People v. Clayton

Court suppressed videotapes of second and third interviews of Defendant (then age 17) by police was charged, after finding that Defendant was in custody at the time of a first interview which was not recorded. Defendant was taken from her home at 11 p.m., without her parents, and transported to police station in unmarked police car, remained at police station for at least 4 1/2 hours without sleep and without a lawyer, was on a list of "suspects" before police went to her home, and police have no notes or records of events during entire time at station. Court's finding that Defendant was in custody, per Section 103-2.1(b) of Code of Criminal Procedure, during unrecorded first interview, was not against manifest weight of evidence. Thus, any statements made after unrecorded interview were presumed inadmissible. As State failed to adduce any evidence sufficient to sustain its burden to prove that later statements were voluntary and reliable, court properly suppressed them. (PUCINSKI and LAVIN, concurring.)