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People v. Parquette

OPINION FILED MARCH 27, 1984.

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

v.

ROLAND PARQUETTE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. Earl Strayhorn, Judge, presiding.

JUSTICE PERLIN DELIVERED THE OPINION OF THE COURT:

On November 3, 1981, Roland Parquette was charged by information with three counts of murder (Ill. Rev. Stat. 1981, ch. 38, par. 9-1), two counts of home invasion (Ill. Rev. Stat. 1981, ch. 38, par. 12-11) and three counts of armed violence (Ill. Rev. Stat. 1981, ch. 38, par. 33A-2). After a bench trial he was convicted of murder and was sentenced to 20 years' imprisonment. He contends here that the trial court erred (1) in denying his motion to suppress statements; (2) in admitting into evidence defendant's wife's rebuttal testimony regarding an abortion; (3) the State failed to comply with discovery; and (4) the State failed to prove defendant guilty beyond a reasonable doubt of the mental state required for murder.

At a hearing on defendant's motion to suppress his statements, Officer Schak of the Chicago police department testified that on October 7, 1981, he was investigating the shooting death of James Ward. That evening he and "several" other officers went to defendant's apartment. They heard "breathing or gurgling noise" coming from the apartment. Twenty minutes of pounding on the door did not arouse an occupant. After 20 more minutes the apartment door was forcibly removed. Defendant was found asleep nude in his bed. Several officers, "some" with their guns drawn, awakened and arrested defendant. Several guns were recovered from the apartment, including one later identified as being of the same caliber as that used to kill Ward.

On direct examination Officer Schak testified with regard to interrogation of defendant at his apartment as follows:

"Q. While you were at — and Roland's apartment was at 510 at 2001 West Summerdale — was there any conversation between Mr. Parquette and police officers?

A. Yes, sir.

Q. What was that conversation?

A. His name and —

Q. Didn't you ask or inquire of Mr. Parquette or any officer in your presence in the apartment ask Mr. Parquette anything in regards to the death of James Ward?

A. No, sir."

On cross-examination the following exchanges occurred:

"Q. Did you say [in your police report] then the subject was roused and advised of his rights whereupon he admitted to the shooting of James Ward at his former address 3834 West George Street?

A. Yes, sir.

Q. Well, now, is this correct where you had written in the police report that you were, he was roused and advised of his rights whereupon he admitted to the shooting of James Ward at his former ...


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