People v. Haleas

937 N.E.2d 327

404 Ill.App.3d 668

344 Ill.Dec. 621

The PEOPLE of the State of Illinois, Plaintiff-Appellant,

v.John HALEAS, Defendant-Appellee.

No. 1-09-3353.

Appellate Court of Illinois, First District, Third Division.

Oct. 13, 2010.

Anita Alvarez, Cook County State's Attorney (Alan J. Spellberg, Ashley A. Romito, and Jessica R. Ball, Assistant State's Attorneys, of counsel), Chicago, IL, for Plaintiff-Appellant.

Law Offices of Thomas P. Needham (Thomas P. Needham, of counsel), Law Offices of William N. Fahy (William Fahy, of counsel), Daly & Russell, LLC, (Colleen R. Daly and Jennifer W. Russell, of counsel), Chicago, IL, for Defendant-Appellee.

Justice STEELE delivered the opinion of the court:

[344 Ill.Dec. 623, 404 Ill.App.3d 669]

Plaintiff, the State of Illinois, appeals two orders of the circuit court of Cook County suppressing a statement defendant, Chicago police officer John Haleas, gave the Chicago Police Department's Internal Affairs Division (IAD) and dismissing an indictment against Officer Haleas for official misconduct, obstructing justice and perjury. For the following reasons, we affirm in part, vacate in part and remand the case for further proceedings.

[344 Ill.Dec. 624, 937 N.E.2d 330]

BACKGROUND

The record on appeal discloses the following facts. On April 9, 2005, Officer Haleas was called to investigate a possible case of driving under the influence (DUI) at 1534 North Laramie in Chicago. Two prosecutors accompanied Officer Haleas on a "ride-along" as part of their assignment to traffic court. Officer Haleas became involved in the investigation and arrest of Edward Beck on the charge of DUI.

On May 17, 2005, IAD launched an investigation into the circumstances of Beck's arrest. The prosecutors from the ride-along accused Officer Haleas of failing to: (1) give Beck the proper warning; (2) observe Beck for 20 minutes before administering the breath test; and (3) administer the standard field sobriety test as shown in the reports of Beck's arrest. IAD assigned the investigation to Sergeant James P. Cradick, who interviewed the prosecutors and the police officers who had Beck in custody when Officer Haleas arrived at the scene.

On November 7, 2005, Officer Haleas was served with a notification of administrative rights in the IAD investigation, advising him of the following:

"1. Any admission or statement made by you in the course of this hearing, interrogation or examination may be used as the basis of your suspension or as the basis for charges seeking your removal or discharge or suspension in excess of 30 days.

2. You have the right to counsel of your choosing to be present with you to advise you at this hearing, interrogation or examination and you may consult with him as you desire.

3. You have a right to be given a reasonable time to obtain counsel of your choosing.

4. You have no right to remain silent. You have an obligation to truthfully answer questions put to you. You are advised that your statements or responses constitute an official police report.

5. If you refuse to answer questions put to you, you will be ordered by a superior officer to answer the questions.

6. If you persist in your refusal after the order has been given to you, you are advised that such refusal constitutes a violation of the Rules and Regulations of the Chicago Police Department and will serve as a basis for which your discharge will be sought.

7. You are further advised that by law any admission or statement made by you during the course of this hearing, interrogation or examination and the fruits hereof cannot be used against you in a subsequent criminal proceeding."

Officer Haleas was also advised of the complainants and allegations against him. The same day, Officer Haleas, represented by counsel, gave a statement about the case to Sergeant Cradick. Officer Haleas prefaced his statement with the comment that he was not making the statement voluntarily, but only because he knew he could lose his job if he refused.

On March, 22, 2006, Sergeant Cradick concluded his investigation, recommending a five day suspension. Sergeant Cradick's superiors did not concur in the recommendation, based in part on purported inconsistencies in the prosecutors' statements and in part on Officer Haleas's experience and record in DUI arrests. Debra Kirby, the assistant deputy superintendent of IAD, recommended a one-day suspension, agreeing with Sergeant Cradick's sustained finding that Officer Haleas did not perform the standardized field sobriety test on Edward Beck. Ultimately, Officer Haleas was suspended for one day on July 30, 2007.

[937 N.E.2d 331, 344 Ill.Dec. 625]

On April 4, 2008, the State obtained an indictment against Officer Haleas for official misconduct, obstructing justice, and perjury in the arrest of Edward Beck. On July 10, 2008, the State tendered discovery to defense counsel, including Officer Haleas's IAD statement. On October 30, 2008, Officer Haleas moved to suppress his statement and dismiss the indictment, arguing that his statement was involuntary under Garrity v. New Jersey, 385 U.S. 493, 500, 87 S.Ct. 616, 620, 17 L.Ed.2d 562, 567 (1967), and that the State improperly used the statement to obtain the indictment under Kastigar v. United States, 406 U.S. 441, 461-62, 92 S.Ct. 1653, 1665, 32 L.Ed.2d 212, 227 (1972).

On April 28, 2009, following briefing and a hearing on the matter, the trial court granted the motion to suppress Officer Haleas's IAD statement, ruling that there was a violation of Garrity. The trial court also indicated the matter would be set for a hearing on the issue of whether the indictment would be dismissed under Kastigar. On May 5, 2009, the State moved for reconsideration. On June 25, 2009, the trial court denied the State's motion to reconsider.

On August 27, 2009, the trial court held a hearing on whether the indictment would be dismissed under Kastigar. The State adducedtestimony from Sergeant Cradick and Assistant State's Attorney (ASA) David Navarro. Sergeant Cradick testified regarding the IAD investigation. According to Sergeant Cradick, his report on the case was returned with notes to reinterview the prosecutors who were on the ride-along to ascertain their location when Officer Haleas administered the Breathalyzer test and to determine whether they were able to see the test. Sergeant Cradick interviewed the prosecutors again on January 24 and 27, 2006. Sergeant Cradick stated that he did not mention Officer Haleas's statement to either of the prosecutors.

Sergeant Cradick also testified that in late 2007, he was contacted by ASA Navarro regarding the criminal investigation of Officer Haleas. Sergeant Cradick testified that he gave ASA Navarro a summary of the IAD investigation, including a summary of what Officer Haleas said in the IAD statement, i.e., that he denied the allegations against him.

ASA Navarro testified that Sergeant Cradick did not tell him about the IAD statement. Indeed, ASA Navarro testified that he advised Sergeant Cradick not to tell him about the IAD statement. ASA Navarro also testified it is the policy of the Cook County State's Attorney's office that Garrity does not apply to Chicago Police Department officer statements, but that his comments to Sergeant Cradick were made out of an "abundance of caution."

ASA Navarro further testified that in December 2007, he received a redacted version of the IAD complaint register file (CR file), which did not contain Officer Haleas's IAD statement or any information about that statement. ASA Navarro stated that he interviewed Edward Beck, as well as the people Beck said he was with at the time of the traffic stop. ASA Navarro testified that he spoke to the prosecutors who went on the ride-along, but only to let them know an investigation was ongoing; he did not discuss Officer Haleas's statement with them. ASA Navarro also testified that he spoke with Officers Erin Hall and Kevin Carlquist before presenting their testimony to the grand jury, but he did not speak with them about Officer Haleas's statement.

According to ASA Navarro, he did not review the complete CR file, including Officer Haleas's statement, until after Officer Haleas moved to suppress it. ASA Navarro further stated that he was asked approximately

[344 Ill.Dec. 626, 937 N.E.2d 332]

10 days before the Kastigar hearing to produce the redacted CR file, but was unable to do so. ASA Navarro stated that the public corruption unit moved after his departure in March 2009 and that a search of both offices failed to reveal the redacted file.

Following argument from counsel, the trial court granted the motion to dismiss the indictment. The trial court reasoned that the Statehad failed to carry its burden of showing that it made no meaningful use of the IAD statement. The trial court concluded that the State's witnesses had been exposed to Officer Haleas's version of events. The trial court also noted the conflicting testimony regarding ASA Navarro's exposure to the IAD statement and the State's inability to produce a redacted version of the CR file. The State filed a timely notice of appeal to this court.

DISCUSSION

I

On appeal, the State first argues that the trial court erred in granting Officer Haleas's motion to suppress. When we review a trial court's ruling on a motion to suppress a confession, findings of fact and credibility determinations are accorded great deference and will not be reversed unless they are against the manifest weight of the evidence. People v. Braggs, 209 Ill.2d 492, 505, 284 Ill.Dec. 682, 810 N.E.2d 472, 481 (2003). However, the ultimate question of whether the trial court erred in ruling that the confession was voluntary is a legal question, which we review de novo. Braggs, 209 Ill.2d at 505, 284 Ill.Dec. 682, 810 N.E.2d at 481.

The fifth amendment states that "[n]o person * * * shall be compelled in any criminal case to be a witness against himself." U.S. Const., amend. V. "To qualify for the Fifth Amendment privilege, a communication...