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People v. Clemens

DECEMBER 13, 1972.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

WILLIE CLEMENS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. MEL R. JIGANTI, Judge, presiding.

MR. JUSTICE BURMAN DELIVERED THE OPINION OF THE COURT:

After a bench trial, the defendant, Willie Clemens, was found guilty of the murder of one Phillip Christopher, and was sentenced to the penitentiary for a term of not less than 20 nor more than 40 years.

On appeal he contends that (1) the court erred in denying a defense motion to suppress the defendant's testimony at the Coroner's inquest; (2) he was not proven guilty beyond a reasonable doubt, and (3) his sentence should be reduced.

Prior to trial, the defendant pleaded not guilty and moved to suppress the statements made by him at the Coroner's inquest. After an evidentiary hearing the motion was denied.

The defendant first contends that his right to counsel was not knowingly and intelligently waived prior to his giving testimony at the Coroner's inquest and that his statement should have been suppressed.

There is no dispute that the defendant was adequately admonished of his rights under Miranda v. Arizona, 384 U.S. 436. The principal contention is that the court reporter's shorthand notes indicated only that there was an affirmative response, and that the reporter wasn't certain from his notes whether the defendant or his co-defendant or both responded.

At the hearing on the motion to suppress, Detectives William Looney and Adolph Learas of the Chicago Police Department testified that they arrested the defendant on August 24, 1968. They said they took him to Area 4 Homicide Headquarters. Prior to any interrogation, they advised defendant of his Miranda rights. Detective Looney stated that at the conclusion of the warnings, the defendant said, "I have heard this before." Detective Learas stated that the defendant told them that "he knew all this, this had been told to him at some time before in another problem that he had." When Detective Looney asked the defendant if he was willing to make an oral statement, the defendant refused.

Joseph L. Liska, the deputy coroner who conducted the inquest, testified that he read the Miranda warnings to the defendant and to a Willie Johnson from a card given to him by the State's Attorney's office. He then asked the defendant if he understood, and the defendant said he did. The witness stated that defendant made an audible affirmative response to the question. He asked the defendant if he wished to testify and the defendant said "yes." He also asked him whether he wanted to tell his story and the defendant said he did. The defendant did not testify at the hearing on the motion to suppress.

James Cronin, the court reporter, testified that his notes showed the words "affirmative response" after Clemens and his co-defendant were advised of their rights. He stated that he couldn't say with certainty whether "affirmative response" referred to an audible or inaudible response. He also stated that it would be difficult to say which defendant made the "affirmative response."

As stated in People v. Higgins, 50 Ill.2d 221, 227, 228 N.E.2d 68, 72,

"Once the defendant has been informed of his rights and indicates that he understands those rights, it would seem that his choosing to speak and not requesting a lawyer is sufficient evidence that he knows of his rights and chooses not to exercise them. [Citation.]"

• 1-2 In the instant case, defendant's comments to the arresting officers indicated that he was familiar with his rights. A suspect's prior criminal experience tends to support a knowing waiver of rights. (People v. Hill, 39 Ill.2d 125, 233 N.E.2d 367.) Moreover, defendant's refusal to give an oral statement to Detectives Looney and Learas after being admonished as to his rights, indicates an awareness of his ability to exercise them. People v. Johnson, 112 Ill. App.2d 148, 251 N.E.2d 393.

• 3 Whether the defendant understood his rights and waived them is a factual question. The trial court's determination should not be reversed unless it is manifestly against the weight of the evidence. (People v. Johnson, 112 Ill. App.2d 148, 251 N.E.2d 393.) We have carefully examined the record and conclude that the motion to suppress was properly denied. We have examined the requirements spelled out in People v. Jackson, 23 Ill.2d 263, 178 N.E.2d 310, cited by the defense, and find that they were more than adequately met.

The defendant next contends that he was not proven guilty beyond a reasonable doubt. The record reveals that Herbert Gary, age 16, testified that he was with the defendant and others on August 19, 1968, at about 6:00 P.M. He said they drank beer and at about 11:30 P.M. talked about robbing someone. They were in the vicinity of Springfield and Roosevelt Road. They saw a man who appeared to be drunk. (Jack Christopher, brother of the deceased, testified that Phillip Christopher was mentally retarded.) When the deceased came by the alley, the defendant grabbed him around the neck. The witness and another fellow went ...


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