People v. Gempel

State charged Defendant by indictment with first degree murder and concealment of a homicidal death in death of his neighbor.  Court properly granted Defendant's motion to suppress. State failed to meet its burden in proving that statements made by Defendant while in custody at police department were sufficiently attenuated from taint of illegal arrest. Defendant did not voluntarily waive Miranda when he asked to speak with detective at end of 37 hours in custody. Police illegally held Defendant without probable cause, repeatedly ignored his requests to speak with an attorney, and held him nearly 37 hours before he made his statements. (O'BRIEN and LYTTON, concurring.)