Defendant was charged with four counts of first-degree murder and ultimately was found guilty after a jury trial of two counts based on a theory of accountability. He was sentenced to 41 years in prison. Defendant argued on direct appeal that the trial court erred when it denied his motion to suppress a videotaped confession because police failed to honor the exercise of his right to remain silent and because the statement was not voluntary. The appellate court reversed and remanded, finding that defendant clearly and unequivocally invoked his right to remain silent and that questioning by police should have ceased in response to defendant’s exercise of his rights and that defendant was not properly given Miranda warnings prior to a subsequent interrogation. (MIKVA and ODEN JOHNSON, concurring)
Illinois Appellate Court
Criminal Court
Motion to Suppress