In re J.J.C.
State: Illinois
Court: 2nd District Appellate
Docket No: 2-96-1331
Case Date: 01/13/1998
No. 2--96--1331
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
In re J.J.C., a Minor ) Appeal from the Circuit
) Court of Lake County.
)
) No. 96--JD--362
)
(The People of the State of )
Illinois, Petitioner-Appellee ) Honorable
v. J.J.C., a Minor, ) Margaret J. Mullen,
Respondent-Appellant). ) Judge, Presiding.
_______________________________________________________________
JUSTICE HUTCHINSON delivered the opinion of the court:
Respondent, J.J.C., age 16, was adjudicated a delinquent minor
after the trial court found him responsible for three counts of
criminal sexual assault (720 ILCS 5/12--13(a)(1)(West 1996)). The
trial court adjudged respondent to be a ward of the court and
sentenced him to four years' incarceration and further ordered him
to undergo psychiatric treatment and specific sex offender
treatment. Respondent appeals, claiming that the trial court erred
when it (1) denied his motion to suppress his confession statement,
because the confession was neither voluntary nor knowing and
intelligent, and (2) entered the order of adjudication because
respondent was not found guilty beyond a reasonable doubt. We
reverse and remand.
On June 27, 1996, respondent engaged in sexual relations with
the victim, also a juvenile. Prior to trial, respondent moved to
suppress statements he made at the time of his arrest. Respondent
claimed that the law enforcement officials physically and
psychologically coerced him into incriminating himself. Respondent
also claimed that he did not fully understand his rights.
A hearing on respondent's motion to suppress was held on July
25, 1996. David Schwarz, a detective with the Highland Park police
department, testified that, on June 27, 1996, he spoke with the
victim after the alleged assault occurred. Because the trial court
was focusing on the issue of probable cause, it allowed the
following hearsay testimony. The victim related to Schwarz that
she knew respondent from summer school, and while they were on
their way home from school, they stopped at a video store. The
victim's mother was outside, and the victim introduced respondent
to the victim's mother. The victim and respondent proceeded to a
bike trail, adjacent to railroad tracks. Respondent led the victim
towards the railroad tracks, where they engaged in consensual
kissing. Schwarz then related that the victim stated that
respondent forced her to engage in anal intercourse, forced her to
engage in oral sex, and then forced her to have sexual intercourse
with him.
Schwarz further testified that he and youth officer Steve
Mueller spoke with respondent on June 27, 1996, at approximately 8
p.m. Schwarz read the Miranda warnings to respondent and stated
that it appeared respondent was reading along. He testified that
when he asked respondent whether he understood, respondent replied
that he did. Schwarz also stated that he read two additional
juvenile warnings, to which respondent indicated that he understood
the warnings. Schwarz testified that, after he read the juvenile
warning which states that respondent could "consult with his
parents or legal guardian before questioning," respondent replied,
"it's none of their fucking business." Schwarz interpreted this to
mean that respondent did not wish his parents to be present.
Respondent looked at the sheet for 1
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