People v. Westmorland

              No. 2--05--1093 Filed: 3-30-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellant, ))
v. ) No. 05--CF--583
)
JOSH L. WESTMORLAND, ) Honorable
) Timothy Q. Sheldon,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
The State appeals the judgment of the trial court granting the motion of defendant, Josh L.
Westmorland, to suppress as involuntary the statement he gave to police while in custody on March
15, 2005. We affirm, finding that defendant's statement was involuntary under the totality of the
circumstances.
BACKGROUND
Defendant, who was born on January 8, 1988, was charged with various sexual offenses that
allegedly occurred on March 6, 2005. Defendant filed a motion to suppress, asserting that his
confession to police was coerced by their threats and inducements and by their refusal of his request
to phone his mother or a lawyer prior to his interrogation. Defendant further asserted that he "did
not make a knowing and intelligent waiver of his Miranda Rights." See Miranda v. Arizona, 384
U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966).