APPEAL from the Circuit Court of Du Page County; the Hon.
HELEN C. KINNEY, Judge, presiding.
MR. PRESIDING JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:
Several inculpatory statements made by defendant while in custody on the day of her arrest on a charge of murder were suppressed. The People appeal from the adverse portions of the suppression order pursuant to Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1)). In issue is whether defendant was advised that she had a right to have an attorney present at questioning, whether she was capable of understanding and intelligently waiving her constitutional rights and whether statements made after defendant said she did not want to answer any more questions are admissible.
At about 8:20 a.m. on January 19, 1977, a woman called the Wood Dale police stating that she had just shot a man and gave an address. When an officer appeared at the described residence defendant handed him a revolver. The officer took her into custody and advised her "not to give any information." Defendant responded, "What more can I say? I shot him." Defendant was then taken to the Wood Dale police station where a Bensenville police officer came, told defendant she was under arrest for murder and advised her of her Miranda rights (Miranda v. Arizona, 384 U.S. 436, 476-77, 16 L.Ed.2d 694, 725, 86 S.Ct. 1602, 1629 (1966)) including her right to remain silent and to have an attorney present when questioned. Defendant was taken to the Bensenville police station immediately. At about 9:52 a.m., J. Michael Fitzsimmons, the State's Attorney of Du Page County, arrived. He testified that he advised defendant of her Miranda rights including her "right to an attorney." While he did not at first testify that he told defendant that she had the right to have an attorney present at questioning the state's attorney answered a further inquiry that it was his "memory" that he told her that she had a right to have a lawyer consult with her when she was questioned.
Fitzsimmons testified that he asked the defendant if she would answer some questions; she said, "Yes; but I want to ask a question first. May I do that?" The state's attorney replied affirmatively and the defendant asked, "Is my Irv dead?" When the police officer present said that he was dead, the defendant inquired as to the "time." She was told that the shooting had taken place about 7:20 a.m. After several preliminary questions as to her identity, address and her family, defendant answered "I don't think I want to answer any more questions. Can I do that?" The state's attorney told her that she could do that and ceased his interrogation, telling her that she would be transported to the county jail and would have to appear before a judge.
Fitzsimmons then testified as follows:
"And I asked her whether she had been charged. I asked Officer Detective Long whether or not she had been charged.
She said The question was not directed to her. The police officer said, `No, not yet,' and she said, `Why not?'
And I said, `We have to make sure that you are the one who committed the crime,' or words to that effect, `before we can proceed.'
And she said there may have been some preliminary conversations of other people in between, and she said, `Well, I shot him; didn't I,' or something like that.
And then again apprised her, or started to apprise her she had a right to an attorney. I asked her if she had an attorney. She said she did not and did not want an attorney.
I told her that she would be brought before the Court to post bond. She said she didn't want to post bond and that she didn't want an attorney appointed for her, and she said she wanted to talk to her son.
I said, `Perhaps your son will hire an attorney for you.'
She said, `No; I did this by myself. I don't want any help from my son. I don't want an attorney,' and there was probably some more conversation about cigarettes and the location of her son and daughter, and whether or not ...