People v. Rivera

Illinois Supreme Court
Criminal Court
Case Number: 
2013 IL 112467
Decision Date: 
Friday, February 22, 2013
1st Dist.
Cook Co.
Appellate court reversed; remanded.
Defendant was convicted, after jury trial, of repeated sexual abuse of his, and did not ask for any speicifc stepdaughter from age 11 to 14, and of her 13-year-old friend. Defendant did not manifest subjective intent to initiate plea discussion where Defendant never specified terms of his alleged offer to plea bargain, and did not ask for any specific concessions from State, but only for unspecified "guarantees". Thus, statements Defendant made in pretrial custody were independent admissions and fully admissible at trial. Court properly granted State's motion to disqualify counsel, prior to suppression hearing, as defense counsel knew, at time of court's decision, that he would be called as a witness on behalf of his client in pending litigation. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)