Defendant was convicted, after bench trial, of 1st degree murder of his 3-year-old son and attempted 1st degree murder, aggravated criminal sexual assault, and aggravated domestic battery of son’s mother. At time of his videotaped statement, Defendant had received 3 doses of morphine and 1 dose of Dilaudid for pain from broken ankle, and Defendant was not in a position to voluntarily confess. Thus, court erred in denying Defendant’s motion to suppress statement, but error was harmless given overwhelming evidence of Defendant’s guilt. Conviction for aggravated domestic battery must be vacated under the one-act, one-crime rule as that conviction and his attempted murder conviction are both based on same single physical act of Defendant stabbing son’s mother with a knife. No abuse of discretion in sentence of natural life imprisonment; court properly considered appropriate factors and circumstances of murder. (BURKE and GORDON, concurring.)
Illinois Appellate Court
Criminal Court
Confessions