In re J.J.C.
Case Date: 01/13/1998
Court: 2nd District Appellate
Docket 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 |