Illinois Appellate Court
Criminal Court
Miranda Warnings
Defendant was charged with 5 counts of predatory criminal sexual assault of a child. Court erred in denying Defendant's motion to suppress statements he made during a recorded interview. Defendant has a functional IQ of 50 and intellectual disability. His background, experience, and conduct reveal he was incapable of voluntarily waiving his Miranda rights. Admission of Defendant's statements was prejudicial error. It was 1st-prong plain error and a violation of Defendant's Miranda rights for detective to fail to honor Defendant's request for counsel. (KNECHT, concurring; TURNER, dissenting.)