk with Detective Boone. At this point Boone left the room. He testified that he found the defendant's answers rational, and that defendant appeared to be upset but did not appear to be delusional, disoriented or confused.
Detective Wagner testified that after Officer Boone had left the room, he asked the defendant about his background. The defendant was able to clearly relate his background, and his answers to questions concerning the victim's death seemed responsive and appropriate. During the interview the defendant began to cry and stated that, if he had to die, he did not want it to be violent. Wagner viewed this as an acknowledgement that the defendant had done something wrong, was sorry for it, and feared he might get the death penalty. Detective Wagner found the defendant's answers responsive and appropriate. He testified that the defendant seemed sane during the questioning and apparently was not suffering from delusions or hallucinations. At one point the defendant did indicate that on occasions he heard voices, but he did not say he was hearing voices during the interview. The defendant stated that he had problems meeting and relating to women. Wagner said that at this time he told the defendant not to confess to anything he had not done. Eventually the defendant revealed that he had been in a mental hospital and that he was attempting to obtain follow-up treatment. When questioned as to why he would continue the interview knowing the defendant's mental history, Detective Wagner stated that as long as he was getting rational answers to the questions he was asking, he would continue the interview.
At approximately 3:00 p.m. the following day, June 27, Detective Mark Heffernan interviewed the defendant. Before beginning questioning he advised the defendant of his rights. Defendant indicated that he understood those rights, but he refused to sign a statement to that effect. The interview lasted approximately 2 1/2 hours. Heffernan said at the hearing that he found the defendant to be very calm and very rational...
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