People v. Rudell

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2017 IL App (1st) 152772
Decision Date: 
Tuesday, April 25, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN

Defendant was convicted, after bench trial, of child endangerment after leaving her 6-month-old baby alone in a car. Sufficient evidence supported Defendant's conviction, based on court's evaluation of witness credibility. Court did not abuse its discretion in refusing to hear a midtrial suppression motion, as details supporting that motion should have been recognized before trial. Court within its discretion in denying motion for new trial because Defendant's "newly discovered evidence" could have been discovered before trial, was not material, and was not sufficiently conclusive. Uncontested evidence showed that baby had been left unattended in car for nearly an hour, although exact time was imprecise. Court found that evidence showed Defendant had driven baby home herself and then, in intoxicated state, forgot location of car. (PIERCE and MASON, concurring.)