APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. No. 95 CR 02951. HONORABLE JOHN A. WASILEWSKI, JUDGE PRESIDING.
The opinion of the court was delivered by: Justice Wolfson
JUSTICE WOLFSON delivered the opinion of the court.
Darwin Anderson appeals his aggravated robbery conviction. He contends police officers, not he, initiated questioning that led to his signing of a written confession, in violation of his constitutional right to the presence and advice of a lawyer. The trial court found they did not. Although we are bound to apply a manifest weight of the evidence standard to the trial court's findings, we conclude the defendant's written confession should have been suppressed.
On January 17, 1995, a man dressed completely in navy blue entered the Quagliani Insurance Agency in Homewood around 10:30 a.m. The man spoke with Marilyn Kapes (Kapes) about insuring a car and identified himself as "Vincent" Anderson of Dolton. After a brief Discussion, the man left the insurance agency, returning around 12:30 p.m., only to say he would return again. Around 2:30 p.m., the man returned, stole Kapes' diamond engagement ring, and fled in a car.
Later that day, Aaron Lake, a jewelry dealer in Harvey, purchased a one-half karat diamond solitaire ring from Darwin Anderson (Anderson).
Homewood Police Detectives Douglas Roberts (Roberts) and James Denman (Denman) were assigned to investigate Kapes' robbery. Two blocks from the insurance agency, Roberts and Denman found an abandoned car. The fingerprints on the car led the police to Barbara Jacobowski (Jacobowski), who in turn led them to Anderson. On March 15, 1995, Anderson, who was in custody at the Robbins Police Department on an unrelated charge, was brought to the Homewood Police Department.
On March 16, 1995, Anderson signed an inculpatory statement. Before trial, Anderson filed a motion to suppress his statement.
At the hearing on Anderson's motion, Roberts testified:
On March 16 around 9:30 a.m., Roberts and Denman first met Anderson. Roberts advised Anderson of his Miranda rights, and Anderson indicated he understood his rights. Roberts and Denman interviewed Anderson for approximately 45 minutes, and Anderson made an inculpatory statement: "He gave us his account of implicating himself in the armed robbery ***." Roberts made notes of Anderson's confession, and later used these notes to draft a written statement for Anderson to sign.
Around 1:20 p.m., Denman took Anderson to a lineup. After the lineup, Homewood Police summoned assistant state's attorneys to interview Anderson. Around 6 p.m., Assistant State's Attorney Frank Cece told Roberts and Denman that Anderson refused to speak with assistant state's attorneys and asked to return to the lockup. Denman took Anderson back to the lockup. Several minutes later, Denman returned from the lockup, saying, "*** Anderson told [Denman] he [Anderson] would only talk to Homewood detectives ***."
Around 8:15 p.m., Roberts and Denman again spoke with Anderson for approximately 30 minutes. Roberts advised Anderson of his Miranda rights, and Anderson indicated he understood his rights. Roberts then gave Anderson a three-page written statement based on Roberts' notes of Anderson's first inculpatory statement that morning. Roberts offered to read the statement to Anderson, but Anderson chose to read the statement himself. Anderson initialed the Miranda waiver, initialed each page, and signed the last page of the statement. The prosecution presented two photographs of Anderson reading the statement.
Roberts denied he or Denman ever slapped, kicked, or punched Anderson. Roberts also denied Anderson ever complained about lack of sleep or mistreatment by Homewood Police.
On March 16 around 9:30 a.m., Denman and Roberts first met Anderson. Roberts advised Anderson of his Miranda rights, and Anderson indicated he understood his rights. Denman and Roberts interviewed Anderson for approximately 45 minutes. Denman was asked if Anderson denied any involvement in the robbery: "At first, yes, he denied, not acknowledging that he was the offender, yes."
Denman again saw Anderson around 1:20 p.m., when he took Anderson to a lineup. Around 6 p.m., two assistant state's attorneys met briefly with Anderson outside the presence of Denman and Roberts. After that meeting, Denman recalled, "State's attorney [sic] came out and advised that Mr. Anderson did not want to speak to them and that I could go put him in the lockup."
As Denman was walking Anderson to the lockup, Anderson initiated a conversation: "Mr. Anderson said that he didn't want to talk to the state because they put cases on him that he didn't do. And as we were going into the lockup, he said that he was still interested in talking to me and my partner." Denman returned to his office where he informed Roberts and the assistant state's attorneys of this conversation. Denman denied he squeezed Anderson's arm while walking to the lockup.
Around 8:15 p.m., Denman and Roberts returned to the lockup and asked Anderson if he still wished to speak with them. When Anderson agreed, the detectives took him to their office, where Roberts again advised the defendant of his Miranda rights. Roberts gave Anderson a written statement, which Anderson signed.
Denman denied he or Roberts ever slapped, kicked, or punched Anderson. Denman also denied Anderson complained about his treatment by the Homewood Police.
Anderson was interrogated by Roberts and Denman on the night of March 15 when he first arrived at the Homewood Police Department. In this preliminary interview, Anderson ...