Defendant was convicted of first-degree murder, armed robbery, and burglary and sentenced to an aggregate prison term of 33 years. He appealed arguing that the circuit court erred in denying his pretrial motion to suppress inculpatory statements when he was prevented from making a phone call for 24 hours after he was arrested during which time he invoked his right to counsel. The Illinois Supreme Court found that lengthy incommunicado detention is a form of police coercion and that under the facts of the case the defendant’s inculpatory statements were involuntary and should have been suppressed. However, the court conclude that the admission of the statements was harmless beyond a reasonable doubt and affirmed the judgment entered by the trial court. (ANNE M. BURKE, THEIS, OVERSTREET, and CARTER, concurring. MICHAEL J. BURKE and GARMAN, specially concurring.)
Illinois Supreme Court
Criminal Court
Motion to Suppress