Appeal from the Circuit Court of Winnebago County; the Hon.
ALBERT S. O'SULLIVAN, Judge, presiding. Judgment of conviction
MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT.
Defendant Gordon Kent Goad was tried before a jury, found guilty of burglary, and sentenced to the penitentiary for a term of not less than two years, nor more than ten years. In this appeal he contends that the trial court erred in denying his motion to suppress an oral confession; and that the State failed to prove him guilty beyond a reasonable doubt.
Defendant's Motion to Suppress his oral confession alleged under oath that he was arrested at 9:00 o'clock in the morning of September 14, 1965; that shortly after his arrival at the Winnebago County jail he asked Officers Iasparro, Ebens and Graham for permission to call an attorney and they denied such request; that the officers began interrogation and during that time he repeated his request for permission to call an attorney and that his request was denied; that he was taken to his cell and enroute again asked permission of the desk officer to call an attorney and was denied his request; that on the morning of September 15th, he was again called to the interrogation room and enroute, asked and again was denied the permission by head jailer Banks; that he was taken to the interrogation room and renewed his request to Officers Iasparro, Ebens, Graham and Wales and was again denied the permission; that during interrogation he was promised that if he confessed to an alleged burglary in Ogle County, the officers would try to have that offense tried with this case; that if he admitted the commission of three alleged burglaries, the officers would let him call an attorney; and that he made an oral statement September 15th and was then given permission to call an attorney.
At the hearing on the Motion to Suppress defendant Goad testified generally to the same effect as related in his sworn affidavit except that he then said he had asked the jailer, Banks, for permission to call an attorney prior to being questioned on September 14th, rather than on the way to the interrogation room on September 15th; and, also contrary to his affidavit, he testified that two additional officers, Wales and Brown, were present on September 15th.
Defendant testified on cross-examination that when he was asked by the officers if they should bring the impleaded co-defendants down, he answered:
"Q. Well, are those your words?
"A. I never told any words. I admitted doing the burglary. He asked me did I do it or not, and I said yes, that was it."
He further testified that after one of the co-defendants was brought down, "When I was leaving the interrogation room that day, I told them, Yes, I did it."
At the hearing on the motion, Officers Iasparro, Ebens and Brown testified that they interrogated defendant on September 14th, within 15 or 20 minutes of his arrival at the jail, and that no other officer was present. Officer Iasparro testified that Sanner came into the interrogation room on the 14th at Goad's request to see him "before he said anything"; that Goad and Sanner had a conversation at which Sanner told Goad the other co-defendants "have copped out on us" and that Goad "might as well tell him your story"; that Goad said substantially what was in the typed statement but refused to sign it when it was brought to him. He testified that he asked Goad if he wanted an attorney and Goad said, "No, he didn't have any money, he didn't need an attorney." He explained his rights to him as they were posted and Goad did not request to see or call an attorney in his presence. Goad said that he went into the building with the co-defendants, they busted open a safe and split the money. No threats or promises were made. The entire interrogation took only an hour. He testified that there was no subsequent statement taken.
Officer Ebens also testified that Goad did not request an attorney; that Goad stated "he knew his rights"; and that when asked if he wanted to call an attorney, Goad said he had no money, he didn't wish to call; and that Goad never asked to call an attorney.
Officer Brown testified at the hearing on the motion substantially as did the other two officers as to the circumstances of the interrogation, except that he believed that the interrogation took an hour and 15 or 20 minutes. He also testified that he was Captain of detectives and did not assign any other officers to interrogate the defendant at any time.
Defendant Goad did not testify before the jury.
The defendant contends that the statement should have been suppressed because he was denied counsel, and because all material witnesses to the statement ...