In re D.L.H. 

Illinois Supreme Court
Civil Court
Motions to Suppress
Citation
Case Number: 
2015 IL 117341
Decision Date: 
Thursday, May 21, 2015
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
THEIS
(Court opinion corrected 5/26/15.) Infant, age 14 months, died of head injuries after being left in company of other children, including Respondent, then age 9.Respondent's counsel moved to suppress statements minor had made to a police detective in two interviews in kitchen of his home with his father present. Motion to suppress properly denied as to first interview, as those statements were voluntary. Court erred in denying Respondent's motion to suppress as to second interview, as lying and trick tactics were employed to induce inculpatory statements, and father's presence in interview was marginalized as detective moved him away from minorofficer, and gave fast 45-second recap of Miranda warnings given two days prior, so that statements were rendedered involuntary. Minor's limited functioning level and young age rendered him far more vulnerable and susceptible to police coercion. (GARMAN, FREEMAN, THOMAS, KILBRIDE, and KARMEIER, concurring; BURKE, specially concurring.)