Court of Appeals of Illinois, First District, Third Division
Appeal from the Circuit Court of Cook County. No. 92 CR 5073. Honorable Nicholas Ford and Michael Toomin, Judges Presiding.
The denial of defendant's postconviction petition alleging that two detectives obtained his confession through the use of threats and beatings was reversed and the cause was remanded with directions to allow defendant to seek discovery of evidence supporting his allegations of official misconduct and to amend his petition based on any such evidence he might discover, notwithstanding the State's contention that there were no allegations of police misconduct at the time defendant's motion for discovery was denied, since police misconduct was adequately alleged in the initial petition and the trial court abused its discretion in denying defendant's motion for discovery in relation to his petition.
For Defendant-Appellant: Tara Thompson, Jon Loevy, Russell Ainsworth, Debra Loevy-Reyes, of Counsel, Loevy & Loevy, Chicago, Illinois.
For Plaintiff-Appellee: Anita Alvarez, State's Attorney, Alan J. Spellberg, Christine Cook, of counsel, State's Attorney, County of Cook, Chicago, Illinois.
JUSTICE NEVILLE delivered the judgment of the court, with opinion. Presiding Justice Hyman and Justice Mason concurred in the judgment and opinion.
This case involves a postconviction petitioner's right to discovery. A jury found Anthony Jakes guilty of murder, based largely on a confession Jakes signed after questioning by Detectives Michael Kill and Kenneth Boudreau. Jakes testified that he signed the statement because Kill beat him and threatened him while Boudreau watched. Kill and Boudreau denied that they beat or threatened Jakes. The jury and the trial court that assessed the credibility of Kill, Boudreau and Jakes never heard evidence that Kill and Boudreau beat and threatened suspects in other cases to obtain signed confessions, and
that they committed perjury to convince courts and juries to rely on the coerced confessions.
Jakes filed a postconviction petition and he sought discovery concerning the misconduct of Kill and Boudreau in other cases. The circuit court denied the motion for discovery and then held that the evidence Jakes presented without discovery did not sufficiently establish Kill's pattern and practice of beating and threatening suspects to get them to sign confessions. The circuit court dismissed the postconviction petition without holding an evidentiary hearing on the allegations of Kill's and Boudreau's misconduct. We hold that the trial court abused its discretion when it denied Jakes' motion for discovery concerning the misconduct of Kill and Boudreau in other cases. We reverse and remand for further proceedings on the postconviction petition.
On September 15, 1991, a police officer found Rafael Garcia lying in the street, dying from multiple gunshot wounds, next to a car with a broken window on the passenger side. Around 12:30 p.m. the following day, Officer Thomas Pack went to a home near the murder scene where Jakes, then 15 years old, lived with his aunt, Jessie Mae Jones. After entering the home, Officer Pack permitted Jakes to put on his clothes, and then Pack took Jakes to police headquarters. Kill and Boudreau began interviewing Jakes after 4 p.m. Police also picked up Gus Robinson on September 16, 1991, for questioning about the murder of Garcia. Around 4:30 a.m. on September 17, 1991, Jakes signed a statement an assistant State's Attorney wrote out. Robinson signed a statement around the same time, after 8 hours of questioning.
According to the statement Jakes signed, on September 15, 1991, Arnold Day, a friend of Jakes, asked Jakes to watch for police while Day robbed a man he saw in a nearby sandwich shop. As Jakes walked to the corner, he met Robinson. He asked Robinson to help him watch for police. Robinson refused to help and drove off. Jakes told Day he saw no police in the area. When the intended victim left the sandwich shop, Day said to him, " This is a stickup." The man ran to his car and started it. Day then shot the man through the car's passenger window. Jakes ran home. He looked out at the street and saw the man moving on the ground.
Photographs taken on September 18, 1991, one day after Jakes signed the statement, showed that Jakes had several fresh bruises. A doctor examined ...