APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
516 N.E.2d 582, 163 Ill. App. 3d 215, 114 Ill. Dec. 427 1987.IL.1633
Appeal from the Circuit Court of Cook County; the Hon. Ronald A. Himel, 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 was charged with murder, attempted armed robbery and armed violence. The State appeals the trial court's order granting defendant's motion to suppress certain statements.
On December 10, 1985, at about 6:30 p.m., David Yoon, the owner of a dry cleaning establishment, was murdered in the course of an attempted armed robbery. Four witnesses aided in the investigation. The first witness, a passing truck driver, told police he saw three black men on the corner approach the victim from behind as the victim was locking the store. One walked up and fired a shot. Two of the men immediately fled and the other hunched over the victim but fled as the witness parked his truck.
A second witness told the police that he had just left the cleaning store and heard a shot. He saw three black men in their early twenties "fleeing the scene."
The third witness had just left a neighboring tavern, heard a shot, and saw three black men flee in separate directions.
The last witness, Betty Stanton, managed the cleaning store, which was owned by the victim. As she left the store just before the shooting, she saw three or four male blacks standing on the corner. She was able to identify one of the men as a defendant because he was a customer. When she returned to the scene, she noticed that her boss had been shot. At that time, the men she previously saw were no longer at the scene.
Betty Stanton furnished the detectives with one of the defendant's cleaning bills. From this lead, the detectives were able to determine that the defendant had a criminal record and was released from the penitentiary on November 20, 1985. Stanton identified defendant from a photo as one of the men she saw standing on the corner before the shooting.
The murder occurred at 6:30 p.m. At 11:15 p.m. the same day, the detectives went to defendant's home. He denied being at the scene. He was frisked, handcuffed, placed in a squad car, taken to the station, and locked in an interview room. He was apprised of his Miranda rights.
At approximately 3 p.m. on December 11, witness Stanton identified defendant from the lineup. Another witness stated that defendant "looked like" the shooter. At this point, defendant agreed to take a polygraph test. Defendant phoned his mother and informed her that he was being held at the police station to take a polygraph examination the next day.
The next day, December 12, at 6 p.m., defendant was taken for his polygraph examination. One of the detectives told defendant that he would be released if he passed the polygraph test. Although he admitted being at the scene, defendant nevertheless passed ...