Defendant filed postconviction petition alleging that his pretrial statements were the product of police coercion and for relief he requested a new suppression hearing. Court's denial of request was manifestly erroneous. Defendant's new evidence established that detective McDermott, who was one of his arresting officers and one of the detectives investigating his cases, worked from Area 2 while Jon Burge was commander there ad that he also engaged in abusive practices. Defendant's allegations of the specific physical abuse and torture that McDermott used are similar to findings in others reports about McDermott. This new evidence was conclusive enough that the outcome of the suppression hearing likely would have been different if McDermott had been subject to impeachment based on the new evidence. (CONNORS and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress