People v. Frank-McCarron 

Illinois Appellate Court
Criminal Court
Motions to Suppress
Insanity Defense
Citation
Case Number: 
No. 3-08-0366
Decision Date: 
Thursday, July 29, 2010
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE
Defendant, a pathologist, was convicted of first degree murder, obstructing justice, and concealment of a homicidal death, charged with killing her autistic daughter, age 3, by suffocation. Court did not err in denying Defendant's motion to suppress her inculpatory statements to police, as she made inculpatory statements to six persons prior to speaking to police. Defendant was not in custody at time of statements, as she was not restrained and was not coerced to speak; and police did not deliberately use a question first, warn later technique. Defendant was not denied a fair trial by being required to wear an electronic monitoring device during trial, because wearing the device had been a condition of her bond. Court properly addressed potential negative impact by admonishing jury that the device did not affect presumption of innocence. Court properly found that Defendant failed to prove insanity, as evidence revealed a calculated plan to kill the daughter, and deliberate actions to conceal her actions. (CARTER, concurring; WRIGHT, specially concurring.)