Filed November 8, 2006.
APPELLATE COURT OF ILLINOIS
PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of the 12th Judicial Circuit,
) Kankakee County, Illinois,
v. ) No. 04-CF-4
SIEMON T. MOORE, ))
) Kathy Bradshaw-Elliot,
Defendants-Appellee. ) Judge Presiding.
JUSTICE SLATER delivered the opinion of the court:
The defendant, Siemon T. Moore, was charged with criminal sexual assault. 720
ILCS 5/12-13(a)(1) (West 2004). In the midst of a jury trial, the State, after admitting
that the audio portion of a videotape used to record the defendant’s post-arrest
statement had malfunctioned, attempted to admit a three paragraph summary of the
statement which had been prepared by a Kankakee city police detective. The trial court
granted the defendant’s motion to suppress his post-arrest statement on the ground
that the statement was not voluntarily made and a mistrial was declared.
The State appeals the trial court’s order granting the defendant’s motion to
suppress. For the following reasons, we affirm.