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02/26/87 the People of the State of v. Kenneth Dandridge

February 26, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

KENNETH DANDRIDGE, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

505 N.E.2d 30, 152 Ill. App. 3d 941, 105 Ill. Dec. 904 1987.IL.241

Appeal from the Circuit Court of Winnebago County; the Hon. Robert C. Gill, Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. HOPF and DUNN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

The State appeals from the dismissal of the information filed in the circuit court of Winnebago County which charged defendant, Kenneth Dandridge, with residential burglary.

Defendant was charged by information with the residential burglary of 619 Rome Avenue in Rockford. Defendant moved to suppress statements he made to the police and to dismiss the information, alleging that (1) he was arrested as a suspect in the burglary of 407 Huron in Machesney Park, (2) before he made any statement, detectives told him he would be charged with only one burglary, and (3) in violation of the police's promise, he was charged with the burglary of 619 Rome Avenue.

A hearing was held on the motion to suppress. Defendant was stopped on November 26, 1984, as a suspect in a home invasion in Machesney Park. Detective Salamone of Rockford told defendant in an interview that evening that evidence taken from his car indicated that he was involved in other burglaries. He and Detective Oldenburger told defendant they were not going to talk to him about the crime with which he was already charged (the Huron Street burglary) because that was the county's case. They wanted to clear up the cases in the city. They told him that if he cleared up the burglary in the city, they would charge him with one burglary in the city, although the other burglaries would be brought up in a sentencing hearing. Defendant then gave a written statement in which he admitted his burglary of a house on Rome Avenue. Salamone's report did not state that they told defendant he would only be charged with one city burglary, but stated that if he told the truth, he would be charged with only one burglary. Defendant has been charged with both the Huron Street and Rome Avenue burglaries.

Randall Oldenburger testified that defendant was told that he and Salamone were not concerned with the Machesney Park burglary and that they would charge him with only one of the numerous city burglaries in which he was involved.

Defendant testified that Detectives Salamone and Oldenburger told him that if he admitted to one of the burglaries, they would charge him with only one. He might be charged with the Huron Street burglary or another. Afterwards, he gave them the written statement on the Rome Avenue burglary.

The court granted the motion to suppress defendant's statement.

The testimony given on the motion to suppress was admitted for consideration of the motion to dismiss. William Emmert, Winnebago County Assistant State's Attorney, testified that he filed the Rome Avenue charge against defendant. Neither he nor any other assistants in the office recalled receiving a telephone call from any police officer about defendant's burglaries.

Detective Jim Young testified that he was one of the officers involved in defendant's arrest for the Machesney Park burglary. He never spoke to the State's Attorney about any agreement to charge defendant with only one burglary. Although Detective Young's report stated that such arrangements had been made with the State's Attorney's office, Detective Salamone never spoke to the State's Attorney's office about defendant's case. To his knowledge, neither Detective Oldenburger nor any other police officer contacted that office.

Detective Salamone testified that it has been a common practice for 11 years to tell someone who is being questioned in connection with several property crimes that they will charge him with only one burglary. He stated the agreement to the defendant without previously obtaining an okay from the State's Attorney's office. Over the 11 years that ...


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