from the Circuit Court of the 10th Judicial Circuit No.
16-CF-395, Peoria County, Illinois, Honorable John P. Vespa,
JUSTICE WRIGHT delivered the judgment of the court, with
opinion. Justices McDade and O'Brien concurred in the
judgment and opinion.
1 Defendant, Shawn Michael Taylor, challenges his conviction
for attempted residential burglary and requests a new trial.
On appeal, he argues that an officer's reference to
reading his Miranda rights (see Miranda v.
Arizona, 384 U.S. 436 (1966)) violated defendant's
fifth amendment rights, as well as Illinois's prohibition
on postarrest silence. He also argues that the State, in
closing arguments, improperly shifted the burden of proof. We
2 I. BACKGROUND
3 The State charged defendant via indictment with attempted
residential burglary (720 ILCS 5/8-4(a), 19-3 (West 2016)).
The indictment alleged that defendant removed glass from a
window and cut the screen on a door to the home of Linda and
Charles Kuhn, with the intent to unlawfully enter and commit
a theft therein. Defendant's jury trial commenced on
August 23, 2016.
4 At trial, Charles Kuhn testified that he was 71 years old.
In the early morning hours on May 26, 2016, he and his wife
were asleep. He was awoken around midnight when he heard a
loud sound, "like a loud bang or *** something hitting
the house." This sound was followed by "heavy
pounding [or] heavy kicking" on the house. He testified
that this banging sound recurred at least 10 times. Charles
looked outside and saw two individuals leaving his backyard.
Charles testified he did not go back to sleep. Around 1 a.m.,
he heard more noise coming from the backyard. He looked out
and saw two people standing near the corner of his deck. He
5 When officers arrived, Charles inspected the perimeter of
his house with them. They discovered that the screens on a
back door and an adjacent laundry room door had been cut.
They also discovered that panes of glass had been pried from
a window and were lying broken on the ground. Some
motion-activated floodlights on the exterior of the house had
6 Brian Richards of the Peoria Police Department testified
that he and Officer Dave Buchanan arrived on the scene and
proceeded separately on foot. Richards heard Buchanan yell
that he was pursuing two people running southbound. Richards
proceeded to the south of the Kuhn residence and saw a male
running and wearing a dark hooded sweatshirt and khaki pants.
Richards testified that he had come into contact with
defendant later that night, and that he was wearing clothing
similar to the person he had observed running away from him.
7 On cross-examination, defense counsel engaged in the
following colloquy with Richards:
"Q. Now, you stated that you had occasion to meet with
[defendant] later. When was that?
A. When he was brought to Teton and University in a squad
Q. About what time would that have been?
A. Probably 1:10 approximately.
Q. Okay. So not long after you got there?
Q. And how close were you to ...