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03/22/89 the People of the State of v. Michael A. Hetzel

March 22, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

MICHAEL A. HETZEL, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

536 N.E.2d 909, 181 Ill. App. 3d 85, 129 Ill. Dec. 859 1989.IL.381

Appeal from the Circuit Court of Cook County; the Hon. Philip J. Carey, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE FREEMAN delivered the opinion of the court. RIZZI and WHITE, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE FREEMAN

After a bench trial, defendant, Michael A. Hetzel, was convicted of murder and armed violence in connection with the death of a 27-year-old woman in Lyons, Illinois. The trial court sentenced defendant to concurrent terms of imprisonment of 30 years for murder and 15 years for armed violence. Defendant appeals and asserts that the trial court erred in denying his pretrial motion to suppress statements, since defendant was denied his Miranda rights, and that the trial court erred and abused its discretion in quashing a subpoena served on a witness.

For the reasons stated below, we affirm the judgment of the circuit court.

The following evidence was adduced at the hearing on defendant's motion to suppress. Lyons police officer John Flanagan testified that on the morning of May 31, 1986, he and his partner, Lieutenant Donald Kroft, approached defendant, then 16 years old, and his parents, Albert and Patricia Hetzel, at the cemetery where funeral services for the victim were being held. At the request of the officers, defendant and his parents arrived at the police station that day at 12:30 p.m., where they met with Flanagan, Kroft, and juvenile officer Frank Krall. At the officers' request, defendant's parents signed a juvenile release form granting the police permission to speak with defendant outside of the presence of his parents. Flanagan then read Miranda warnings to defendant and his parents, all three of whom signed a waiver of Miranda rights form. Patricia Hetzel then asked Flanagan if they needed a lawyer. Flanagan responded, "[That's] what all of these rights were about," and told the Hetzels that it was at their discretion as to whether they wanted to obtain a lawyer.

The officers then spoke with Patricia Hetzel for 20 to 30 minutes outside the presence of defendant and Albert Hetzel. The officers then spoke with defendant for approximately two hours. During that time, defendant agreed to submit to a polygraph test. The police then spoke with Albert Hetzel, outside the presence of his wife and defendant, for approximately 10 minutes. The officers then told defendant's parents that there were discrepancies in defendant's stories and that defendant had agreed to submit to a polygraph examination.

On June 4, 1986, defendant and his parents again went to the police station at the police's request. Flanagan, Kroft, Krall, defendant and his parents were present in the sergeant's office where a Discussion of the polygraph test was conducted. Flanagan read aloud a juvenile release consent form printed by the John Reid Company, which conducts polygraph examinations. Defendant signed the consent form, which his parents, Flanagan, and Kroft witnessed. Defendant's parents signed the form in another place, since defendant was a juvenile, and Flanagan and Kroft also witnessed the parents' signatures. Albert Hetzel requested and was given a copy of the consent form.

On June 5, 1986, at the police's request, defendant and his parents again went to the police station. The Hetzels then followed, in their own car, Officers Flanagan and Kroft to the John Reid Company in Chicago, where they arrived around 11 a.m. Defendant went with Mark Reid, the polygraph examiner, into an interview room. Defendant's parents remained in the reception room. Flanagan and Kroft went for coffee and returned to the Reid office at noon. Around 12:23 p.m., Mark Reid told Flanagan and Kroft that defendant had failed the polygraph test and confessed to the murder. Reid Company president Joseph Buckley then spoke with the officers. Subsequently, Buckley witnessed defendant's confession with Mark Reid. Reid then told the officers that defendant told Buckley substantially the same story he had told Reid earlier.

Around 1:08 p.m., a formal confession was obtained from defendant in the presence of Mark Reid, a Reid Company secretary, and Flanagan. Prior to taking the statement, Flanagan read defendant his Miranda rights from a Reid Company form. Defendant orally waived his rights and also signed a written waiver. There was no lock on the door of the interview room, and defendant was not handcuffed.

Around 2 p.m., Buckley informed Flanagan that defendant had declined an offer of food or drink. Flanagan offered defendant food or drink at 3:30 p.m., and defendant again declined. Around 4:24 p.m., Reid gave defendant Miranda rights before handing him a typewritten copy of his confession, prepared by the Reid Company secretary from her shorthand notes taken during defendant's confession. Mark Reid read aloud the statement, in the presence of defendant, the secretary who had prepared the statement, and Flanagan. Defendant looked on his own copy, making corrections where necessary. Defendant then signed each page of the corrected written confession.

The police then told defendant he was under arrest. Flanagan asked defendant if he wanted to speak with his parents, and defendant declined. Around 5 p.m., Flanagan told Albert and Patricia Hetzel that defendant was under arrest. Flanagan admitted that around 4 p.m., defendant's parents had requested to see Lieutenant Kroft. Between 5 and 5:12 p.m., Flanagan again ...


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