Appeal from the Circuit Court of Cook County. No. 99 CR 3114. Honorable Stuart E. Palmer, Judge Presiding.
The opinion of the court was delivered by: Justice Neville
After a jury trial, Daniel Wead was found guilty of first degree murder and sentenced to 38 years in the Illinois Department of Corrections. Wead's motion for a new trial was denied. Wead now appeals and presents the following issues for our review: (1) whether the police had probable cause to arrest Wead on January 16, 1999, when the police did not have a warrant for his arrest and did not observe him commit a crime prior to his arrest; and (2) whether Wead's January 18, 1999, statement was voluntary when, prior to making the statement, he was isolated in an interview room at a police station for 54 hours.
THE HEARING ON THE MOTION TO QUASH ARREST AND SUPPRESS EVIDENCE OFFICER BILL QUINN
Officer Bill Quinn of the Chicago police department was detailed to the Area One Mission Team at 51st Street and Wentworth Avenue. Officer Quinn testified that on January 16, 1999, the detectives on the team asked him to find Daniel Wead and bring him to the police station. Officer Quinn testified that he and his partner were dressed in civilian clothing and riding in an unmarked police car. They drove to the area Wead was known to frequent and observed Wead on the sidewalk in front of 2306 West 51st Street. Officer Quinn stated that it looked like Wead was exiting a building. Officer Quinn testified that he did not have a search warrant to search Wead or the premises, and he did not see Wead commit a crime prior to approaching him. According to Officer Quinn, after a conversation with Wead, Wead got into the backseat of the unmarked police car and rode to Area One. Officer Quinn testified that he took Wead to the Area One detectives division and put him in an interview room and left the door open. Finally, Officer Quinn testified that he had not been apprised of the facts of the case before he was directed to pick up Wead and he had no involvement with Wead after bringing him to the interview room.
On cross-examination, Officer Quinn testified that before he was sent to pick up Wead, he was at the Bruno Kopec homicide scene and Terry Lasa came forward and spoke with the detectives. Officer Quinn stated that he spoke with Lasa in the car after the detectives directed him to take Lasa back to Area One. After speaking with Lasa, the detectives asked Officer Quinn about the name "Billy Reid" and gave him the description Lasa gave them. Officer Quinn testified that he told the detectives that Wead fit the description of the person they were looking for, so he retrieved a photograph of Wead and gave it to the detectives. Officer Quinn stated that he believed the detectives showed Wead's photograph to Lasa.
Officer Quinn testified that he first saw Wead around 1:30 p.m., and he told Wead that the Area One detectives were investigating a homicide and interviewing people. Officer Quinn testified that he asked Wead to accompany him to the station and Wead agreed. Officer Quinn testified that Wead would not have been taken to the police station if he had stated that he did not want to go with the police. Officer Quinn patted Wead down before he got into the backseat of the car. Officer Quinn stated that he took a small folding knife clipped to Wead's belt because no weapons were allowed in the backseat of the police car. Officer Quinn told Wead that the knife would be returned. Finally, Officer Quinn testified that he did not handcuff Wead at the station. On redirect examination, Officer Quinn testified that he never gave the knife back to Wead, but gave Wead's knife to a detective at Area One.
Detective Timothy Nolan testified that he never told Wead that he wanted him to be a witness for "Bob Reid." When he spoke to Wead on January 16, 1999, Nolan stated that he told Wead they were investigating Kopec's murder. Detective Nolan also testified that Wead stated that he knew that Kopec had been murdered. According to Detective Nolan, when he asked Wead if he could inventory his knife, Wead stated that he was using drugs on January 15, 1999, the date Kopec was killed, and raised his sleeves to show Detective Nolan the track marks. Detective Nolan testified that he had not seen Wead's arm prior to January 18, 1999, because Wead had on a long-sleeved sweatshirt. Detective Nolan stated that Wead blurted out that he should take Lasa for a polygraph examination. Detective Nolan testified that when he told Wead that Lasa had already volunteered for a polygraph examination, Wead stated, "okay officer, I did it." Detective Nolan testified that at no time prior to Wead's confession had any officer accused Wead of killing Kopec or demanded that he admit that he killed Kopec. Detective Nolan also testified that Wead was never handcuffed when they were together and was never forced to wear a paper outfit.
On cross-examination, Detective Nolan testified that when he questioned Lasa about his knowledge of disagreements Bruno Kopec had with people before his death, Lasa stated that Kopec told him that he was upset with an individual named Billy Reid or Tim Reid for taking $10 and not returning it. Detective Nolan testified that on January 16, 1999, and January 17, 1999, he did not offer Wead a ride home or ask him if he wanted to be taken home. Detective Nolan stated that when Wead told him that he wanted to help the investigation, he informed Wead that to help he would have to stay at the station while other witnesses were interviewed. Detective Nolan testified that Wead confessed around five minutes after he walked into the interview room on January 18, 1999. Detective Nolan stated that he did not speak to Wead prior to Wead's confession. However, after further cross-examination on the matter, Detective Nolan testified that he did walk into the room and speak to Wead before he confessed. Detective Nolan testified that Wead's confession was not the first statement made by Wead when he entered the interview room.
Wead testified that on January 16, 1999, he was leaving to go buy some coffee when Officer Quinn approached him and stated that he wanted him to be a witness for a man named Bob Reid. Wead asked Officer Quinn "what he was going to be a witness of" and Officer Quinn said he did not know but that Wead would have to go to the station. Wead testified that Officer Quinn took his knife and keys before he got in the police car. Wead also testified that he only agreed to go to the police station because of what Officer Quinn had told him. He later testified that "they [the police officers] told me one thing and done something else."
Wead testified that Officer Quinn and his partner put him in a room and closed the door. He stated that at this point, he did not feel that he could leave the interview room and go home. Wead testified that he was handcuffed by his right hand on the left side of the wall as soon as he walked into the interview room. Wead testified that the police did not speak to him regarding a murder investigation until the third day he was at Area One. Wead stated that he was up for three days and nights in the interview room sitting on the bench. He testified that he was only unhandcuffed on the two occasions he was taken to the bathroom and that he was fed only on January 16, 1999.
Wead testified that the detectives told him that a man named Bob Reid told them that he knew the victim. Wead responded that he did know the victim. Wead testified that he was never told that the victim had been murdered. He was asked the last time he saw the victim and responded Thursday morning. According to Wead, when he was questioned on January 16, 1999, he did not know the victim was dead and the police never told him that the victim was dead, only that he, Wead, was going to be a witness. Wead testified that he did not ask for a lawyer until he found out on January 18, 1999, that the victim had been murdered.
Wead testified that his apartment was searched without his consent because he did not sign a consent to search form. Initially, Wead stated that the signature on the consent to search form was his, but he later said that he did not remember signing the form and that he did not recognize the signature. Wead stated that he was unable to read or write. Wead testified that Detective Nolan was not the first detective to speak with him. Wead stated that he did not tell the officers that he wanted to go home because it would have done no good, since the door was locked and he was handcuffed. Finally, Wead testified that he was not homeless and that he planned to live at the place he was currently rehabbing until someone moved in.
Before the State was permitted to cross-examine Wead, the trial judge asked Wead some questions. Wead testified that on January 16 and 17, 1999, he thought he was a witness. Wead testified that on January 18, 1999, when the detectives told him how the victim was killed and how he had done it, he knew that he was not a witness but a suspect. Wead testified that he never told the detectives that he had a drug problem. After the trial judge asked his questions, the State was permitted to cross-examine Wead.
On cross-examination, Wead testified that on January 16 and 17, 1999, he thought he was a witness because he was told he was a witness. Therefore, he agreed to be there as a witness. He further stated that he was put in a paper uniform on January 16, 1999. Finally, Wead testified that on January 18, 1999, Detective Nolan never asked whether he could inventory Wead's knife to do some tests.
Detective John Henry was called by the State in rebuttal and testified that the consent to search form was read and explained to Wead, including the fact that he had the right to refuse to sign it. Detective Henry further testified that Wead stated that he wished to cooperate with the detectives and signed the consent to search form for his apartment. Finally, Detective Henry testified that he provided Wead with cigarettes and food and permitted him to use the washroom during his stay in the interview room.
On cross-examination, Detective Henry testified that Wead indicated that he could not read, so Detective Henry read the consent to search form to him. Detective Henry stated that he explained to Wead that they would look through his apartment for (1) a matchbook with telephone numbers and the names of the two individuals that could verify Wead's alibi, and (2) for bloody clothing. Detective Henry testified that the police were looking for physical ...