Defendant was convicted, after jury trial, of 1st degree murder; and jury made a separate finding that Defendant personally discharged a firearm that proximately caused the victim's death. Defendant unambiguously asserted his right to counsel when, immediately after intense custodial questioning as to whether Defendant shot the victim or knew the victim, Defendant replied, "Can I call my lawyer?" Court's apparent belief that te assertion was ambiguous because it was conveyed in the form of a question was erroneous as a matter of law. Defendant's request for counsel was not scrupulously honored, and detective's follow-up question was inappropriate. Defendant's response, "or call my momma and then call my lawyer" was an invocation of right to counsel. Court erred in not suppressing Defendant's statement. When detectives asked whether Defendant was asserting his right to remain silent, and Defendant stated that he previously told police what he knew, Defendant did not initiate further discussion s with detectives or "undo" his previous assertion of right to counsel. After repeated denials of guilt, 29 hours after invoking his right to counsel, Defendant confessed to committing the crime. Error in admitting Defendant's confession was not harmless, where it contained incriminating evidence not directly established by any other means. (ROCHFORD and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel