APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
507 N.E.2d 33, 154 Ill. App. 3d 232, 107 Ill. Dec. 369 1987.IL.319
Appeal from the Circuit Court of Cook County; the Hon. Stephen A. Schiller, Judge, presiding.
JUSTICE BILANDIC delivered the opinion of the court. SCARIANO, P.J., and STAMOS, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BILANDIC
Defendant, a 16-year-old juvenile, was tried as an adult. A jury convicted him of murder. He seeks a reversal on the ground that his confession was obtained and admitted in evidence in violation of the fourth amendment (U.S. Const., amend. IV). Kenneth Fisher, a codefendant, was tried separately and is not involved in this appeal.
On May 27, 1984, at about 8:30 a.m., some boys discovered the body of the victim, Thelma Fisher. During that day, the police spoke with Troy Fisher, the victim's father, Kenneth Fisher, the victim's cousin, and Mrs. Forrester, who was Kenneth Fisher's mother. Kenneth Fisher was in police custody on an unrelated charge. From these interviews, the police were able to establish that on the evening before her death, the victim was in the company of her cousin, Kenneth Fisher, Kathy Slover, and defendant.
At about 5 p.m. on May 27, 1984, the police went to the home of Thomas Camper, defendant's uncle, with whom the defendant had been residing. Thomas Camper's son, Sammy, told the police that he saw Kenneth Fisher drop off defendant at home in the early morning hours. After being told by the uncle that defendant was in the back yard, the police went there, told defendant of their investigation of the death of Thelma Fisher, and asked him to go to the police station with them. They did not tell defendant that he did not have to go with them. One of the detectives said that he left his business card with the defendant's uncle.
On the way to the Area 4 station in an unmarked police car, defendant was driven past the area where the victim's body was found. At 5:30 p.m., defendant was placed in an interrogation room and left there while the police spoke to a Ms. Green, who told them that she was with the group earlier the night before.
Kenneth Fisher, who was in police custody at the 13th District Station on an unrelated charge, was taken to Area 4 Violent Crimes Station and placed in an interrogation room about 5 or 6 feet from the room defendant was in.
At about 6 p.m., the detectives gave defendant his Miranda rights and interviewed him. They told him that they knew he was with Thelma the night before and that he might have some information about her death. Defendant told them he was with the group, including Thelma, the evening before and was dropped off at home at about 1 or 2 a.m. He saw Fisher drive off with Thelma. He denied any knowledge of the murder.
The detectives left defendant in the interrogation room and spoke with Fisher. Fisher told the detectives that he, Thelma and defendant had driven to an area known as Hobo Hills on the south side of Chicago. Thelma and Fisher had an argument over Fisher's marijuana and during the argument, Fisher picked up a piece of rock and struck Thelma in the forehead causing her to fall. He told the detectives that the defendant got out of the car, pulled out some speaker wire with which he bound Thelma, then struck her four or five times with a chunk of concrete.
At about 8 p.m., the detectives returned to speak to defendant and again advised him of his Miranda rights. At this second interview, the detectives informed the defendant of Fisher's statement. Defendant admitted that he was at Hobo Hills when Fisher beat the victim with a rock but denied any participation in the murder.
At about 11 p.m., Mrs. Nolan, defendant's mother, phoned Area 4 and was permitted to speak with her son. After their phone conversation, Mrs. Nolan went to the station. She arrived at 11:30 p.m., ...