Appeal from the Circuit Court of the 14th Judicial Circuit, Henry County, Illinois. No. 93-CF-253. Honorable Dana R. McReynolds, Judge, Presiding.
Released for Publication December 23, 1996.
Present - Honorable William E. Holdridge, Presiding Justice, Honorable Michael P. Mccuskey, Justice, Honorable John F. Michela, Justice. Presiding Justice Holdridge delivered the Opinion of the Court. McCUSKEY and Michela, JJ., concurred.
The opinion of the court was delivered by: Holdridge
PRESIDING The Honorable Justice HOLDRIDGE delivered the Opinion of the Court:
Following a jury trial in the circuit court of Henry County, the defendant, Fenton Jones, was convicted of two counts of aggravated criminal sexual assault, and sentenced to two concurrent eight year terms of imprisonment. On appeal the defendant maintains that the trial court erred in denying his motion in limine wherein he sought to suppress certain written and oral statements he made to police investigators following a request for representation by counsel. We affirm.
The defendant was charged with committing acts of sexual penetration on his niece and step-daughter, both of whom were approximately eight years old at the time the attacks allegedly occurred.
At the hearing on defendant's motion to suppress, Lieutenant Rod Huber of the Henry County Sheriff's department testified that on July 28, 1993, he called the defendant at his work in Princeton, Illinois and asked the defendant to meet him during defendant's lunch break. The defendant agreed and arrived at the Bureau County Sheriff's office at 11:30 a.m., where he was met by Huber and Lisa Trevier, an investigator with the Illinois Department of Children and Family Services.
Huber advised the defendant of his Miranda rights, after which the defendant signed a written wavier of those rights. Huber then told the defendant that he and Trevier were investigating an allegation that the defendant had sexually molested S.J., the defendant's niece. The defendant denied the allegation, and shortly thereafter, Huber told the defendant he could leave. Before the defendant left, however, Trevier informed him that she was going to talk to his step-daughter, A.S., and other children who resided in defendant's home.
After Huber and Trevier visited the defendant's home and interviewed his wife, Melody Jones, and her children, Huber telephoned the defendant and requested that he agree to a second interview. The defendant agreed, and a second interview was held at the Bureau County Sheriff's office shortly after 5:00 p.m. Huber and the defendant went to an interview room, according to Huber, they were alone. Huber told the defendant that they needed to discuss a new allegation that the defendant had sexually molested his step-daughter. When Huber began to advise the defendant again of his Miranda rights, the defendant stated that he wanted to have an attorney present.
Huber testified that, upon hearing the defendant ask for an attorney, he told the defendant there would be no more questions, that the defendant was not under arrest and that he was free to go. Huber then told the defendant that the case would still be under investigation, that it involved a serious charge, and that the defendant would be sent to prison if he was convicted. After hearing these remarks by Huber, the defendant broke down and cried and said that he wanted to talk. Huber told the defendant that he could not talk to the defendant because of his request for an attorney. Huber told the defendant to leave and come back later if he wanted to talk. Huber testified that at no time during the discussion did he yell or shout at the defendant.
Huber further testified that the defendant then left the building. A short time later, an officer told Huber that the defendant was back and wanted to talk to him. Huber met the defendant in the lobby and asked what he wanted. The defendant said he had gone out and given his car keys to a co-worker, who Huber surmised had accompanied the defendant to the police station.
Huber, Trevier, the defendant and Officer James Whitko then went into an interview room. Whitko read the defendant his Miranda rights, and the defendant then executed a written waiver. Huber questioned the defendant, who admitted to acts of sexual penetration of both A.S. and S.J. Huber then took a written statement, and the defendant signed each page of the statement, as well as a written waiver form allowing them to transport him to Henry County.
The defendant's testimony at the suppression hearing contradicted Huber's testimony concerning what transpired after the defendant requested to speak to an attorney. The defendant testified that after his request Huber became angry and yelled at him. Furthermore, Huber told the defendant that he would be going to prison for a long time, maybe 30 years, that the defendant's wife and children did not ...