Court of Appeals of Illinois, First District, First Division
from the Circuit Court of Cook County. No. 10 CR 16598
Honorable Michele McDowell Pitman Judge Presiding.
JUSTICE GRIFFIN delivered the judgment of the court, with
opinion. Presiding Justice Pierce and Justice Mikva concurred
in the judgment and opinion.
1 Seventeen-year-old defendant Jamari McArthur was arrested
for allegedly engaging in sexual conduct with M.W., an
11-year-old boy. Defendant confessed to the police in writing
after having spent 50 hours in custody without a probable
cause determination. Defendant filed a motion to suppress his
confession arguing that the duration of his detention without
a probable cause determination rendered his confession
involuntary. The trial court ruled that defendant's
confession was voluntary despite the delay. A jury found
defendant guilty of the aggravated criminal sexual abuse of
M.W. and the trial court sentenced him to four-years'
imprisonment. As a result of his conviction, defendant was
ordered to register as a sex offender under the Sex Offender
Registration Act (SORA) (730 ILCS 150/1 et seq.
(West 2014)) for the remainder of his natural life.
2 On appeal, defendant challenges the trial court's
ruling that his confession was voluntary and the sufficiency
of the evidence presented at trial. Defendant further
challenges the constitutionality of SORA and the SORA
provision that precludes minors charged under the criminal
laws as adults from petitioning to terminate their sex
offender registration (730 ILCS 150/3-5(i) (West 2014)
(Subsection (i) of Juvenile SORA)). We reject defendant's
arguments that SORA and Subsection (i) of Juvenile SORA
deprive him of the equal protection of the law and punish
him. We affirm the jury's verdict and the trial
court's ruling that defendant's confession was
4 On Saturday, August 28, 2010 at 2:57 p.m., defendant was
arrested and taken to the Calumet City Police Department.
Later that day at 7:53 p.m., Detective Casey Erickson placed
defendant in an interview room, read defendant his
Miranda rights and presented him with a preprinted
waiver form. Defendant said he understood his
Miranda rights, initialed and signed the waiver
form, and confessed to placing his mouth around the penis of
M.W., an 11-year-old boy.
5 Detective Erickson questioned defendant again at 9:20 p.m.
that night and defendant offered additional details about the
incident. The next day, August 29, 2010 at 1:02 p.m.,
defendant consented to a mouth swab, placed a call to his
grandmother and was not questioned for the rest of the day.
On Monday, August 30, 2010, Detective Erickson and Cook
County assistant state's attorney Elizabeth Dibler (ASA
Dibler) attended four victim sensitive interviews (VSIs) of
M.W. and other potential child witnesses. The last VSI
concluded at 2:14 p.m. and ASA Dibler met with defendant in
an interview room at the police station at 3:45 p.m.
6 ASA Dibler read defendant his Miranda rights and
questioned him in the presence of Detective Erickson.
Defendant indicated that he understood his Miranda
rights and over the course of a half hour, provided a
detailed confession and chronological account of the events
leading up to, and following, the incident. At around 5:02
p.m., ASA Dibler asked defendant to make a written confession
and defendant agreed. ASA Dibler proceeded to summarize
defendant's statements in writing on a preprinted form.
When completed, defendant read the statement aloud without
any difficulty. Defendant asked ASA Dibler to add three
sentences to his statement and then signed the statement on
each of its four pages. Defendant also signed a picture of
himself, taken by ASA Dibler, showing him signing the
7 The next morning, Tuesday, August 31, 2010, defendant was
brought before a judge for a probable cause determination.
More than 73 hours had passed since the time of his arrest.
The judge found probable cause for defendant's arrest and
he was subsequently charged with two counts of predatory
criminal sexual assault (720 ILCS 5/11-1.40(a)(1) (West
2016)), four counts of criminal sexual assault (720 ILCS
5/12-13(a)(2) (West 2016)) and one count of aggravated
criminal sexual abuse (720 ILCS 5/12-16(C)(1)(i) (West
8 Defendant filed a motion to suppress his confession,
arguing that his time spent in custody without a judicial
determination of probable cause was unreasonable and rendered
his confession involuntary. The trial court held an
evidentiary hearing on defendant's motion and the State
called Detective Erickson and ASA Dibler to testify.
Detective Erickson testified that he did not bring defendant
to court for a probable cause determination until the morning
of August 31, 2010 because "we hadn't officially
interviewed the victim" and "there was still an
ongoing investigation." Detective Erickson testified
that he could not schedule VSIs of child witnesses until the
afternoon of August 30, 2010, but that defendant was brought
before a judge the morning after the interviews were
conducted. Detective Erickson could offer "no
reason" as to why he did not release defendant before
the VSIs were conducted and re-arrest defendant if the victim
and child witnesses confirmed the content of defendant's
9 ASA Dibler testified that after attending VSIs on August
30, 2010, she and Detective Erickson placed defendant in an
interview room around 3:45 p.m. ASA Dibler read defendant his
Miranda rights and defendant provided a detailed
statement of his sexual contact with M.W.: defendant was at
M.W.'s house on Friday and stayed the night; defendant
went to bed around 12:00 p.m., awoke at 1:00 a.m. the next
morning and placed his head on M.W.'s stomach; defendant
noticed M.W.'s penis protruding from his shorts and put
M.W.'s penis inside his mouth for 10 seconds; M.W. woke
up, went to the bathroom, returned to the bedroom and slept
on the other side of the room. ASA Dibler testified that,
outside the presence of Detective Erickson, defendant denied
being verbally or physically threatened, or abused, by the
police. Returning to the interview room around 5:02 p.m., ASA
Dibler testified that she read defendant his Miranda
rights and with defendant in agreement, summarized his
statements in writing on a preprinted form. Defendant read
the completed statement aloud. Defendant asked ASA Dibler to
add three sentences after the statement's third paragraph
and everyone present signed the statement on all of its
10 The trial court denied defendant's motion to suppress
his confession, stating that although the police delayed a
probable cause determination, the totality of the
circumstances indicated that defendant's confession was
given voluntarily. The State proceeded on the charges of
predatory criminal sexual assault and aggravated criminal
sexual abuse and a jury trial commenced.
11 M.W. testified that he woke up between 10:30 p.m. and
11:00 p.m. on August 27, 2010, and saw that his sister had a
sheet over her face. Defendant was laying on M.W. like a
pillow, touched his shorts and started licking his underwear
for several minutes. M.W. testified that defendant then
started "sucking [his] penis." Defendant tried to
get M.W. to grab his penis, but M.W. pushed his hand away.
M.W. then felt something wet on his leg. Defendant got up and
put a sheet over M.W.'s face before going to the
bathroom. Upon his return, defendant cleaned up the "wet
feeling" on M.W.'s leg and continued to suck his
penis. Defendant stopped after a few minutes and M.W.
pretended to be asleep. M.W. testified that he told his
mother what happened the next morning and defendant was
arrested the same day. After giving statements to arresting
officers, M.W. testified that his mother took him to St.
Margaret's Hospital, where he was examined by Dr. Brett
Marcotte. M.W. told Dr. Marcotte that he had not changed his
clothes or taken a shower that day. M.W. testified that three
days later, he attended a VSI with Dr. Myra West.
12 Defendant took the stand in his own defense and testified
to a different version of events. Defendant testified that he
spent the night M.W.'s house and fell asleep next to him
in a bedroom. At around midnight, defendant testified that he
woke up, went to use the bathroom, washed his hands and then
went back to sleep. A half hour later, M.W. woke up, hit the
defendant, left the room and started walking down the hallway
toward the bathroom. When M.W. returned, defendant testified
that M.W. went to sleep next to his sister, E.A.
13 Defendant's testimony as to what he said and did while
in police custody conflicted with the testimony of Detective
Erickson and ASA Dibler. Defendant testified that in his
interviews with Detective Erickson, he waived his
Miranda rights and denied placing his mouth on
M.W.'s penis. Defendant further denied adding the
sentences after the third paragraph of his written
confession. On cross-examination, defendant admitted to
making the statements contained in his written confession and
to telling ASA Dibler that he saw M.W.'s penis sticking
out of his shorts, that he placed M.W.'s penis in his
mouth for ten seconds and stopped sucking M.W.'s penis
when M.W. woke up. However, defendant maintained that what he
told ASA Dibler was not true.
14 Defendant called Dr. Brett Marcotte to the stand and he
testified that he used a standard sexual assault kit to
examine M.W. Dr. Marcotte testified that he found no semen on
M.W.'s groin and thigh area after performing a black
light test of the region and that he skipped step 6 of the
sexual assault kit, which required him to perform a penile
swab of M.W. Defendant also called police officer Mike
Serrano to the stand, who testified that he was assigned to
take photographs and collect evidence from M.W.'s home.
Serrano collected tissue from each of two trash cans found in
the bathroom next to M.W.'s bedroom and a shoe box
containing bathroom tissue in a dumpster outside of the
apartment. Serrano testified that he sent the evidence he
collected to the Illinois State Police Crime Lab for testing.
15 Katherine Sullivan, a forensic biologist working for the
Illinois State Police Crime Lab, testified that she received
and tested the physical evidence collected in M.W.'s
case. When testing M.W.'s boxer shorts for the presence
of saliva, Sullivan testified that she expected saliva to
have been transferred to M.W.'s boxer shorts after three
minutes of licking, but that she found none. Sullivan
testified that defendant's mouth swab tested negative for
the presence of semen and that a test of the tissue from one
of the bathroom trash cans revealed 16 glowing spots under a
black light, but that each stain tested negative for semen or
saliva. Sullivan noted the absence of a penile swab from the
sexual assault kit and testified that penile swabs are tested
for the presence of saliva.
16 At the close of the parties' arguments, the jury
deliberated and found defendant guilty of aggravated criminal
sexual abuse. Defendant filed a motion for a new trial, which
was denied. The trial court sentenced defendant to
four-years' incarceration in the Illinois Department of
Corrections and as a result of his conviction, required
defendant to register as a sex offender under ...