Appeal from the Circuit Court of Cook County; the Hon. Richard
J. Petrarca, Judge, presiding.
JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:
Rehearing denied April 9, 1984.
After a jury trial, defendant Clyde Rogers was convicted of murder, burglary and robbery. He was sentenced to concurrent terms of imprisonment of 65 years for murder, seven years for burglary, and seven years for robbery. Defendant appeals.
On appeal, defendant contends (1) the trial court erred in denying the motion to suppress his confessions; (2) hearsay evidence was improperly admitted; (3) the trial court erred in allowing evidence that one of defendant's confessions was obtained in Pontiac, Illinois; (4) he was not proved guilty beyond a reasonable doubt; (5) his motion for a new trial was improperly denied; and (6) the trial court erred in imposing an extended-term sentence.
The charges against defendant arose from an incident during which Michael Lux was murdered and certain items were taken from Lux' home. Prior to trial, a hearing was held on defendant's motion to suppress. One statement was made on June 16, 1979, three days prior to defendant's indictment. Three other statements were made after defendant's arrest on July 31, 1979.
At the hearing, Detective John Yucaitis testified that on June 16, 1979, he spoke to defendant at Pontiac Correctional Center about the murder of Michael Lux. He and his partner Dennis McGuire met with defendant at 11 a.m. Yucaitis read defendant his rights and defendant stated he understood them. He never threatened defendant or made any promises in exchange for defendant's statement. Yucaitis told defendant that he had talked to Thomas Jones during the investigation and that Jones had been indicted. He also read parts of Jones' statement to defendant. After Yucaitis told defendant facts learned during the investigation of the murder, defendant told of his involvement in the incident. During the interview, defendant asked about the possibility of being a State's witness. Yucaitis told defendant that only the State's Attorney could consider the matter.
Officer Dennis McGuire testified he was with Yucaitis when defendant was interviewed at Pontiac. Yucaitis gave defendant Miranda warnings at the beginning of the interview. During the interview, defendant gave a statement regarding the murder of Michael Lux. Defendant was never threatened or promised anything in exchange for his statement.
Detective Peter Dignan testified that on July 31, 1979, he and his partner Robert Dwyer were instructed to bring defendant from the penitentiary at Pontiac to Chicago. When defendant was in their custody, Dignan advised defendant that he had been indicted for the murder of Lux and read defendant his rights. Defendant said he understood his rights. They brought defendant to Chicago and interviewed him at the State's Attorney's office. Prior to the interview, defendant was again advised of his rights. Defendant gave a statement and agreed to have it transcribed. Dignan contacted Assistant State's Attorney Rakoczy. Rakoczy told defendant he had been indicted, told defendant his rights and interviewed defendant. Before defendant's statement was transcribed, defendant was again advised of his rights. Each time Miranda warnings were given defendant said he understood his rights and defendant never attempted to invoke his right to remain silent or his right to counsel. Defendant was never promised leniency in return for his statement or threatened. The testimony of Detective Robert Dwyer corroborated that of Dignan.
Assistant State's Attorney Mark Rakoczy testified that when he met with defendant on July 31, 1979, he told defendant about the indictment and advised defendant of his rights. Defendant said he understood his rights. Rakoczy asked defendant whether he had been threatened or if any promises had been made to him and defendant replied no. Defendant never asked to speak to an attorney. Rakoczy never discussed the possibility of defendant being a State's witness in exchange for his statement.
Defendant testified that on June 16, 1979, he was imprisoned at Pontiac for a parole violation. On that day, he spoke with two Chicago police officers who asked defendant to give a statement about the murder of Michael Lux. Defendant said he wanted his lawyer present, but Yucaitis told him he did not need a lawyer. Yucaitis told him that Jones had been indicted, was in custody, and had given a statement. In his statement, Jones said Willie Henderson had shot the victim. Yucaitis threatened to charge defendant with murder and recommend the death penalty if defendant refused to give a statement. Yucaitis also told defendant he would never be released from prison if he did not cooperate. On July 31, 1979, Dignan and another Chicago police officer took defendant from Pontiac to Chicago. He was never advised of his rights. Defendant requested the presence of his attorney, but Dignan said that was not necessary. Defendant said he would not sign any statements, but Dignan threatened to charge defendant with murder and seek the death penalty. Dignan also said that if defendant cooperated, he would be a State's witness. Later, defendant was questioned by the State's Attorney who failed to advise defendant of his rights. The State's Attorney also threatened to charge defendant with murder if defendant failed to cooperate.
The trial court denied defendant's motion to suppress. Thereafter, the court ordered that defendant and Thomas Jones be tried simultaneously before separate juries. The following evidence was presented at trial.
Peter Lux testified that on June 16, 1978, at about 5:45 p.m., he spoke to his brother Michael Lux (the victim). The following day, he was unable to contact the victim by phone. He became worried and, at about 2 p.m., went to his brother's home. He discovered the victim's body on the dining room floor. The victim's hands and feet were bound and a belt was fastened around his neck. The house was in disarray. Lux phoned police. He noticed that two televisions and some jewelry were missing from the home and the victim's car was not in the garage.
Officer Dominick Alston and Detective Peter Dignan took part in the investigation at the victim's home on June 17, 1978. They observed the victim's body, bound hand and foot with electrical cord, lying on the dining room floor. A belt was wrapped tightly around his neck. Dignan testified the body was cold and advanced post-mortem lividity was evident in the victim's hands, arms, back and legs. Both witnesses testified that they observed drag marks on the living room and dining room carpeting from the corner where the victim's television set once stood to the kitchen at the rear of the home. The house had been ransacked, but there were no signs of forcible ...