People v. Hernandez
2017 IL App (1st) 150575
Ill. App. Ct.2017Background
- On Dec. 22, 2008 Sergio Hernandez was indicted for the Nov. 25, 2008 shooting death of Rocio Munoz; at trial a videotaped stationhouse confession (last ~1 hour of a ~6-hour interview, Spanish with English subtitles) was played to the jury and Hernandez was convicted and sentenced to 55 years.
- On prior appeal this court held Hernandez’s arrest at his home was illegal (no warrant or probable cause) and remanded for an attenuation hearing to determine whether the stationhouse statements were sufficiently purged of Fourth Amendment taint.
- At the attenuation hearing evidence showed: >20 officers were involved in the arrest; Hernandez was transported to the police station, Mirandized once, and interviewed for ~6 hours in Spanish; police administered a bogus gunshot-residue (GSR) test (a ruse) and told Hernandez it was positive; he confessed minutes after the bogus test.
- The trial court found the bogus GSR test was the intervening circumstance prompting the confession but concluded the confession was attenuated (factors cited: Miranda warnings, cordial tone, no handcuffs during interview, short duration). The court reinstated the conviction.
- The appellate court reversed: it held the bogus GSR was a product of the illegal arrest (a form of interrogation/misconduct), could not purge the arrest’s taint, Miranda once given carried little weight, and police conduct supported suppression; remanded for a new trial but found retrial would not be barred by double jeopardy. The court directed appointment of new counsel on remand.
Issues
| Issue | State's Argument | Hernandez's Argument | Held |
|---|---|---|---|
| Whether Hernandez’s stationhouse statements were attenuated from his illegal arrest | The GSR test, Miranda warnings, and a short, cordial interview were sufficient intervening circumstances to purge the taint | Confession flowed from illegal arrest; the bogus GSR test was a ruse/interrogation and cannot cleanse the prior illegality | Confession not attenuated; suppressed (remand for new trial) |
| Whether the bogus GSR test can serve as an intervening circumstance | The test (despite being bogus) was an intervening event that prompted a voluntary confession | A bogus test, like a polygraph obtained during illegal detention, is itself misconduct and cannot purge Fourth Amendment taint | Bogus GSR is not a valid intervening circumstance; it was interrogation and misconduct, so it fails to purge taint |
| Weight of Miranda warnings in attenuation analysis | Miranda warnings given weigh in favor of attenuation | Waiver unclear (silent nods), warnings occurred only once and were not repeated when asked about rights before the test | Miranda warnings carried little weight here; not sufficient to establish attenuation |
| Whether retrial is barred by double jeopardy after suppression | Retrial permitted because, considering all evidence presented at the first trial, sufficient evidence remains to support conviction | (Hernandez did not press insufficiency/double jeopardy) | Retrial not barred; appellate court reviewed sufficiency (including suppressed statement for analytical purposes) and found remand for new trial appropriate |
Key Cases Cited
- People v. Johnson, 237 Ill. 2d 81 (Ill. 2010) (sets standard for attenuation factors and bifurcated review of suppression rulings)
- People v. Franklin, 115 Ill. 2d 328 (Ill. 1986) (polygraph administered during unlawful detention cannot purge taint of illegal arrest)
- People v. Jackson, 374 Ill. App. 3d 93 (Ill. App. Ct. 2007) (bogus or improperly obtained interrogation-derived evidence cannot serve as intervening circumstance to attenuate illegal arrest)
- People v. Clay, 349 Ill. App. 3d 517 (Ill. App. Ct. 2004) (police fishing expeditions and use of suppressed codefendant statements cannot justify attenuation)
- People v. Lopez, 229 Ill. 2d 322 (Ill. 2008) (when assessing double jeopardy on remand, a court may consider all evidence presented at the first trial to determine whether retrial is barred)