People v. Polk
347 Ill. Dec. 211
Ill. App. Ct.2010Background
- Polk convicted of first degree murder and attempted first degree murder; sentenced to consecutive terms including 25 years to Levison's murder and 25 years for discharging the firearm; challenged suppression of custodial statement and related issues; interrogated as 17-year-old with IQ 70; videotaped confession admitted after Miranda warnings; trial court found waiver valid and no coercion; movant also sought to admit expert testimony on false confessions and to voir dire on attitudes toward false confessions; mittimus later corrected to 810 days presentence custody.
- Interrogation occurred at Area 5 station after arrest at 8:50 a.m. on Dec 22, 2005; defendant received Miranda warnings via video, participated in questions, and ultimately implicated himself; Shawn Wooden’s alibi was pursued; lineup identified Polk as shooter; defendant asked to call an aunt for a lawyer; police attempted to contact relatives but defendant declined appointed counsel.
- IQ 70 and 17-year-old age considered, yet court found no coercion given handling, meals, breaks, and ability to sleep; police emphasized that charging decisions rest with State’s Attorney, not officers.
- videotaped exchange shows warnings and discussion of counsel; court concluded waiver was voluntary, not coerced, and no unambiguous invocation of the right to counsel; Edwards/Davis/Berghuis framework applied.
- Mittimus corrected to 810 days presentence custody; affirmed judgment and corrected mittimus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of right to remain silent | Polk did not knowingly waive rights | Waiver was involuntary due to unclear rights understanding | Waiver valid; no unambiguous invocation of silence; waiver voluntary |
| Right to counsel invocation | Polk did not unambiguously invoke counsel | Statements show invocation of counsel rights | No clear invocation; Edwards/Davis framework applied; not entitled to suppression on counsel invocation |
| Voluntariness of confession | Confession voluntary; no coercion | Coercion shown by interrogation tactics | Confession voluntary; not the product of coercion |
| IPI 3.15 identification instruction | Factor reflects Biggers; instruction proper | Certain Biggers factor unnecessary or outdated | Instruction with all Biggers factors proper; no abuse of discretion |
| Mittimus correction | Credit calculation correct as is | Presentence custody credit understated | Mittimus corrected to 810 days; judgment affirmed |
Key Cases Cited
- Becker v. People, 239 Ill.2d 215 (2010) (reliability of child-victim statements; expert testimony context)
- Edwards v. Arizona, 451 U.S. 477 (1981) (right to counsel once invoked; interrogation ceases until counsel present)
- Davis v. United States, 512 U.S. 452 (1994) (actual invocation required; applicability of Edwards clarified)
- Berghuis v. Thompkins, 560 U.S. 370 (2010) (unambiguous invocation needed to end interrogation; waiver under two-step analysis)
- People v. Oaks, 169 Ill.2d 409 (1996) (ambiguity of request for counsel; Edwards/Davis framework applied in Illinois)