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People v. Madden





Appeal from the Circuit Court of Cook County; the Hon. Maurice D. Pompey, Judge, presiding. JUSTICE WHITE DELIVERED THE OPINION OF THE COURT:

Following a stipulated bench trial, defendant Michael Madden was convicted of murder, rape and aggravated kidnaping. (Ill. Rev. Stat. 1983, ch. 38, pars. 9-1, 11-1, 10-2(3).) He was sentenced to concurrent terms of natural-life imprisonment on the murder conviction, 30 years for the rape and 15 years for the aggravated kidnaping. On appeal, he contends that the trial court erroneously denied his motion to suppress his statement where the uncontradicted facts showed that: (1) he was interrogated shortly after his two suicide attempts; (2) the police violated specific physician's orders to bring him to a mental-health facility; (3) the interrogation period lasted 30 hours; (4) his I.Q. and problem-solving ability were very low; (5) a physician had injected him with Haldol, a major tranquilizer; and (6) the uncontradicted expert testimony was that he could not knowingly and voluntarily waive his constitutional rights.

At the suppression hearing, Officers Green and Dwyer testified that they arrested defendant at 8 a.m. on January 5, 1981. When Officer Green advised defendant of his rights, defendant stated that he understood and he appeared calm and able to understand questions. He was placed in an interview room and given a cup of coffee. No threats or promises were made to him.

Officer Reagan testified that he interviewed defendant, who appeared calm, at 8:30 a.m. on January 5, 1981. When the witness advised defendant of his rights, defendant said he understood and would be willing to talk, but denied participation in any crime. At approximately 1:30 p.m., Officer Reagan and Assistant State's Attorney Steingold entered the room. The assistant State's Attorney advised defendant of his rights and explained that he was not defendant's attorney. Defendant, who appeared calm and alert, stated that he understood. Officer Reagan and the assistant State's Attorney left the room after 15 minutes but reentered one-half hour later for 20 minutes at which time the assistant State's Attorney again advised defendant of his rights and defendant stated that he understood.

Officer Markham testified that after he advised defendant of his rights at 5:30 p.m., defendant agreed to answer questions so the witness summoned the assistant State's Attorney, who again advised defendant of his rights. Defendant stated that he understood and the assistant State's Attorney left the room after approximately 30 minutes. During this conversation defendant asked the assistant State's Attorney what kind of deal he would get if he "talked," but the assistant State's Attorney stated that he could not make any offers. Defendant then made certain admissions regarding other cases.

When Officer Markham and Assistant State's Attorney Steingold reentered the room at approximately 7:30 p.m., defendant requested coffee, which was brought to him in a glass cup. He was then left alone in the room. At approximately 8 p.m. Officers Reagan, Markham and the assistant State's Attorney heard the sound of glass breaking. Upon reentering the interview room, Officer Reagan saw defendant cutting his wrist with a piece of glass. Reagan removed the glass and made arrangements to have defendant taken to a hospital. Officers Markham, Reagan and Assistant State's Attorney Steingold all testified that no threats or promises were made to defendant.

Officers Glynn and Redmond testified that when they brought defendant from the lockup for a lineup at 12:15 p.m. on January 6, 1981, he stated that he had eaten, but asked for some coffee which he was given. When they asked him about cutting his wrist the previous day, defendant stated that he was "just playing around." At approximately 2:30 p.m. the officers interviewed defendant after advising him of his rights. Defendant appeared calm, coherent, awake and alert. He seemed to understand the officers and stated that he understood his rights. He also did not appear to be under the influence of any drugs or alcohol. When defendant then made a statement, the officers summoned Assistant State's Attorney Joan Corboy, who explained to defendant that she was an assistant State's Attorney, not his attorney, and advised him of his rights. Defendant stated that he understood each of his rights. When she then asked him if he would tell her what he had just told the officers, defendant stated, "I have already admitted my guilt to them; do I have to talk to you?" When she replied "No," defendant requested a lawyer, and the assistant State's Attorney and the officers left the room. According to the assistant State's Attorney, defendant appeared articulate, alert and responsive, he did not appear to be under the influence of drugs or alcohol, and he made no complaints of mistreatment by the police. According to Officer Redmond no threats or promises were made to defendant in his presence.

Dr. Helen Morrison, a psychiatrist, testified as an expert witness for the defense. When she first examined defendant on January 29, 1981, he became very emotional and terminated the interview. She later reexamined him, interviewed his mother and sister, and examined reports from Provident Hospital, Cook County Hospital and Cermak Hospital, as well as prior police reports from 1980 and 1981, and treatment records from Michael Reese Hospital in October 1980 which listed defendant's symptoms as a gunshot wound, alcohol ingestion and nervousness. The Provident Hospital records from January 5, 1981, showed that defendant had been brought to the emergency room by police stating that he had cut his wrist. At the hospital a hidden piece of glass was found in his sock and he was given a five-milligram injection of Haldol, a major tranquilizer used for psychosis, because he was felt to be acutely suicidal. According to Dr. Morrison, one milligram of Haldol is equivalent to 100 milligrams of Thorazine and its potency if given by injection is extremely high. The half-life of Haldol is between 15 and 24 hours. Dr. Morrison expressed her opinion that as of January 6, 1981, at 2:30 p.m., when defendant made his statement, he could not have appreciated or understood what he was doing and would not have been able to exercise free will because of the combined effect of his mental state and long lasting effect of the Haldol.

Dr. Morrison further testified that defendant's I.Q. of 82 placed him at the dull-normal intellectual level close to the borderline-retardation range so that he would normally have difficulty with problem solving. Moreover, his X rays showed some organic dysfunction. Hence, defendant could be expected to have been more severely affected by Haldol, which would have increasingly impaired his ability to problem solve or understand. Dr. Morrison admitted that the Cook County Hospital records from January 6, 1981, at 1:27 a.m., showed that the physician did not consider defendant to be acutely psychotic, Dr. Garland's report stated that there was no gross organic pathology, a physician who reviewed defendant's brain scan stated that it was normal, and the report of defendant's electroencephalogram made no mention of abnormality. However, according to the witness, Dr. Garland's report showed certain indications of gross organic pathology and defendant's brain scan revealed possible epileptic forms. Moreover, the stress defendant was kept under for a prolonged period of time prior to his statement would affect his ability to problem solve. She further testified that Provident Hospital made a psychiatric reservation for defendant because of his suicidal behavior, but the police did not take him to that hospital but rather took him to the police station. At 2:30 p.m. on January 6, 1981, defendant's speech would not necessarily be slurred and a lay person who did not know about the drug could be expected to characterize him as alert and oriented and not appearing as having outward signs of operating under the influence of Haldol. Dr. Morrison concluded that defendant would not have been able to exert his constitutional rights at 2:30 p.m. on January 6, 1981, because of his organic condition, the Haldol, and the extreme stress placed on him during the extended period of time he was held.

Dr. Helmut Jirku, a psychiatrist, testified that he saw defendant at the Cook County Hospital emergency room at approximately 2 a.m. on January 6, 1981. Dr. Jirku was told that defendant had attempted to slash his wrist, had exhibited unusual behavior, and had been crying or singing earlier while at Provident Hospital. However, at Cook County Hospital defendant was acting calmly, not psychotically, and was oriented. Dr. Jirku, who did not have a complete medical history or the Provident Hospital records, determined that defendant was not acutely psychotic. However, Dr. Jirku further testified that if he had known that defendant had previously been given Haldol, he would have diagnosed an acute psychotic episode. Defendant was not given psychiatric treatment at Cook County Hospital because it has no psychiatric facility. However, in Dr. Jirku's opinion, defendant needed psychiatric treatment because of his suicidal behavior. If Dr. Jirku had known that defendant required Haldol, he would have been more insistent upon recommending to the officers that defendant be sent to a psychiatric facility. The witness noted on the hospital record that defendant had been seen at Cermak Hospital.

Dr. Tungi Ladipo testified that he was working at the Provident Hospital emergency room on January 5, 1981. He sutured defendant's wrist and prescribed a five-milligram injection of Haldol because defendant became agitated, broke a bottle, tried to drink the contents, and tried to cut himself with the glass while at the hospital. The witness prescribed Haldol to calm defendant and also because defendant may have had some psychotic episode that the witness wanted to bring under control. Dr. Ladipo then arranged to have defendant admitted to Cermak Hospital because he needed further hospitalization. The police refused to allow defendant to be transferred by ambulance but said they would take defendant there.

In rebuttal, the State presented Dr. Wettstein, a psychiatrist, who testified that five milligrams of Haldol is a relatively small dose because doses of 50 to 100 milligrams are prescribed for patients with major psychiatric problems. Although people react differently to the same medication, in general, a five-milligram dose of Haldol would have a minimal effect upon someone, which might include mild drowsiness or sedation, difficulty with movement or slurred speech. According to Dr. Wettstein, half of the drug would be metabolized within 15 to 24 hours, so that 17 hours after the injection of five milligrams of Haldol, only approximately 2 1/2 milligrams would be left in the body. A dose of 2 1/2 milligrams of Haldol would not present anything more than a mild, if at all, noticeable degree of sedation, drowsiness, confusion or movement disorder. He admitted that after 17 hours the drug might have an effect that only the patient would notice. However, at 2:30 p.m. on January 6, 1981, if the drug had any effect at all, it would make a psychotic person less psychotic and might reduce hallucinations, delusions, anxiety, agitation, or any kind of impairment of attention or concentration span.

Dr. Wettstein further testified that if someone of defendant's height and weight were not psychotic the effect of a five-milligram injection of Haldol might be different. He acknowledged a recent study which reported prolonged adverse effects of Haldol when given orally to normal subjects. The witness reviewed defendant's police report, reports of Drs. Morrison and Silverstein and hospital records from Provident Hospital, Cook County Hospital and Cermak Hospital, and reports from the Psychiatric Institute. These records showed that defendant's I.Q. was 82, his EEG showed no abnormality and Dr. Silverstein found that he had difficulty with problem solving. In expressing his opinion regarding the hypothetical effect of Haldol, Dr. Wettstein did not base his opinion on defendant's medical record. However, the factors that Dr. Wettstein disregarded in reaching his hypothetical opinion would have no effect as to the half-life of Haldol. Moreover, nothing in Dr. Jirku's report or any other report explicitly indicated that defendant was experiencing any recognized side effects of Haldol.

Officer Redmond further testified in rebuttal that when he interviewed defendant on January 6, 1981, defendant's speech was clear, his walking appeared normal, and he had no complaints of panic attacks, inability to concentrate, desire to keep moving, blurred vision, or dry mouth.

The trial court then denied defendant's motion to suppress. The trial court specifically found that defendant was not coerced into making a statement and that based upon the totality of the expert testimony and testimony of the lay witnesses, and the period of time that elapsed since the injection of Haldol, that defendant understandingly, voluntarily, ...

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