Defendant was convicted, after bench trial, of 3 counts of 1st degree murder for the deaths of 3 persons in whose home had been a houseguest for about a month. No ineffective assistance of counsel by failing to file a motion to suppress Defendant's custodial statement to police. The substantial break in time, which the detectives suggested and which came after the issuance of Miranda warnings but before any meaningful postwarning interrogation, served as a proper curative measure because it allowed Defendant to distinguish the 2 contexts. The fact that Defendant made an unwarned statement does not warrant a presumption of compulsion and does not invalidate subsequent administration of Miranda warnings following by a knowing and voluntary waiver of those rights. Motion to suppress statement would be without merit or woudl otherwise run contrary to trial counsel's trial strategy. (McBRIDE, concurring and specially concurring; ELLIS, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Murder