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04/07/87 the People of the State of v. Eugene Haymer Et Al.

April 7, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

EUGENE HAYMER ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

506 N.E.2d 1378, 154 Ill. App. 3d 760, 107 Ill. Dec. 323 1987.IL.452

Appeal from the Circuit Court of Cook County; the Hon. Lawrence A. Passarella, Judge, presiding.

APPELLATE Judges:

JUSTICE STAMOS delivered the opinion of the court. SCARIANO, P.J., and BILANDIC, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STAMOS

Plaintiff-appellant, the People of the State of Illinois (State), appeal from the circuit court's order granting defendants-appellees', Eugene Haymer (Haymer) and Michael McCoy (McCoy), motions to suppress inculpatory statements. The State appeals alleging that the circuit court erred in ruling that: (1) Haymer and McCoy's statements to police were involuntarily given and (2) Haymer's arrest was not based on probable cause.

The record reflects the following. On July 20, 1984, Jesse Robinson was shot at 3250 South Lake Shore Drive. Detective Jean Romic testified that she was assigned to investigate the shooting. One or two days after the shooting, Romic interviewed Officer Linzay of the Chicago police department. He stated that he was on patrol in the area of the shooting when he was stopped by a female in a car asking directions to a hospital because a man in her car had been shot. Officer Linzay told Romic that he spoke with Sammy Brown, an eyewitness to the shooting. Brown told Officer Linzay that he had observed two or three black males, who had done the shooting, get into a car. Brown's girlfriend had recorded the license number, which was found to be registered to defendant Haymer of 3519 South Federal, apartment 301. Romic was unsuccessful in locating the vehicle.

On July 23 or 24, Romic learned that Haymer was interviewed at Area One Headquarters by Detective Morrissey on July 22, 1984. Haymer told Morrissey that he was at the lakefront on the evening of the shooting with his girlfriend, Gloria Shanklin. Haymer stated that they had heard shots and left because they didn't want to become involved. Morrissey then spoke to Gloria Shanklin, who corroborated Haymer's statement.

The victim, Jesse Robinson, remained in a coma until his death on October 2, 1984. On October 4 Romic and her partner, Detective Habiak, were assigned to follow up on the July 20, 1984, shooting incident. They went to 3519 South Federal and found a vehicle described by Sammy Brown and registered to Haymer. Haymer observed the officers examining his car and came out to speak to them. The two officers informed Haymer that the investigation concerning the shooting was still pending and that the victim, Jesse Robinson, had died. Haymer agreed to go to Area One Violent Crimes Headquarters. At Area One Haymer was taken to an interview room on the second floor. Habiak read him his Miranda rights. Haymer repeated the same version of events that he had previously given to the police on July 22, 1984. Haymer agreed to take a polygraph examination. The examination took place at 11th and State at 9 p.m. The examiner told Romic that Haymer had lied regarding the shooting incident. The officers took Haymer to Area One and placed him in an interview room while they endeavored to find Sammy Brown and Gloria Shanklin.

At about 2:30 or 3:30 a.m. on October 5, Romic and Habiak informed Haymer that the polygraph examiner said that he was lying and that they could not find Gloria Shanklin. The officers asked Haymer if he wanted to change his story and he replied he did not. Haymer was then placed under arrest and taken to the lockup. Detectives Romic and Habiak returned to work at 4:30 p.m. on October 5. The officers found Gloria Shanklin and brought her to Area One. She repeated that she and Haymer were down on the lakefront when they heard shots and ran away. She agreed to take a lie detector test. As Romic was making the arrangements for the test, Shanklin told Habiak that she had not been telling the truth regarding the shooting incident. She said that she was not at the lakefront with Haymer that night; that Haymer had called her up and asked her to lie for him; that she agreed when he swore that he had not shot anyone.

Between 7:30 and 7:45 p.m. on October 5, 1984, Romic and Habiak again interviewed Haymer. The officers advised him of his Miranda rights and related what Shanklin had told them. Haymer then told the officers that he wanted to tell them what really happened. Romic testified that Haymer told the officers that he had gone up to the lake with two of his friends, Michael McCoy and Darrell Ivory, to drink and get high. Haymer said that Ivory walked from the car to go to the bathroom. He saw Ivory approach another car and say something to an elderly man in the car; then Ivory shot the old man. Ivory returned to the car and they left the scene. After Haymer gave the officers this statement, the officers returned Haymer to the lockup. At 2 a.m. on December 6, Romic and Habiak consulted with Assistant State's Attorney Grinbarg regarding charging Haymer. After telling Grinbarg all the information they knew regarding the case, Grinbarg advised the officers that the State's Attorney's office would not approve charges unless the police found McCoy or Ivory to dispute or verify Haymer's statement. Habiak then requested that the prisoner be held past the court call in order to allow the police more time to investigate. Haymer was not, in fact, brought before a Judge. He was released at 11:30 p.m. on October 6, 1984. Officer Romic placed all the information regarding the shooting that she had into a police report and the investigation was turned over to other detectives.

On October 8, 1984, Detective Henry Singler arranged to meet with Haymer and McCoy at 35th and Federal. Between 12 and 12:30, Singler and Detective Michael J. O'Connor met defendants and they agreed to accompany the officers to Area One Headquarters for questioning. Neither defendant was arrested or handcuffed but were put in interview rooms at Area One. Prior to interviewing McCoy, Singler read him his Miranda rights. O'Connor had a conversation with Haymer after reading him his Miranda rights. After talking to McCoy, Singler summoned Assistant State's Attorney Norma Reyes, who arrived at Area One, Violent Crimes, at 2 p.m. to interview the two witnesses. Singler and O'Connor furnished her with various relevant police reports. Reyes identified herself to Haymer and also read him his Miranda rights in the presence of Singler and O'Connor, who were also present for the interview. Haymer said that he, McCoy, and Ivory had gone down to the lakefront to drink and get high. Ivory went to urinate and he heard Ivory talking to some man in a car and heard shooting. Then Reyes talked to McCoy. Singler and O'Connor were also present at the interview. Reyes identified herself and also read McCoy his Miranda rights. McCoy stated that he, Haymer, and Ivory went to the lakefront to get high and Ivory shot at something. McCoy also said that he did not possess the gun used by Ivory that night.

Reyes interviewed Ivory at approximately 3:40 p.m. on October 8. After interviewing him, she then asked all three men if they would be willing to take polygraph examinations. Each man agreed. Ivory said he was not with Haymer or McCoy at the shooting. He did, however, state that he saw McCoy the following Monday. McCoy told him at that time that, "I bumped myself a nigger." Ivory said he was with a friend named "O.J." or Orlando Johnson on the night of July 20, 1984. O'Connor called Orlando Johnson. Johnson stated that he had not seen Ivory since July 2 or 3 and that he was not with him on July 20, 1984. Ivory also said he was with a man named "Tecoe" or Martin Walker on the Monday after the shooting when he saw McCoy. O'Connor called Martin Walker. Walker told O'Connor that he had seen McCoy, Haymer, and Ivory in the area of 35th and State on Monday following the shooting, although they did not appear to be together. Walker told O'Connor that later that evening Haymer told him that "Ivory is crazy and that he shot somebody over by the lakefront." O'Connor testified that at 9 p.m. on October 8, he and his partner, Detective Murphy, placed Haymer and McCoy under arrest.

At approximately 10:30 a.m. on October 9, 1984, Detectives O'Connor and Carroll transported McCoy to 1121 South State where McCoy was taken to the polygraph room. An hour and a half later, O'Connor and Carroll returned McCoy to Area One. O'Connor testified that on the way back, he advised McCoy of his Miranda rights and told him he had failed his polygraph exam. He also informed McCoy that the detectives had a .38 caliber pistol taken from him by other officers in an unrelated arrest for unlawful use of a weapon several days after the shooting of Jesse Robinson and subsequently linked it to the shooting. O'Connor also told McCoy that "it would save a lot of time and trouble if you could just tell us what you know about this case." O'Connor further testified that just as he, Carroll, and McCoy were entering the Area One building, McCoy stated, "Wait a minute man. I'm going to tell you what I know." Carroll testified that it was about 11 a.m. when they placed McCoy in an interview room. Carroll and O'Connor then interviewed McCoy with regard to the events that took place on July 20, 1984. Singler and Morrissey were informed of McCoy's statements. Singler then called Reyes. Carroll testified that at no time did he or anyone in his presence hit or punch McCoy on ...


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