(Court opinion corrected 4/21/16.) Defendant filed motion to suppress, asking that all statements relevant to murder prosecution be suppressed as Defendant was subjected to a custodial interrogation as part of a homicide prosecution and initial custodial interrogation was not properly electronically recorded. Defendant was "accused" of murder when court was called upon to determine admissibility of recorded second segment of interview. Preponderance of evidence establishes recorded segment of interrogation followed unrecorded segment of custodial interrogation and thus is presumed inadmissible. Second portion of custodial interrogation was presumptively inadmissible as detectives did not record preceding segment of interrogation.(CARTER and HOLDRIDGE, concurring.)
Illinois Appellate Court
Criminal Court
Motions to Suppress