Appendix — Brown v. Illinois

Supreme Court brief1975

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INDEX

Relevant Docket Entries__-.........-.----------------------------

Written Motion to Suppress___..------ Sp Re Ee ie ere

Notice of Appeal.._.__.........-----—.-~i--- +--+ oe

December 11, 1968, Pre-trial Hearing on Motion to Suppress

Trial Proceedings, January 14, 1970____.---------------------------

Opinion of the Supreme Court of Illinois____-------

Order Granting Writ of Certiorari__-~~-

565 -219--74—--1

May 13,

July 2,

Dee. 11,

Dec. 11,

Jan. 19,

Jan. ‘21,

Jan. 31,

May 1,

Oct. 21,

RELEVANT DOCKET ENTRIES

1968

1970

1971

1974

1074

Date of Arrest

Date of Filing of Motion to Suppress

Date of Hearing on Motion to Suppress

Date of Denial of Motion to Suppress

Date of Conviction

Date of Notice of Appeal

Date of Supreme Court of Illinois Opinion

Date of Filing of Petition for Wri of

Certiorari

Date of Granting Writ of Certiori

(1)

B __siIn the Circuit Court of Cook County, County Depart-

ment—Criminal Division

Ind. No. 68-2275

Tue PEoPLE OF THE STATE OF ILLINOIS

vs.

RICHARD Brown

Defendant's motion to suppress alleged confession, filed

July 2, 1968:

Now comes the defendant, Richard Brown, by and through

his attorney, Anthony Pacelli, and respectfully states as

follows:

1. That he is the defendant in the above entitled cause which

is now pending before this Honorable Court for trial. That he

has entered a plea of not guilty to each count of the indictment

herein.

2. That he is a citizen of the United States of America.

3. That on or about the 13th day of May, 1968, .at or

about the hour of 7:45 P.M. yt atid the vicinity

C of 4837 West End Avenue. He arrested by police

officers of the City of Chicago. That said arrest was with-

out his consent and without warrant or process of law and the

said police officers did not have reasonable grounds believing

that he had committed any criminal offense and he had not

committed any crime in their presence.

4. Following his arrest he was teken to a police station com-

monly referred to as area 4 homicide, wherein he was from time

to time incarcerated in a cell, intermittently questioned and

kept awake by various police officers for the avowed purpose

of forcing him to give evidence against himself concerning

the death of one Roger Corpus. That during this period of

time the defendant was threatened with bodily harm, promised

immunity, promised leniency and otherwise harrassed and

abused by those who held him in custody, until he could no

longer bear the constant duress and becoming fearful of his

physical well-being and in order to secure relief from the forego-

ing he was forced against his will to make a statement and al-

(3)

leged confession to said eeibde. portions of which were

stenographically recorded.

5. That said party was not appraised of any constitutional

rights nor was the defendant appraised of his right to remain

silent pursuant to Chapter 38, Section 103-2, sub-paragraph

(a); further defendant was not informed of his right to com-

municate with an attorney pursuant to Chapter 38, Section

103-3, subparagraph (a); further that defendant was not per-

_ Initted his right to discuss with an attorney pursuant to Chap-

ter 38, Section 103-4.

D, 6. Section 10 of Article II of the Constitution of the

State of Illinois provides that no person shall be com-

pelled in any criminal case to give evidence against himself. |

The Fifth Amendment to the Constitution of the United States »

likewise. The Fourteenth Amendment to the Constitution of

the United States provides that no state shall deprive any per-

son of his life or liberty without due process of law. Wholly

disregarding these constitutional provisions, the police officers

having defendant in custody compelled him to give evidence

and alleged incriminatory statements against himself for the

purpose of securing evidence, admissions and confessions upon

which defendant might or could be convicted. Defendant is

informed and believes and upon such information states the

fact to be that all of the alleged confessions or admissions so

unlawfully secured have been placed:with and turned over to

the State’s Attorney of Cook County, Illinois, and will be used

against defendant in the trial of this cause unless suppressed -

by order of this court.

7. Paragraph 109-1 of the Illinois Code of Criminal Proce-

dure provides that:

(a) A person arrested without a warrant shall be taken

without unnecessary delay before the nearest and most

- accessible judge in that county, and a charge shall be filed.

A person aitested on a warrant shall be taken without

unnecessary delay before the judge who issued the warrant

or if he is absent or unable to act before the nearest or

most accessible judge in the same county.

Wholly disregarding the provisions of said statute, the de-

fendant as held without warrant or process and was

E never taken before a judge, court or magistrate in com-

pliance with the law, until the said police had unlawfully

forced defendant ‘to give an alleged admission and confession

ene a

and statement against himself. Defendant was not taken before

‘a judge, court or magistrate until the morning of May 14, 1968.

The several judges, courts and magistrates of Cook County,

Illinois and of the City of Chicago and State of Illinois were

all open and available throughout the day of May 14, 1968,

but the persons and officers who had arrested the defendant

without warrant intentionally and wilfully failed to take the

defendant before any of said judges, cou r magistrates.

8. All of the actions. proceedings and cpnduct of the said

persons and officers relating to the arrest/ confinement, ques-

tioning, interrogation, threatening, beatifig. etc. as hereinbefore

alleged were and are contrary to and in violation of the rights

guaranteed defendant by Sections 103-2, Section 103-3 and

Section 103-4.

9. That the defendant herein can substantiate the afore-

mentioned with witnesses who were present following his arrest

and at the police station at the time immediately before, during

and after said alleged confession was taken.

10. Furthermore, the defendant contends that these allega-

‘tions can be further supported by the testimony of the public

defender, assistant to the courtroom of the Honorable Daniel

J. Ryan, who was present at the time when the State’s Attor-

ney’s office of Cook County attempted to further compound

this injustice regarding the alleged confession and only at that

time as the defendant availed of council to protect his con-

stitutional right.

F Wherefore. defendant prays that an order be entered

declaring unlawful the arrest, detention, interrogation,

questioning, beating and holding of defendant as hereinabove

alleged, declaring unlawful the forcing of defendant to give

evidence against himself, suppressing all evidence, confessions,

admissions or statements allegedly taken and obtained from

defendant as a result of the foregoing and suppressing any -

testimony or information from any of the foregoing.

Respectfully spbmitted,

(signed) RicHarp Brown

Notice of Appeal to the Illinois Supreme Court filed on

January 21, 1970:

1-3 (December 11, 1968, Pre-Trial Proceedings on the

Motion to Suppress before the Honorable L. Sheldon Brown).

Witu1aM Lenz, called as a witness on behalf of the Respond-

. ent, having been duly sworn, was examined and testified as

follows:

Direct examination by Mr. Cusick.

Q. State your name, officer.

A. William Lenz, L-e-n-z.

Q. What is your employment?

A. Police Department, City of Chicago.

Q. How long have you been on the force?

A. Fourteen years.

4 Q. How many years a detective?

A. I have been a detective since 1956.

Q. Calling your attention—twelve years?

A. Yes, sir.

Q. Calling your attention to May 13th, 1968, at approxi-

mately 7:45 P.M. did you have occasion to arrest one Richard

Brown? ;

. Yes, sir, I did. .

Recall where you arrested him?

. In the 3800 block of West West End Avenue.

. Who were you with at the time?

I was with Detective William Nolan.

Was the defendant taken into custody at that point?

Yes, sii, he was.

Was he transported to a police station?

He was.

By what means?

. By police vehicle, our squad car.

. What station was he taken to?

Arca 4, Homicide, the Maxwell Street Station.

Located at what address?

A. 943 West Maxwell Street.

Q. At the time you first saw the defendant, what was

5 his general physical condition as it appeared to you?

A. It was good.

Q. You noticed nothing on him out of the ordinary?

A. No, sir, he was dressed in casual clothes. Neat as I recall,

@ green sport shirt and green slacks.

Q. The defendant we are referring to, Richard Brown, do

you see him in court today?

A. Yes.

Q. Point him out, please. .

A. The gentleman sitting next to the counsel at the table.

Q. Striped shirt?

A. I would say striped gray shirt with white stripes.

OPOPED>OPO>OPOD

Q. What time did you arrive at the station? If you reeall?

A. It took us approximately 20 minutes. We would arrive at

the station shortly after—

Q. Was the defendant brought to a particular area or room

in the station?

A. Yes, he was.

Q. Which one was that?

a7 A. This would be what we refer to as the central inter:

/6 rogation room, Room 206, on the floor at 943 West

Maxwell.

Q. Who brought him to that particular room?

A. Both myself and Detective William Nolan.

Q. Did you have a conversation with the defendant at that

time?

A. Yes, sir, I did.

Q. Were any warnings issued to the defendant?

Mr. Howarp. Objection.

The Court. What is your objection?

Mr. Howarp. The objection, Judge, is to the words or word

“warnings.”

The Court. Overrule the objection providing it becomes

specific. .

Mr. Cusick. Q. Were any so-called Constitutional warnings

issued to the defendant at this point?

The Witness. A. Yes, sir, they were.

Q. Will l you state what their nature was?

A. Yes, sir. I warned the defendant, we first informed him

again of why he was under arrest. I then informed him that he

had a right to remain silent. Asked him if he understood and

he indicated that he did. I informed him that he had a right to

have an attorney present at the time that he was being ques-

tioned or any time thereafter, and asked him if he under-

7 stood this warning. He informed me he did. I then asked

him if he wished to have an attorney present at this time,

and he indicated that he did not. I then informed him that

anything he might say or write could and would be used

against him at a future date. He informed me that he under-

stood this also.

Q. He answered to that effect?

A. That is correct, sir.

Q. Who was present when these warnings were given besides

you and the defendant?

Ss ERTS RA NENT TRH NBT OR RST TF ARRON Tg

]

A. Myself and Detective William Nolan.

Q. These warnings were given in what particular room

again?

A. Room 206, which would be the center interrogation room.

Q. After this preliminary questioning with regard to warn-

ings what happened next?

A. We had a conversation with Mr. Brown relative to the

slaying of Mr. Corpus. After having this conversation he agreed .

to give us a written statement. A typewriter was brought into

the room and a written statement was obtained from Mr.

Brown.

Q. Who did the, typing of this particular statement?

A. I did the typing, sir.

8 Q. Who was present during the tyving of this state-

ment?

A. Detective William Nolan.

Q. Was this typed, statement typed as the questions were

asked and answered?

A. That is correct, sir. The question would be asked, typed,

and then the answer would be typed in.

Mr. Cusick. I would like this marked Respondent’s Exhibit

No. 1.

(Thereupon said exhibit was marked Respondent’s Exhibit

No. 1 for identification. )

Mr. Cusick. Care to examine this, Mr. Howard?

Mr. Howarp. I have seen it.

Mr. Cusick. Q. Officer, I show you Respondent’s Exhibit No.

1 and ask you if you can identify that?

The Witness. A. Yes, sir, I can.

Q. When and where did you first see it? .

A. This statement was taken on the date of the arrest at ap-

proximately 8:40 or 8:40 P.M., in room 206, 943 West Maxwell

Street.

Q. This is the statement you referred to just previously in

your testimony?

A. That is correct, sir.

9 Q. Who was present once again during this particular

statement?

A. Present during the taking of this statement was the ac-

cused, Mr. Brown, myself, and Detective William Nolan.

Q. Is there a signature affixed on the bottom of this state-

ment?

. Yes, sir, there is.

. Whose signature is that?

. It bears the signature of Richard Brown.

. How many pages in the statement?

Two pages.

. Does this particular typewritten document truly and ac-

curately portray the questions and answers that were asked on

this particular day in question?

A. Yes, sir, it does.

Q. Now, what time was this statement completed?

A. This statement took us approximately 25 to 30 minutes

to complete.

Q. Upon the completion of the statement, what happened

next?

Q. Mr. Brown agreed to accompany Detective Nolan and

myself to the area of Madison and Homan, Madison and St.

Louis, that general area where he informed us another

10 subject being sought could be located.

Q. Approximately what time did you leave the Max-

well station?

A. As best I recall it would have been 9:30 or shortly after

9:30 P.M.

Q. What was the defendant’s physical condition when he

left the station at this point?

A. Good.

Q. Had he changed from when you first arrested him?

A. No, sir, he had not.

Q. Did he make any complaint of being harassed or under

any type of harassment?

A. No, sir, he did not.

Q. When you left what time did you reach the Madison and

Homan area?

A. Approximately 9:45.

Q. How long were you out on the street in this particular

area?

A. We drove around in the immediate area and stopped at

various taverns on Madison Street. We also toured the area

of Monroe Street, St. Louis, Central Park. We would get out

of the car with the accused and he would look into various

businesses trying to locate the other subject.

ll Q. Did you eventually leave this area?

A. Yes, sir, we did.

OPOPoOpr

Sgt eS ee ee en . 7

a FPS SIS O°SAE TE SEE RE ARES pate ROA

Q. Were you successful in locating Mr. Claggett at this point?

A. No sir. .

Q. Where did you go when you left the area?

A. We went to the police central building at 1121 South State

to the identification section.

Q. Your purpose in going there was what?

‘A. An attempt to obtain a photograph of Mr. Claggett.

Q. How long were you inside the building?

A. I would say approximately twenty, twenty-five minutes.

Q. Once again it was you, the defendant and Detective

Nolan? .

A. That is correct.

Q. What time did you leave the building approximately?

A. As best as I can recall we left the police building it would

be, ch, about five minutes to 11:00 or 11:00 o’clock P.M.

Q. Where did you go then?

_ A. We proceeded back to the area of Homan and Madison,

Madison and St. Louis.

12 Q. What happened next?

A. We again revisited the same businesses we had

originally attempted to locate Mr. Claggett. We were unsuccess-

ful. Got back into the car and were proceeding south on St.

Louis Avenue. As we came to the intersection of St. Louis and

Monroe Mr. Brown indicated, there were three people crossing

in front of our vehicle walking from the west side to the east

side of the Street on Monroe, he indicated one of the three

persons as being Mr. Claggett, the man we were seeking.

Q. Did you arrest Mr. Claggett?

A. Yes, sir, we did.

Q. Did you go back to the station at this point?

A. We did.

Q. What time did you and the defendant Brown and William

Nolan arrive back inside the station?

A. Approximately 12:15, 12:20 A.M.

Q. During the entire period of time from the arrest up until

now had the defendant complained of any abuse of any kind?

A. No, sir, he did not. ,

Q. What was his physical condition when you reachéd the

station?

A. His physical condition was good.

13 Q. Had he had anything to eat or. drink during the

interim period? ,

A. There was some coffee, as I recall, we had some coffee.

Q. Did he have some?

A. Yes, sir, he did.

Q. Where did you have the coffee?

A. This would be in the station.

Q. When you arrived in the station, about 12:20 in the.

morning or 12:20 A.M. would that have been?

A. That is correct, sir.

Q. Where was the defendant put or kept at this point?

A. He was placed back in the same room, Room 206.

Q. Was he guarded there by anyone?

A. The door was closed. The room that he was in the door

was closed and the windows are barred.

Q. Was he in there alone?

A. He was alone.

Q. Was he visited by anyone from 12:20 A.M. until 2:00

o'clock in the morning?

A. No one other than myself, Detective Nolan.

Q. Were you in the outer room during this period? _

A.2Yes, sir. We had had a conversation with Mr. Claggett,

a very brief conversation, we returned and had a short con-

versation with Mr. Brown and then awaited the arrival

14 __— of an Assistant State’s Attorney in our office.

Q. Were any promises of leniency or any other in-

ducement extended toward Richard Brown?

A. No, sir, no promises.

Q. At any time?

A. No, sir. .

Q. Now, at approximately 2:00 o’clock in the morning what

happened then? —

A. Assistant State’s Attorney Mr. Crilly, John Crilly, ar-

rived, and he was given the file, the reports that we had on the

case up to that point and made aware of the arrest and circum-

stances surrounding it. He then went into the center room and

had a conversation with Mr. Brown.

Q. How long was he in there with Mr. Brown?

A. Twenty, twenty-five minutes.

Q. Then what happened next?

A. A court reporter had arrived in the interim. The court re-

porter, myself and Mr. Crilly then went into the room and a

statement was obtained from Mr. Brown.

Q. Were you aware of any statements made to Mr. Brown—

strike that.

Pata ; Sraanes “es CORRS MUTE ae Fe eS TATA

Who was present; during the second statement?

A. I was present, Assistant State’s Attorney Mr. Crilly, the

court reporter and the accused, Mr. Brown.

15 — Q. Do you recall any constitutional warnings being

issued to the defendant at this time? |

Mr. Howarp. Object to the leading form of the question.

The Court. Repeat the question.

(Question read.)

The Court. Sustain the objection.

Mr. Cusick. At this particular point do you recall anything

Mr. Crilly might have said to the defendant in your presence?

The Wrrness. A. In my presence?

Q. Yes, sir.

A. He introduced himself, he introduced the court reporter

and myself. After the introductions he informed the accused

of his constitutional rights.

Q. Without repeating them were they the same warnings.

that had been issued earlier?

A. In substance, yes, sir, same warnings.

Q. What was the defendant’s reply or response, if any, to

these statements by Mr. Crilly? .

A. He indicated that he was aware of his rights, and he also

waived his right to have an attorney present.

~ Mr. Howarp. Objection.

The Court. Sustained.

16 Mr. Cusick. Q. Well, what actually did he say? What

were his own words in response to these warnings?

The Witness. A. He indicated that he was aware of them.

Mr. Howarp. Objection.

The Courr. Sustained. What was done? What was said?

Mr Cusick. Q. What actually happened? Not what he indi-

cated. What did he say with his own mouth?

The Court. If anything.

Mr. Cusick. Q. If anything? :

The Wirness. A. He told Mr. Crilly that he understood his

rights. ; ,

Mr. Cusick. I would like this marked as Respondent’s Ex-

hibit number 2 for identification.

(Thereupon said exhibit was marked Respondent’s Exhibit

number 2, for identification. )

Mr. Cusick. Q. Now, Detective Lenz, I show you a type-

written document approximately eighteen pages long marked

I <a Cm ETE —

as Resporident’s Exhibit number 2 for identification. Will you

examine that, please? And do you recall any knowledge about

this document? Any personal knowledge?

17 Mr. Howarp. Judge, I would object to it unless the

witness has seen this document before.

The Court. All right, qualify it.

Mr. Cusick. Q. Were you present when subsequent questions

were asked and answered by the State’s Attorney and the de-

fendant?

The Witness. A. I was not the detective present, no, at the

taking of the statement.

Q. You were not the detective present?

A. No, sir. Not on this written statement. On the original

statement.

The Court. What if anything did you have to do with that

statement?

The Witness. A. The statement taken by the Assistant

State’s Attorney?

The Court. Yes.

The Witness. A. Nothing. I was not present during the tak-

ing of that statement.

Mr. Cusick. Q. During the taking of this statement you were

outside the room?

A. That is correct, sir.

Mr. Cusick. No further questions.

Cross examination by Mr. Howarp

Q. Now, Officer, you arrested Richard Brown on May 13th,

1968, did you not?

18 A. That is correct.

Q. When did the deceased in this case meet his death?

Mr. Pomero. Objection. |

The Court. Let him answer.

The Witness. A. I don’t recall, but it was sometimes prior

to the arrest.

‘. Howarp. Q. Would it be May 6th, 1968?

A. That date I believe is correct. \

Q. Now, officer, when you testified a few minutes ago you

said that you arrested the defendant Richard Brown in the

3800 block West on West End, is that right? ‘

A. That is correct.

Q. Specifically, Officer, what was the address that: you

arrested this defendant?

; A.: I don’t recall the exact address. I believe it was approx-

imately 3827 or 47. I know the building was located on the

south side of West End Avenue.

Q. All right. It was an apartment building, wasn’t it?

A. Yes, sir, it was.

Q. Was the address where the defendant was arrested his

7 private residence?

19 Mr. Pommro. Objection.

The Covrr. Let him answer if he knows.

The Wirness. A. To the best of my knowledge it was his

residence.

Mr. Howarp. Q. Now, when you—strike that. Who was

present when Richard Brown was placed under arrest by you

and Detective Nolan?

A. Detective Nolan, myself, and Mr. Brown.

Q. You were waiting at Mr. Brown’s residence when he

arrived home, weren’t you?

A. That is correct.

Q. You were in the—inside of his apartment, weren’t you?

A. I was inside the apartment, yes, sir.

Q. Where was Detective Nolan?

A. Detective Nolan——

Mr. Cusick. Object, your Honor.

The Court. Let him answer if he knows.

The Wirness. A. Detective Nolan was in a hallway imme-

diately outside of the room. This hallway had an adjoining

corridor extending to the rear porch.

Q. Where was Mr. Brown when you first saw him?

A. When I first observed Mr. Brown he was coming

20. sup the rear stairs. this would be the third floor, walk-

ing down a short porch up to the window behind which

I was concealed.

Q. After he walked up near the window did you at that time

place your revolver on Mr. Brown?

A. Yes, sir, I did.

Q. And while you held your revolver on Mr. Brown, Detec-

tive Nolan came from where he was and asked him to come

back into the apartment—to come into the apartment?

A. That is correct.

Q. Now, Officer, did you have a warrant for the arrest of

Richard Brown?

Mr. Cusick. Objection.

The Court. Sustain the objection.

Mr. Howarp. Q. Did you have a search warrant to search

his apartment?

-Mr: Cusick. Objection.

The Court. Sustained.

Mr. Howarp. Q. When you put your revolver out the window

and held Mr. Brown at bay, what was the first thing you said

to him?

Mr. PomeEnro. Objection.

The Court. Let him answer.

Mr. Pomero. Held him at bay?

Mr. Howarp. He testified he put his revolver

21 on him.

The Witness. A. Informed him that he was under

arrest.

Mr. HowArp. What did Mr. Brown say?

A. He didn’t say anything at that time.

Q. After you told him that he was under arrest what took

place after that?

A. Detective Nolan came out a side door which leads out

onto the porch, drew his revolver and brought Mr. Brown back

into the room.

Q. After you were inside the room, what was the first thing

you said or Detective Nolan said to Mr. Brown?

A. We again informed him that he was under arrest. He

denied being Richard Brown.

Q. After he denied being Richard Brown what was the next

thing said?

A. We asked if he wanted a coat or jacket. He informed us

he did not. We left the apartment, walked out, down the rear

stairs into our car.

Q. Did you search Mr. Brown while he was in that

apartment?

A: Yes.

Mr. Cusick. Objection.

The Court. Wait a minute.

22 Mr. Howapb. Q. Did you?

The WitnEss. A. Yes, sir.

Q. Did you find upon Mr. Brown’s person identification

which showed that he in fact was Richard Brown?

A. No, sir. We found a driver’s license bearing another per-

son’s name.

565-219—74——2

i i a He

aa ee

_Q. After he said he was-not Richard Brown what did you

say to him, if anything? .

A. We showed him a photograph that we had of the subject,

Richard Brown, identifying him as such.

Q. Then what did Mr. Brown say after you showed him the

photograph?

A. Nothing, sir.

Q. Did you search him before you showed him the photo-

graph?

A. Yes; sir.

Q. After you showed him the photograph what was said

after that?

A. As I recall nothing was said. He didn’t make any reply.

We had already searched Mr. Brown. We left the apartment.

Q. When what did you do?

A. Walked out the porch, down the rear stairs, through an

alley to Washington Boulevard where we had our car

23 parked. The three of us got into the automobile and

went to the Maxwell Station.

Q. Now, Officer, while you were in Mr. Brown’s apartment

you said you told him he was under arrest, is that right?

A, That is correct, sir.

Q. Did you tell him for what reason he was under arrest

when you first drew your revolver?

A. No, sir. As I recall when I first saw Mr. Brown I told him

he was under arrest.

Q. Now, while he was in the apartment while the search was

being carried on did you tell Mr. Brown at that time for what

reason he was uncer arrest?

A. Yes, sir.

Q. What words did you use?

A. He was under arrest for the murder of Roger Corpus.

Q. All right. Now, what did Brown say if anything after you

told him he was under arrest for the murder of Roger Corpus?

A. He denied being Richard Brown.

Q. Is that the only thing that he said?

A. This is all that was said, sir, until we arrived at the Max-

well area.

24 Q. You had no conversation with him as he walked

from the apartment building to your car?

Mr. Cusick. Object, Judge.

‘ The Court. cet him answer.

—_— —

The Wirness. A. No, no conversation, sir.

Mr. Howarp. Q. As you rode from the apartment building

down to the Maxwell Street station was there any conversation

between you and. Mr. Brown or Detective Nolan and Mr.

Brown?

A. Yes, sir.

Q. What was said by Mr. Brown and what was said by you?

A. As I recall Detective Nolan inquired of Mr. Brown as to

whether or not he had ever driven or owned an Oldsmobile

automobile.

m4 What did Mr. Brown say to that?

. I believe he replied or I recall he replied that a friend of

his oe such an automobile.

Q. What other conversation took place?

A. That is all I recall, sir.

Q. Now, after you arrived in the Maxwell Street station

where did you first take Mr. Brown?

A. Room 206, this would be the interrogation room, sec-

ond floor.

Q. As you entered the Maxwell Street station did you

25 have a conversation with anybody in the presence of Mr.

Brown?

A. Notas I recall, sir.

Q. When you walked up to the second floor of the Maxwell

Street station did you have a conversation or did you say any-

thing to anybody as you came into the station—into the second

floor?

A. Not in Mr. Brown’s presence. As I recall we placed Mr.

Brown immediately in the interrogation room and then went

into our office.

Q. Isn’t it true that you told the sergeant there that you had

him right while Mr. Brown was in your presence?

A. I don’t recall saying that.

Q. Youcould have though, couldn’t you?

Mr. Pomero. Objection to that.

The Court. Sustained.

Mr. Howarp. After Mr. Brown was taken into the interroga-

tion room was there anybody else in the room besides Mr.

Brown, Detective Nolan and yourself?

The Wirnsss. A. No, sir.

Q. What was the first thing that took place after Mr. Brown

was taken into the room?

) ae

2.—~C:i‘C.«{U He was seated down in a chair at a table inside the

room. We went out of ths room, the door was closed.

I went ‘nto the homicide office and obtained the homicide file

on oger Corpus death,

Immediately after he had been seated in the room?

_ A. That is correct. ‘

Q. You left Mr. Brown in the room with Detective Nolan?

A. No, I don’t recall Detective Nolan was in the room.

Q. Well, let’s back ‘up a minute. When you first got to the

Maxwell Street station you, Mr. Brown, Detective Nolan went

up to room 206, is that right?” ;

A. That is correct,

Q. All three of you were in the room? |

A. That is correct, :

‘

Q. Now, was—Mr. Brown was seated in a chair, is that .

right?

A. That is correct.

Q. Was he handcuffed at ‘that time?

A. I don’t recall his being handcuffed, no, sir.

Q. Did you handcuff him when you left the apartment

building?

: A. No, sir, I didn’t have handcuffs.

27 Q. After you got in the room and you, three of you

in the room, you say you left the room?

Q. How long were you gone?

' A. Ten minutes,

Q. Did you go back in the room with Detective Nolan?

A. Yes, sir, ;

' Q. After you and Detective Nolan came back in the room

what happeried after that?

A. Mr. Brown was advised of his Constitu

Mr. Howarp. Object to that. That is not

_ question.

tional rights,

responsive to the

. The Court. Read the question.

28 (Question read.)

Mr. Cusick. He answered.

The Court. What happened, not what he said, what was

said. Ask him what happened.

The Wirnrss. A. I sat down in a chair across from the table

facing Mr. Brown. Detective Nolan sat, as I recall, to Mr.

Brown’s left in another chair. I had the homicide file with me.

I placed it on the table and opened it.

Q. What was the first thing after you placed the homicide

file on the table what was the first thing you or Detective

Nolan said to Mr. Brown?

A. I informed Mr. Brown of his Constitutional rights.

Mr. Howarp. Object, your Honor.

The Court. Read the question.

(Question read.)

The Court. What was his answer?

(Answer read.)

The Court. Let it stand. :

Mr. Howarp. I object to it on the ground that the answer

is given by the witness is a conclusion. What Constitutional

: rights? Might have advised him he has aright to vote.

The Courr. Well, do you want to ask him about it?

29 Mr. Howarp. I asked him what he said. What was the

first thing he said to Mr. Brown immediately after he

placed the file on the desk.

The Court. All right. Give him a specific answer.

The Wirness. A. As best I can recall, counsellor, I said,

“Richard Brown, I want to warn you that you have a

right to remain silent. Do you understand?” He told me that

he did. I then warned him that ..e had a right to have an at-

torney present if he desired, and if he couldn’t afford an at-

torney, a free attorney would be provided for him by

the State. I asked him if he understood that. He informed me

that he did. I then asked Mr. Brown if he wished to have an

attorney present at this time. He informed me that he did

not, he did not have an attorney. I then asked him or told

him rather that anything that he might say or write could

and would be used against him at a future date in a court of

law. I asked him if he understood this, and he told me that he

did understand.

Mr. Howarp. Q. After he said that I understand these things

Le OPES E Pee

that you just mentioned then what was the next thing that

was said or done?

30 A. I informed Mr. Brown that we were aware of an

incident that had taken place in a pool room on 5th

Avenue, on, as I recall, the 3rd—approximately the 5th of May |

1968. His answer was, “Oh, you know about that.” I alse in-

formed him that we had obtained a bullet from the ceiling of

this pool room and that this bullet had been taken to our crime

lab to be compared with bullets taken from Roger Corpus’ body.

Mr. Pomero. Judge, excuse me. Like to object now. Going

into the substance.

Mr. Howarp. Talking about conversation that took place

prior to the time the man made a statement to him.

Mr. Cusick. I object to any conversation that goes to the

substance of the case. The issue is——

Mr. Howarp. It is a privilege ——

Mr. Cusick. The issue here is whether the statement was

voluntary.

Mr. Howarp. We can’t know until we know what took place

inside the station.

The Court. Carry on. Overrule the objection.

Mr. Howarp. Go ahead.

The Witness. A. His answer to this was, “Oh, you know

31 that too.” I then asked Mr. Brown if he wished to tell

us what he knew about Roger Corpus’ homicide. He

informed us that he did.

Q. Before he told you that he wanted to give a statement

concerning Roger Corpus you had told him about a shooting

in a pool room, did you not?

A. Notashooting, sir. A weapon being fired.

_ Q. Fired, yes. You also told him thai the pellet that was re-

treived in the pool room was the same kind of pellet that was

found in the body of the deceased, didn’t you?

Mr. Pomero. Objection.

Mr. Howarp. Q. Pardon?

The Wirngss. A. No, sir, we did not.

Q. Let’s back up just a minute.

Mr. Pomenro. I had an objection, counsel.

Mr. Howarn. Sorry.

The Court. What is the objection? :

Mr. PomMero. He is assuming facts not yet in evidence.

The Covrr. All right, the witness has already said no, so let it

stand.

——>..

—,

Mr. Howarp. Let’s back up a minute, Officer. You said that

after you warned Mr. Brown about his right to have a lawyer,

and so forth, and he said I understand——

32 The Witness. A. That is correct, sir.

Q. You then said that there was a conversation

wherein you told Mr. Brown that you knew about a shooting

in a pool room, is that right?

A. About an incident.

Q. An incident?

A. That is correct.

Q. What—Now, what else dl you say to him when you

A. I informed him that we ha ‘retrieved a bullet from the

ceiling and that this bullet had Béen sent to the crime lab to

be compared with the bullets taken from Roger Corpus’ body.

Q. What did Mr. Brown say after you informed him about

the sending of the pellet to the crime lab?

A. His response was the same as he had originally given

when I told him about the pool room, “Oh, you know about

that.”

Q. Now, what was the next thing that was said between

you and Detective Nolan and Mr. Brown?

A. I asked Mr. Brown if he wished to tell us about the Roger

Corpus homicide.

Q. What did he say?

A. He said he did.

33 Q. And did he at that point make a statement con-

cerning Roger Corpus’ death?

A. Yes, sir, he did.

Q. You wrote down, Officer, or typed up the statement that

was made by Richard Brown, and in that statement there was

certain questions asked by you and Detective Nolan and he

gave answers to those questions, is that right?

A. The questions in the statement were asked by Detective

Nolan and I was the typist.

Q. You were there?

A. That is correct, I was present.

Q. And the questions that you asked of Mr. Brown and the

answers he gave were included in the statement, is that right?

A. That is correct.

_ Mr. Howarp. Where is that statement?

Q. Officer, I show you what has been identified as People’s

Exhibit No. 1 for identification. I ask you if this is the state-

ment that was typed up by Mr. Brown or typed up by you and

signed by Mr. Brown? —

A. Yes, sir, this is a copy of the statement.

Q. Now, when this statement was being typed up you

34 did not type down the facts that you told Mr. Brown

that he had aright to havea lawyer, did you?

A. In the statement, sir, on the first page you will see the

question, “You have been advised of your Constitutional

rights.”

Q. You didn’t answer my question. I asked you did you type

down in this statement the fact that you told Mr. Brown that

he had aright to have a lawyer?

Mr. Cusick. I will stipulate that the particular warnings

were not included.

Mr. Howarp. I am not asking for a stipulation. We are talk-

ing about what took place.

The Wrrness. A. I don’t believe the statement includes each

and every———

Q. No. I asked you to look at the statement and did you put

in the statement—maybe you did, I don’t know, did you tell in

that statement that Mr. Brown signed, is it in that statement

initially that Mr. Brown—you warned him that he had a right

to have a lawyer?

Mr. Cusick. Your Honor, I will object. Already answered

he did not. Trying to say the Constitutional warnins are in

there but not enumerated.

Mr. Howarp. Object to the State’s Attorney making

35 a speech, Judge.

Mr. Cusick. It isn’t a speech. To save time I will

stipulate they are not enumerated.

Mr. Howarp. I am not looking for any short cuts. It is very

important as to what is in that statement. I am merely asking

this officer if he told him in the statement that he had a right

to have a lawyer.

The Court. Let him answer...

The Witness. A. It is included in the statement, sir. Thé fact

that you can have an attorney present. |

Mr. Howarp. Q. All right. Did you also tell him in the state-

ment *hat, is it written in that statement that if you don’

have funds to hire a lawyer the State will hire one for you?

A. That is not shown in the statement, no, sir.

———_

Q. Did you write down on that statement that was signed

by Mr. Brown that not only do you have a right to have a

lawyer but you have a right to have one here and now? Is that

in the statement?

A. That is present there, sir, that you can have an attorney

at this time.

Q. All right. Now, did you say in that statement, did you

tell Mr. Brown in that written statement that anything that

. he may say can be used, later used against him?

36 A. That wording does not appear in that statement,

sir.

Q. When did Mr. Brown state anywhere in that statement

that he did not want a lawyer?

A. Not in those words, no, sir.

Q. Is it in that statement, does he say I do not want a lawyer?

A. No, sir, not in those words.

Q. Did he say in that statement that I undérstand that any-

thing that I may say can be used against me?

A. No, sir, not in those words.

Q. After Mr. Brown had made a statement to you an As-

sistant State’s Attorney was called, is that right? Is that what

you said?

A. Sometime later, yes, sir.

Q. How much later?

A. A statement was taken as best as I recall about 8:45,

took us approximately 25 minutes. We left the station shortly

after 9:00, went down—went to the area of Homan and Madi-

son, made a tour of this area. I can’t approximate the time. We

then left that location with Mr. Brown, went to the central

police building, 1121 State where we attempted to obtain a

7 picture of Mr. Claggett, were unsuccessful, came down

37 again, got into the vehicle, police vehicle. and we re-

turned to the area of Homan and Madison and were

successful in locating Mr. Brown shortly before midnight.

Q. Mr. Brown or Mr. Claggett?

A. Mr. Cuaacett. I am sorry.

Q. Let me ask you this, officer. Before Mr. Brown told you

about what he knew about the Corpus death isn’t it true that

you told Mr. Brown that you wouldn’t prosecute him if he

helped the police?

A. No, sir, I did not.

Ce Ve ee SEES SACI Lee

wy ’

rome

—

Saisie Saiki

Q. Mr. Brown went with you when you left the police sta-

tion to help you find this man Claggett didn’t he?

A. That is correct, sir. ,

Q. Wasn't that because you told him that he would not be

under arrest and would not be prosecuted if he told you who

the real man was?

A. No, sir, he was already under arrest. .

Q. Now, it was about 7:45 thereabouts when you placed Mr.

Brown under arrest, is that right?

A. That is correct, sir.

Q. Did you take Mr. Brown down to 11th Street or any other

place before any judge or magistrate?

Q. Yes.

38 A. No, sir.

Q. Were you aware of the fact that a special bond

court had been set up at 1121 South State on the 11th floor?

Mr. Pomero. Object, Judge.

The Court. What is your objection?

Mr. PoMero. Irrelevant,

Mr. Howarp. Of course, the statute provides for it. I don’t

see how it is irrelevant.

Mr. Pomero. Take him down to the station and question

him.

Mr. Howarp. I am asking what the statute calls for.

The Covrr. Let him answer.

The Wirness. A. I am aware that there is a night bond court.

Mr. Howarp. Q. Did you take Mr. Brown there?

A. No, sir.

Q. Where was the first time you took Mr. Brown before any

Judge or magistrate after he was placed under arrest?

A. It would be the morning, best as I ean recall looking at the

statement. This statement was taken on the 13th of May. He

would have went to Court that morning. Appeared in Felony

Court.

39 Q. He had already made a statement both to you and

to the State’s Attorney when he was first taken before

any Judge or magistrate, hadn’t he? ;

A. The statement given to the State’s Attorney was approxi-

mately 2:00 or 2:30 A.M. on the 13th. As I recall the defendant

appeared in Court at 9:30 A.M. on the 13th.

Q. Officer, when you told Richard Brown that he was under

arrest at this address on West End in his apartment, you said

that you told him he was under arrest for the murder of Corpus?

A. Roger Corpus.

Q. Did you say for the murder of Roger Corpus?

A. That is correct, sir.

Q. When was the next time you told him he was under ar-

rest for that?

A. In the station.

Q. When you told him that he was under arrest for the

murder of Roger Corpus at the station he had not at that time

made a statement to you nor Officer Nolan, had he?

A. That is correct.

Q. He had not made a statement to the Assistant State’s

Attorney?

A. That is correct.

40 Q. Did you tell Richard Brown in the apartment when

you told him he was under arrest for the murder of Roger

Corpus that he could—if he was convicted of murder he could

go to the penitentiary for a minimum of 14 years?

- Mr. Pomero. Objection.

Mr. Howakrp. I will connect it up. if the Court please.

The Court. All right. if you connect it up.

The Wirness. A. In the apartment at the time of the arrest?

Mr. Howarp. Q. Yes.

A. No, sir. ’

Q. Did you tell him when you—did you tell him that on a

charge of murder that he could be convicted of manslaughter?

A. Did I tell him this?

Q. Yes.

A. When and where? :

Q. In the apartment.

A. No, sir.

The Court. Connect this up too, counsel?

Mr. Howarp. Yes, sir.

Q. Did you tell him in the apartment that he could be

convicted for involuntary manslaughter on a charge

41 of murder?

The Witness. A. No, sir.

Q. Did you tell him in the station prior to the time that he

made the statement that if he was convicted of murder he

could be sent to the penitentiary for a minimum of 14 years?

A. No, sir.

Q. Did you tell him that if he was conyicted of murder he

could be sent to the electric chair?

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. re OPES POET RSs SPP asthe:

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A. No, sir.

Q. Did you tell him—— ;

Mr. Pomero. Let the record show we have continuing objec-

tion.

The Court. All right. Let the record also show that it will

be stricken if coumsel doesn’t tie it up.

Mr. Howarp. Very well, your Honor.

Q. Did you telll him that if on a charge of murder that he

could be convicted of manslaughter which he could go to the

penitentiary for @ period of time from one to twenty years?

The Witness. A. This was all prior to his statement?

Q. Yes.

A. We are referring to this statement?

Q. Yes, siir.

42 A. No, sir.

Q. Did you tell him that on a charge of murder he

could be convicted of involuntary manslaughter for which he

could go to the penitentiary for one to ten?

A. No, sir.

Q. Do you know prior to the time—strike that. Did anybody

tell Mr. Brown in your presence what the penalty was for

murder, manslaughter, or involuntary manslaughter before he

made that statement?

A. No, sir.

Mr. Howarp. No further questions.

Mr. Cusick. Just one question.

Redirect examination by Mr. Cusick:

Q. The defendant make, ever make any remark to you re-

garding State’s evidence?

A. Yes, sir.

Q. When did he make this remark?

A. After having obtained the written statement, the first

statement given by Mr. Brown at 8:45 P.M. and while we were

preparing to leave the building to go to the area of Homan and

Madison he informed us that he would want to be—he would

like to turn State’s evidence against Claggett as he was not the.

shooter nor did he have any idea that Claggett was

going to do what he did.

Mr. Cusicx. I see. No further questions.

Mr. Howarp. No further questions.

Mr. Cusick. You may step down.

(Witness excused)

ana

Mr. Cusick. I will check, see if Mr. Crilly is back there.

Joun W. CRIiLty, called as a witness on behalf of the Re-

spondent, having been duly sworn, was examined and testified

as follows:

Direct examination by Mr. Cusick:

Q. State your name, please.

A. John W. Crilly.

Q. Your occupation?

A. Assistant, State’s Attorney of Cook County.

Q: Now, how long have you been employed as an Assistant

State’s Attorney?

A. Five and a half years.

Q. Were you so employed as an Assistant State’s Attorney

on the morning of May 14th, 1968?

A. Yes, I was.

Q. Directing your attention to that morning were

44 you on any type of night call for the State’s Attorney’s

Office?

A. Yes, I was.

Q. What was the period of night call?

A. It would be from 5:00 P.M. to 9:00 A.M. the following

morning.

Q. That would be 5:00 P.M., May 13th, to 9:00 A.M., May

14th?

A. Yes.

Q. Recall going to the Maxwell Street Station at any time on

the morning of the 14th?

A. Yes. I received a call at 1:00 A:M. and I proceeded to Area

Four. I got there a little before 2:00 o’clock.

Q. Where did you go when you got there?

A. I went upstairs to the Homicide Section.

,Q. When you arrived there did you have a conversation with

any police detectives? A

A. Yes, I did. I talked to Detective Lenz-I believe.

Q. Did you also see the defendant at that time?

A. After I talked to Detective Lenz, I went in and talked to

the defendant.

Q. Recall where you talked to him?

A. I talked to him in a little interrogation room.

45 Q. Who was there when you talked to him?

A. Pardon?

Q. Who else was in there when you talked to him?

cu er CE LNAI ROE ETE

BENETTON CENT TENE Sey Nate ORR 2 at: a RUN ame CaS

A. The first time T talked to him there was no one in the

room, just he and myself.

Q. The defendant, Richard Brown, you have a recollection

today of what he looks like?

A. No, I really don’t remember what he looked like.

Q. Well, can you identify him today?

A. Yes, I see him sitting right there.

Q. Referring back to that particular morning in question

you have a recollection what his physical condition was when

you first saw him?

A. Yes, I do.

Q. Notice anything unusual or out of the ordinary about

his condition?

A. No, I didn’t.

Q. Was he speaking freely and coherently?

A. Oh, yes.~”

Mr..#1owarp. Objection to the use of the word “freely.”

TheCourr. Sustain the objection.

Mr. Cusick. As to the words “freely”, Judge?

The Courr. Yes.

Mr. Cusick. Q. Now, for approximately how long did

46 you talk to him alone?

The Wrrness. A. Oh, for the better part of half an

hour, I would say.

Q. In substance what did you say to him and what did he

say to you?

A. Upon entering the room I told kim that he was entitled to

have an attorney present. He said he knew that, he had al-

ready been so informed of his Constitutional rights by the

officers who had talked to him before. And I informed him of

all of his Constitutional rights.

Mr. Howarp. Objection. .

The Courr. All right. Let it stand provided he states what

they were.

Mr. Cusick. Q. What specifically did you inform him?

The Witness. A. Well, I had a card that had certain rights

on it and I just read those rights off to him when I first talked

to him. Then I sat and——

Q. Do you recall what you read to him?

A. Yes, I told him that he was entitled to have an attorney

and that if he could not afford one the State would provide

one for him.

Mr. Howarp. Your Honor, at this time the defense

47 will impose an objection to the State’s Attorney testify-

ing as to what he read off a card unless the card is

presently in Court. It would be marked and introduced.

Mr. Cusick. Judge, if he can recall——

The Cover. Can you account—have the card on you?

The Witness. A. Yes, it is, Judge. It is in my pocket.

The Court. Want to pull it out and read it?

The Witness. A. I told him that he had a right to remain

silent, that if he chose not to remain silent, anything he said

or wrote could and will—could and would be used as evidence

against him in Court. I told him that he had a right to consult

a lawyer before any questioning, and that he had a right to

have the lawyer present with him during any questioning. And

he not only had a right to consult with a lawyer before any

questioning, but that if he lacked the financial ability to retain

a lawyer, a lawyer would be appointed to represent him before

any questioning, and he could have the lawyer present with

him during any questioning.

Mr. Cusick. Q. Do you recall what responses, if any, he made

to this statement by you?

48 A: He'said that he did not want a lawyer, that he did

want to talk to me.

Q. He did want to talk to you?

A. Yes, he did.

Q. Did you subsequent thereto ever leave the room the de-

fendant was in?

A. Yes, as I say, after I sat there and talked to him for the

better part of a half an hour, then I left the room and then came

back in the room with the officer and a court reporter.

Q. When you went back in the room, you were with which

detective, do you recall?

. Detective Nolan.

. And a court reporter?

Yes.

. Recall his name?

. Emmett Smith.

. He is a State’s Attorney’s court reporter?

. Yes, he is.

. And yourself?

. That is correct.

Q. Approximately what time did the court reporter begin

taking the dictation?

OPOroOpPop

A. Oh’ it was approximately 2:30 A.M.

Q. I show what has been previously marked Respond-

49 ent’s Exhibit 2 for identification and ask you to peruse

that document and see if you can tell us if you recall

anything about it?

A. Yes, this is the—this represents the questions I asked

Mr. Brown and the answers he gave me on that morning.

Q. Did you have an opportunity to peruse this prior to com-

ing up here today?

A. Yes, I did.

Q. Do the questions and answers on here truly and accu-

rately portray the questions and answers that were asked and

answered on the date in question?

A. Yes, it does.

Q. Prior to taking any information from the defendant

Brown with the court reporter present, what did you say to him

on the record in the court reporter’s presence?

A. Once again, I read him the card. I have the card, I al-

ways carry it with me as—especially when I am on homicide

call, and I just read him the same card I had previously read

here.

Q. As you previously testified to about five minutes ago?

A. Yes.

50 Q. What was his reply to the second set of warnings

that you gave him in the presence of the court reporter?

A. The same reply that I had previously had gotten from

him. He said that he knew his rights and that he wanted to

make this statement.

Q. What time was the statement finished, Spproximstely?

A. I would say it was close to 3:00 A.M.

Q. Was the defendant issued any promises of leniency in

your presence?

A. No, he was not.

Q. Was he threatened in any way by anyone?

A. No, he was not.

Q. Did his physical condition appear to be normal when

the statement was finished?

A. Yes, it was. Prior to taking the statement he, I believe,

he asked one of the officers if he could have some water, and

the officer gave hit some water. I am sure he was smoking a

cigarette. He asked me for a cigarette when I first talked to him,

ae ee

31 :

and_I asked him if he was hungry and wanted anything to eat

and he said he did not.

Mr. Cusick. Okay. No further questions. __, a:

Cross examination by Mr. Howarp:

51 ° Q. Attorney Crilly, when you arrived at the Maxwell

Street Station, you were told by Detective Nolan and

Detective Lenz that the defehidant had already made a state-

ment, weren’t you?

A. Yes, I was told that by Detective Lenz. Detective Nolan

wasn’t there when I got there.

Q. Did Detective Nolan show you the typewritten statement

that had been made by Mr. Brown?’

A. Not at that time, he did not.

Q. Do you know how long Mr. Brown had been in the custody

of the police when you arrived at the station?

A. No. I asked Mr. Brown that, but I don’t recall.

Q. You said that when you spoke with Mr. Brown you read

off to him certain warnings, you just testified to on a card, is

that right?

A. Yes, sir.

Q. When you were warning Mr. Brown did you tell him

what the punishment was if he was convicted of murder?

A. No, sir,'I did not.

Q. Did you tell him that in a charge of murder—that on a

charge of murder he could be found guilty of manslaughter-——

Mr. Cusick. Your Honor——

52 Mr. Howarp. Q. fue which he could be sent to the

penitentiary from one to twenty years?

Mr. Cusick. Let the record reflect there will be another

continuing objection.

The Court. What is the pertinency of this?

. Mr. Howarp. I promise the Court as a matter of law I will

show the relevancy of it on my motion.

The Court. With Illinois law?

Mr. Howarp. Yes.

The Court. All right. I will hold you ‘to it.

Mr. Howarp. Q. Did you tell him that he could—if con-

victed of murder that he could be sent to the penitentiary for

a minimum of 14 years?

The Wirngss. A. No, sir, I did not.

Q. Did you tell him chet he could be sent to the electric

chair?

565-219—74——3 F

53 kK. Mo de

A. No, sir. “

Q. Did you tell him anything concerning the definition or

explain the charge of murder, manslaughter or involuntary

manslaughter prior to the time that he made the statement to

you?

A. No, sir. Before he made the statement I told him that I

was sure he would be charged with murder. —

Q. You didn’t tell him what the penalty for murder was,

did you?

Q. Now, Attorney Crilly, I show you what has been

marked People’s Exhibit No. 2 and has been identified by, you

as the statement taken from’Richard Brown in the Maxwell

Street Station on May 13, is that right? Or 14th?

A. Yaar

Q. May 14th?

A. Yes. ' ame

Q. You said that you examined this document, read it over,

before you came to the Courtroom today, is that right?

, A. Yes, sir. ;

Q. When you informed Mr. Brown the court reporter was

writing down on the statement you were making, informing

Mr. Brown about these rights, is that right?

A. Yes. '

Q: This court reporter was writing down the answers that

Mr. Brown gave relative to the questions that you put to him,

is that right?

A. Yes.. .

Q. I show you People’s Exhibit No. 2 and ask you to look at

it carefully. I ask you dic! Mr. Brown say in’ People’s Exhibit

No. 2 that I do not want a lawyer? ;

54. Mr. Pomero. Objection. It speaks for itself. ,

The Court. Let him answer.

The Witness. A. No. He does not say that.

Mr. Howarp. Q. Does Mr. Brown say—did Mr. Brown say

whether or not he had any money to hire a lawyer?

A. No, sir, he did not.

Q. Did you ask him whether or not he had any money to hire

a lawyer?

Mr. Cusick. Objection. .

23: Lae ea aS BRS ira

gi ae aS BQ i=

The Court. Sustained.

Mr. Cusick. He wouldn’t be required to ask him.

Mr. Howarp. Pardon?

Mr. Cusick The objection is sustained.

The Court. Sustain the objection.

Mr. Howarp. Q. When you arrived at the Maxwell Street

Station, Attorney Crilly, did you take Mr. Brown before any

Judge or magistrate?

The Wirngss. A. No, sir.

Q. Did Mr. Brown have a lawyer when you arrived at the

Maxwell Street Station?

A. No, he did not.

Q. Was an attorney brought to the Maxwell Street Station

on Mr. Brown’s behalf at any time while you were there?

55 A. No.

Q. You were representing the People of the State of

Illinois, weren’t you?

A. Yes, sir.

Mr. Cusick. Objection to this, your Honor.

The Court. Sustain the objection.

Mr. Howakrp. No further questions.

Mr. Cusick. Nothing further.

(Witness excused )

The Court. I think we will break here for lunch. 1:00 o’clock.

(Thereupon said cause was recessed until 1:00 o’clock of the

same day, December 11, 1968.)

56 State of Illinois, County of Cook

In the Circuit Court of Cook County

County Department-Criminal Division

Ind. No. 68-2275

THE PEOPLE OF THE STATE OF ILLINOIS

RicHArRD BROWN (IMPLEADED)

Charge: Murder

Before Hon. L. Sheldon Brown

December 11, 1968 at 1:45 o’clock P.M.

Court CoNVENED PurRSUANT TO RECESS

Present: Hon. Edward V. Hanrahan, State’s Attorney of

Cook County, by Mr. Thomas Cusick, Assistant State’s Attor-

ney, on behalf of the Respondent; Mr. George Howard on

behalf of the Petitioner.

The Bautrr. Want the prisoner out?

The Court. Bring him out.

Mr. Howarp. Sorry, Judge.

The Court. Get your business done?

Mr. Howarp. No, sir. I am sorry I’m late, though.

Mr. Cusick. The State at this time will call Detective Wil-

liam Nolan to the stand.

57 WiLu1AM No.aNn, called as a witness on behalf of the

Respondent, having been duly sworn, was examined

and testified as follows:

Direct examination by Mr. Cusick:

Q. State your name and area of assignment.

A. Detective William Nolan, Area 4 Homicide.

Mr. Cusick. Any witnesses in the Courtroom?

Mr. Howarp. No.

Mr. Cusick. Q. Calling your attention to the 13th of May,

1968, did you have occasion to make the arrest of one Richard

Brown?

A. Yes, sir, I did.

Q. Approximately what time of the day did that arrest

occur?

A. Approximately sometime between 7:30 and 8:00 o’clock

P.M., I believe.

Q. Where was the defendant arrested?

A. At his home on 3800 block on West End Avenue.

Q. Who else was present when the arrest was made besides

yourself and the defendant?

A. Detective William Lenz.

Q. Was the defendant transported somewhere?

A. Yes, sir, he was.

58 Q. Where was that?

A. Into Area 4 headquarters, 943 West Maxwell.

Q. Once inside the building was he brought to any particular

location in the building?

A. Yes, sir, we have three interrogation rooms at the west

end of the building. He was placed in the center of these three

rooms.

Q. What was his physical condition at that time if you recall?

A. Very good.

Q. Did you notice anything abnormal about him?

A. No, sir.

Q. Do you see the man you arrested on that occasion, do

you see him in the Courtroom today?

A. Yes, sir.

Q. Point him out.

Q. He is'sitting right over there in front of the bailiff.

Mr. Cusick. Indicating for the record the defendant Brown.

Q. Did you have a conversation with him in the station?

A. Yes, sir.

Q. Where did the conversation take place?

A. In the interrogation room.

59 Q. Who else was present besides you and the de-

fendant?

A. Detective Lenz.

Q. What did you say to him and what did he say to you?

A. We iold him that he was brought in for the investigation

of the fatal shooting of Roger Corpus.

Mr. Howarp. Objection.

The Court. What is the objection?

Mr. Howarp. Time, your Honor.

The Court. Time?

Mr. Howanrp. Yes, sir.

The Court. What is the tini>?

Mr. Cusick. Q. What time did this conversation commence?

The Wirness. A. When we first brought him in the station?

I would say probably some time around 7:30 in the evening.

The Court. Who was present?

The Wrrness. A. Detective Lenz and myself.

Mr. Cusick. Q. What time did the conversation with the

defendant commence inside the interrogation room?

A. Within a few minutes after we got in the room.

Q. Do you know what time you got in the room?

60 A. Not exactly, I don’t recall:

Q. It was some time after the arrest, though, at 7 45

or 8:00 o’clock, is that right?

A. Yes, sir.

Q. What was the—what did you say to the defendant and

what did he say to you?” ——

A. Well, I don’t recall if I asked him or if Detective Lenz

asked him if he know why he was there and as the—why we

had him brought in, and about the incident in a pool room

several weeks prior to this. And at this time he stated that,

“Well, you know about that.”

Q. Prior to saying this to him, did you issue any Constitu-

tional warnings?

Mr. Howarp. Objection.

The Court. Sustained.

Mr. Cusick. Q. In addition to the conversation regarding the

pool room, what else, if anything, was said at that time?

A. Well, as soon as we got in the room, Detective Lenz

warned him of his Constitutional rights.

Q. Detective Lenz warned him or you warned him?

A. I believe it was Detective Lenz, I am not sure.

Q. Did this take place before the conversation regarding

the pool room or did it take place—did the warnings

- 61 take place after the conversation regarding the pool

room?

A. Before any conversation.

Q. Was the door closed?

A. No, I don’t believe so.

Q. How large a room is this?

A. I would say roughly maybe ten by fifteen or something

like that.

Q. Now, what speiifically did you say, did you or Detective

Lenz say to him in regard to his Constitutional right?

A. Told him that he had a right to remain silent, that any-

thing he told us or any written or oral statement he gave would

be used against him in Court at a later date. Also told him that

he had the right to have an attorney, and that if he couldn’t

afford an attorney one would be provided for him, and he could

have the attorney present during any questioning or any state-

ments. Then he was asked if he understood all of this, and he

said, yes, he did. And——

Q. Did any additional conversation take place?

A. Then we had additional conversation after this.

Q. What was that? :

A. I told him about the shooting in the pool

62 room approximately a week or two prior to the death of

Roger Corpus and he said, “Oh, you know about that.”

Q. Then did—was it at that point were additional questions

asked? .

A. Yes, he said that he felt he wanted to tell the whole truth.

Q. Was any type of recording instrument present in the

room? .

A. No, sir, not at this time.

Q. Was there a typewriter in the room?

A. Yes, there was a typewriter.

Q. When was that brought in?

I believe the typewriter was in—these rooms they usually

carry typewriters. If there isn’t one in there we just get one

from outside and bring it in.

Q. Was any typing done at this point?

A. Yes, sir.

Q. Who asked the questions, if you recall? "

A. I asked the questions. e

Q. I show you what has been previously marked as Respond-

ent’s Exhibit No. 1 for identification, and ask you to take a

look at that document and see if you can tell us if you can recall

anything about it?

A. This is the statement that Detective Lenz and myself

took from——

63 Q. Who asked the questions that are in that particular

document?

A. I did.

Q. Who typed up the document?

A. Detective Lenz.

Q. And who was present while this was going on?

A. Mr. Richard Brown, Detective Lenz and myself.

Q. Is it a true and a—does that, those two sheets of paper

truly and accurately portray the questions and answers that

were given on that day?

A. Yes, sir. 5

Q. This took place once again, where?

A. In the Area 4 headquarters, second floor, middle interro-

gation room. I believe it is marked Room 206 on the door.

Q. Is there a signature marked on the bottom of both sheets?

A. Yes, sir.

Q. Whose signature is that?

A. Richard Brown.

Q. Did you see the defendant affix his signature?

A. Yes, sir, I did.

Q. Did he do so in your presence?

A. Yes, sir.

Q. Now, prior to the warnings or even after the Con-

64 — stitutional warnings that you testified to was the defend-

ant threatened in any way by anyone in your presence?

A. No, sir.

Q. Was he promised leniency in any way in your presence?

A. No, sir.

Q. Was the defendant allowed to smoke or have liquids,

water or anything. ;

Mr. Howarp. Your Honor, I object to the leading form of

the questions by the State’s Attorney.

The Court. You are leading the witness.

Mr. Cusick. Q. What was the defendant—were any privi-

leges extended—strike that.

Were any personal privileges extended to the defendant at

any time?

Mr. Howarp. I object to that form of the question, if the

Court please.

The Court. Sustained.

Mr. Cusick. Now, approximately how long did this state-

ment take?

The Wirness. A. The statement that we took was I would

say approximately half an hour.

Q. Upon completion of it what happened next?

A. Mr. Brown stated that he would try and assist us

65 in apprehending Mr. Claggett, and at this time we left

the area and we went to the vicinity of Madison and

Homan, Madison and St. Louis.

Q. When you say we, who do you mean?

A. Detective Lenz, myself and Mr. Brown.

Q. On your initial attempt to go to Homan and Madison

were you successful in locating anyone?

A. No, sir. Mr. Brown told us that this was the area that

Mr. Claggett frequents, and we looked for him for quite a

while, and we didn’t know what he looked like so we decided to

leave the area and we went down to the Bureau of Identifica-

tion at 11th and State, see if we could obtain a picture of

Mr. Claggett.

Q. Were you successful?

A. No, sir, we were not.

Q. Did you again leave 11th and State?

A. We left 11th and State and we were going back to the

area. We decided to go back out west and try one more time

to see if we could see Mr. Claggett. We went around the area

a few times, and as we went south on St. Louis as we were

approaching Monroe Street, several people were crossing the

street in front of our car. Mr. Brown was in the back seat,

shouted, “There is Mr. Claggert, now. Grab him.” And

66 Detective Lenz and I got out of the car and we appre-

hended Mr. Claggett, placed him under arrest and trans-

ported both Mr. Claggett and Mr. Brown back into Area 4

headquarters.

Q. Approximately what time did you arrive back at Area 4

headquarters with the now two people arrested?

A. This would have to be sometime after midnight. Some-

time between midnight and 12:30 A.M.

_ Q. Where was the defendant brought when you returned to

the station at this time?

A. We brought Mr. Brown back into the same interrogation

room. We placed Mr. Claggett in another interrogation room.

Q. At this stage of the proceedings, did you have an oppor-

tunity to observe the physical condition and demeanor of the

Defendant Richard Brown?

A. Yes, sir, I did.

Q. Will you describe his appearance and condition then?

A. He was well groomed at the time. Was no physical marks

or anything on him. There was no visible signs of any type of

injury.

Q. Was he talking coherently?

A. Yes, sir. .

Q. Do you recall what, if anything, happened at ap-

67 proximately 2:00 o’clock in the morning?

A. I believe around that time the State’s Attorney

arrived in the area.

Q. Do you recall his name?

A. Mr. Crilly.

~~) Q. Between the time you got to the station until.the time

py on State’s Attorney Crilly arrived, who was in the de-

fendant’s presence? ,

A. Mr. Brown?

Q. Yes.

A. Either be Detective Lenz or myself.

Q. I see. And during this period of time was any promises

of leniency made in this direction toward him?

A. No, sir.

- Q. Was he physically abused or harassed in any way, if you

know?

A. No, sir.

Q. Now what happened at 2:00 o’clock when Mr. Crilly

arrived?

A. Mr. Crilly arrived and we explained the facts of the in-

vestigation up to this point, and then he went in and he talked

to Mr. Brown for approximately 20 minutes, maybe a half hour.

Took an oral statement, I believe, then sat down——

68 Mr. Howarp. Objection.

The Court. Sustained.

Mr. Cusick. Q. You weren’t in the room when Mr. Gri'ly

was talking to him?

A. No, sir, I wasn’t.

Q. Did Mr. Crilly come out of the room?

A. Yes, sir.

Q. And what happened next?

A. Mr. Crilly said that he was going to take a written state-

ment from Mr. Brown, and myself; Mr. Crilly and the court

reporter entered the room and the four of us sat down and

Mr. Brown gave a written statement.

Q. This took place in what room now?

A. I believe the same room, Room 206. ‘

Q. Were you present when any Constitutional warnings w

—

administered to the defendant prior to this recorded statement

by the court reporter?

A. Yes, sir, I was.

Q. Were those warnings in substance the same warnings you

testified to a few minutes earlier?

A. Yes, sir.

Q. What was the defendant’s reply to these new set of warn-

ings by Assistant State’s Attorney Crilly?

A. He stated that he understood them.

69 Q. I show you what has been previously marked as

Respondent’s Exhibit No. 2 for identification and ask

you if you had a chance to peruse that at all today at any time?

A. No, sir, I have not.

Q. You are looking at it for the first time today, is that right?

- A. Yes, sir.

Q. Just looking at Page No. 1, do you recall any-——

Mr. Howarp. I object to this officer looking at it unless he

can identify the document as being his or having prepared it,

or having something to do with it previously.

Mr. Cusick. Q. Officer, were you present when that state-

ment was taken?

The Witngss. A. Yes, sir, I was.

Q. Is there a date indicated on the front page of that state-

ment?

A. Yes, sir.

Q. What date is that?

A. Tuesday, May 14th, 1968.

Q. Are the parties who were present during that statement

indicated on Page 1?

A. Yes, sir.

Q. Who were those parties?

70 A. Richard Brown, John Crilly, Assistant State’s At-

torney, myself, and reported by Emmett Smith, court

reporter.

Q. You do not have an independent recollection of each and

every question and answer in this document, is that correct? —

A. No, sir.

Mr. Cusick. Nothing further.

Cross examination by Mr. Howarp:

Q. Officer, where was Mr. Brown when you placed him under

arrest? ;

A. Where was he?

Q. Yes. _

A. He was on the rear porch of an apartment at 3817 West

End, I believe is the correct address.

Q. Did your investigation reveal that this was Mr. Brown’s

private residence?

A. Yes. We were told that was his residence.

Q. You and Detective Lenz was in Mr. Brown’s residence

waiting for him when he came home?

A. Yes, sir.

Q. You had been inside Mr. Brown’s apartment?

A. Yes, sir.

Q. The fact of the matter is Detective Lenz was in-

71 side the apartment when Mr. Brown arrived, is that

right?

A. Yes, sir.

Q. What was the first thing that took place between Detec-

tive Lenz, Mr. Brown and yourself when Mr. Brown came

home?

A. We were in the apartment. There is a window and a door.

Mr.—Detective Lenz was seated in front of the window watch-

ing the rear. I was sitting at the front door as if he would come

up the front stairwell. After we were there for a while, Detective

Lenz told me that somebody was coming up the back stairs. I

walked out the front door through the hall and around the

corner and I stayed there behind a door leading on to the

back porch. At this time I heard Detective Lenz say, “Don’t

move, you are under arrest.” I looked out. I saw Mr. Brown

backing away from the window. I ‘walked up behind him, I

told him he is under arrest, come back inside the apartment

with us.

Q. Did he come back inside? .

A. Yes, sir.

Q. After you got inside of the apartment, what was the first

thing that was said to Mr. Brown?

A. I asked him, “What is your name?” —

72 '~~~—Q. What did he say, if anything?

A. He gave usa different name. I don’t recall what it is

offhand.

Q. He did not say his name was Richard Brown?

A. No, sir. He did not.

Q. After he gave that different name, what was the next

thing that was said by either you or Mr. Brown?

A. I don’t recall exactly what the exact words were, but I

do know that I had a picture of Mr. Brown, and I was looking

at Mr. Brown and the picture and I asked him if this was you.

And he didn’t say anything.

Q. After that, what was said or done?

A. We told him that he was under arrest for the investigation

of a homicide, he was coming into Area 4 to check to find out

for sure if he v as, in fact, Richard Brown.

Q. Were those your words, “You are under arrest for in-

vestigation of a homicide,”?

A. Or words +o that effect.

Q. Did you mention the name of the deceased? .

A. I don’t recall if I did or not, sir.

Q. Did you hear Detective Lenz mention the name of the

deceased ?

73 Mr. Cusick. I am going to object at this time as being

irrelevant.

The Court. Let him answer if he knows.

The Wirngss. A. I don’t recall. I know we were working on

the Corpus homicide. I don’t know if the name was mentioned

or not.

Mr. Howarp. Q. After you showed Mr. Brown his photo-

graph, he didn’t say anything, did you or Detective Lenz say

anything else to Mr. Brown while he was in the apartment?

A. I don’t recall.

Q. As you left the apartment, what did you—when you first

left the apartment where did you go?

A. We went down the front stairs and we went through a—

this is West End Avenue, our car was parked out on Washing-

ton Boulevard which is about a half block south. We walked

through a lot on to Washington Boulevard and got into the

squad car.

Q. What part of the car did Brown get in?

A. Rear seat.

Q. Anyone get in the rear seat with him?

A. No, sir.

Q. Was he handcuffed?

A. I don’t believe so.

Q. Did any conversation take place between you and

74 Mr. Brown as you walked from the apartment to the

automobile?

A. No.

Q. Nobody said a word?

A. I don’t think so, no. ;

Q. As you rode in the automobile down to the station, did

anybody say anything?

A. I believe I asked him if his name was Richard Brown, and

I believe I also asked him if he owned an automobile.

Q. What did he say when you asked him if his name was

Richard Brown?

A. At first he said nothing, and then as we were getting to

the station I told him that we would fingerprint him and that

we would find out one way or another if he was, in fact, Richard

Brown, and then he-said, “Well, you know I am Richard

Brown.” ; ;

Q. That was as you were riding down to the station?

A. Yes, sir.

Q. Can you think of anything, else that was said between

you, Richard Brown and Officer Lenz as you were in the apart-

ment and as you rode down to the station?

A. Well, I know that he was telling us about his radio in

there, and how he knew—how he felt that

75 someone might be in the apartment.

Q. Anything else you can recall?

A. No, sir, I don’t think so.

Q. After you arrived in the station, what was the first thing

that was done?

A. We escorted him into the interrogation room at the west

end of the station.

Q. What floor was this?

A. On the second floor.

Q. As you entered the station, did you say anything to any-

body?

A. To anybody?

Q. Yes.

A. I don’t believe so, no.

Q. Did you—when you went up to the second floor, did you

speak to anybody as you took Mr. Brown up to the second

floor?

A. No, sir.

Q. Did you speak to the sergeant up there?

A. No, sir, not at this time. —

Q. All right. Now, you took Mr. Brown into an interroga-

{

—_ As

tion room. What happened after you got into the interrogation |

room? ,

A, Sat him down in a chair, walked into our command

76 office which is about ten, twenty feet away from the

interrogation room, told the sergeant on duty who was

there that night that we had Richard Brown in custody, got

the file, homicide file that we keep in our file drawers, and

_ we walked back into the room with the file.

Q. What happened after that?

A. We sat down. We told him, gave him his Constitutional

rights to remain silent—— °

Q. No, no. Tell me what was said and what was dient

A. I walked into the room, sat down. There is a table in the

room. Mr. Brown was on one side of the table, Detective Lenz

and I were on the other side of the table. We opened the file,

‘put the file down on top of the table. Detective Lenz said,

“Before we start anything, I want to tell'you of your Constitu-

tional rights to remain silent.” He listened all four points.

Q. Tell me exactly what Officer Lenz said and what he did.:

He sat down, opened up the file, then he said, “I want to warn

you about your Constitutional rights, r "something to that effect,

is that right?

A. That’s right.

Q. Then Officer Lenz continued to talk, is that right?

A. As far as I know, yes, sir.

77 Q. What was the first thing that Officer Lenz said

that you can remember?

A. “You have aright to remain silent.”

Q. What was—-when he said that, you have a right to remain

silent, what did anybody else say, if anything, after that?

A. Nothing.

Q. What was the next thing that Officer Lenz said?

A. “You have aright toan attorney.” |

Q. What did Officer Lenz say or anybody else say in the.

room after he said you have aright to an attorney?

A. “That anything you say or write can be used against you

at a later time in Court.”

Q. What emaee wast else did Officer Lenz say or Detective

Lenz?

A. “You beaut you can’t afford an attorney, an attorney

would be appointed for you. And an attorney can be present

during any questioning during the statement.”’ And then when

‘

he was through he asked him if he understood everything that

he had said. He stated that he did. :

Q. After he said, “I understa d everything you said——”

- Q, Pardon me? '

78 Q. After Mr. Brown said, “I understand everything.

) that you said” speaking to Officer Lenz~—

A. Yes. %

Q. What was the next thing that Officer Lenz or Mr. Brown

. Or you said? ,

A. We asked him if he would like to tell us about what hap-

pened, about this fatal shooting of Mr, Corpus.

Q. What did Mr. Brown say, if anything?

A. We told him that we. knew of the incident in the pool

room where a bullet was—gun was fired by Mr. Brown.

Q. What exact words did you use when you talked to Mr.

Brown about firing a gun in the pool room?

A. “We talked to people that know you and were in the

pool room when you fired a revolver into the ceiling of the pool

room. The bullet was extracted from the ceiling of the pool

room and also the bullets that were fired into the body of

Roger Corpus were removed and! they were presently in our

crime lab being compared to see if they came from the same

gun 8,

Q. What else did you or Officer Lenz say at that time?

A. He after we said that; Mr. Brown said, “Well, you know

about the incident in the pool room.” ‘vhen he went on

79 and he said, “I want to tell you the truth.” He said, “I

want to get it off my chest. The best thing to do is to tell

thetruth.” ~

Q. Officer, did you or Officer Lenz or anybody else in the

station in your presence tell’ Richard Brown what the punish-

ment was if he was convicted of murder?

Mr. Cusick. I will object to this form of this question.

The, Courr. Sustain ‘the objection.

Mr. Howarp. Pardon me, your Honor?

The Courr. Sustain the objection.

Mr. Howaprp. Judge, we are trying to find out whether this

man made an intelligent waiver of certain rights that he had,

and I don’t know how we can find it out unless we go into

conversation that took place.

The Court. This conversation about advising him what the

i ya Se eid yy ee Var’ ate A Ss ae SEA Nee ah a i

NPR Aa ODE ae ino Ana Ga RAR Me ee use BRA nel RRR

sentence is for murder, and so forth, doesn’t accomplish that.

You have any other reason for it?

Mr. Howarp. Judge, I don’t know if I can put it in a nut

shell, but as his lawyer, I am trying to find out because I wasn’t

theve as to what this man understood about what the officer

was telling him before he made the statement. And we can’t

really know what he understood, how well—what the circum-

stances were unless we know how intelligent he

80 was at the time the officer warned him.

The Court. I think you have asked this officer what

he said. Now, what you are doing is negativing whether he

told him what the sentences were. A police officer is not a Judge

or a lawyer.

Mr. Howarp. Judge, we are trying to get to, this is what I

am trying to get to.

The Court. Don't have to get to it. I know that. Yeu don’t

have to get to it.

Mr. Howarp. Is the Court now preventing me from asking

the officer those questions?

The Court. I sustained the object to the question.

Mr. Howarp. Q. Did you, officer, take Mr. Brown before

any magistrate or Judge after you arrested him on May 13th,

some time after 7:00 P.M.?

The Wirness. A. No. He appeared in Court the following

morning.

Q. But prior to the time he made any statement to you con-

cerning this death, you didn’t take him before any Judge or

magistrate, did you?

A. No. ,

Q. After he had initially made a statement to you and Of-

ficer Lenz and after he had signed that statement, you

81 did call the State’s Attorney, didn’t you, an Assistant

State’s Attorney?

A. Yes, sir.

Q. Di’ you tell State’s Attorney Crilly when he arrived at

the station that Mr. Brown had made a statement to you and

had signed it?

A. Yes, sir?

Q. Officer, I show you what has been identified as People’s

Exhibit No. 1, and I believe that you have looked at it and

stated that you recognize that document, is that right?

A. Yes, sir.

565-219-744

Q. I believe you said that that is the statement including

the questions and answers that were put to Mr. Brown on

May 13th, 1968, is that right? ‘

A. Yes, sir.

Q. This was signed by Mr. Brown?

A. Yes, sir.

Q. I ask you to look at that document carefully, Officer.

Does Mr. Brown state in that document anywhere that “I

don’t want a lawyer”? *

Mr. Cusick. Once again enter an objection, and I will stipu-

late we don’t maintain that particular document has the rights

enumerated in it. But the warnings were given orally before.

Mr. Howanrp. Again, if the Court please the State’s

“82 Attorney has had the document identified as being the

Statement that they hoped to introduce in evidence

against this defendant during the course of a trial.

The Court. Let him answer. I think it was sufficiently shown

by the previous witness.

Mr. Howanrp. I want to be careful——§

The Courr. It is redundant.

Mr. Howanrp. Very well, but I want to be sure the record

is clear as to each one of the witnesses who take the stand.

The Wirness. A. He was advised that he could have an

attorney.

Mr. Howarp. Q. No. That is not what I asked you. I say

does that document state, does it say in that document that

Mr. Brown said, “I don’t want a lawyer”?

A. Those words are not here, no, sir.

Q. May I see the document again? Does that document say

that you or Officer Lenz told Mr. Brown that anything he said

could be later used against him in a Court of law or any other

place?

A. Yes, sir, it is implied in there.’

Q. Where does it say that?

A. “Question. You have been advised of your Constitional

rights relative to not having to say anything and the fact

83 that you can have an attorney present at this time, is

that correct?”

Q. That is not what I asked you. I asked you if that docu-

ment stated that you or Officer Lenz told Mr. Brown that if—

that any statement he made could be used against him? I am

‘asking you if that statement is in that document?

A. The words that you are using, counselor are not in this

statement.

Q. That is what I asked you. In that statement that you

have there signed by Mr. Brown the questions that were put to

Mr. Brown and answered by him, does that document state

that “If you don’t have funds to hire a lawyer, the State will

furnish one for you here and now”? :

A. No, sir, those words are not here.

Mr. Howarp. No further questions.

The Court, I have a question I want to ask you. Do you

know when the defendant here was booked?

The Witness. A. When he was booked?

The Court. Yes.

The Witness. The exact time?

The Court. Yes.

The Wirness. A. That would be on his arrival at the central

detention. It would be on the arrest record. I don’t have it

personally, your Honor.

84 The Court. Can you tell us at what stage of this inter-

rogation and his custody that he was hooked? What

stage did it occur? Was this before or after this document that

you saw here, what is that People’s Exhibit?

Mr. Custcx. Respondent’s Exhibit No. 1.

The Courr. No. 1. Was it after that?

The Wirness. A. He was placed under arrest before this

statement.

The Court. That isn’t what I asked. I asked you when he

was booked.

The Witness. A. He was booked after this statement was

taken.

The Court. All right. Do you know whether, he was booked

before or after the State’s Attorney took a statement?

The Witness. A. It would be after.

The Court. After?

The Wirnsss. A. Yes, sir.

The Court. It would be some time during the morning of

the following day when you took him into custody, is that

right?

The Wirngss. A. That is correct. .

Mr. Cusick. One question, Officer. The booking ——

The Court. In other words—just a moment, there

85 was no formal charge placed against him until he was

booked, is that right?

The Wrrnass. A. I believe that is the system, yes, sir.

Redirect examination By Mr. Cusick:

Q. Officer, he wasn’t booked until he was brought to 11th

and State?

A. That is correct.

Q. This would have been after any statement taken by

Assistant State’s Attorney John Crilly?

A. That is correct.

Mr. Cusick. Nothing further.

Recross examination by Mr. Howarp:

Q. Officer, while Mr. Brown was in the Maxwell Street Sta-

tion prior to the time that he inade this statement, was a lawyer

brought to the Maxwell Street Station to defend him?

No, sir.

Q. Was a lawyer brought there after the first statement was

made?

A. No, sir.

Q. Who called the Assistant State’s Attorney?

A. I believe I did.

86 Q. Was any attorney. there for Mr. Brown when the

Assistant State’s Attorney spoke with him?

A. No, sir.

Mr. Howarp. No further questions,

Mr. Cusick. No further questions.

The Courr. You may step down.

(Witness excused. )

Mr. Cusick. The State at this time would offer in evidence

Respondent’s Exhibits No. 1 and No. 2 into evidence as Re-

spondent’s Exhibits No. 1 and No. 2. We would ask in the

case of Respondent’s Exhibit No. 2 that the defense counsel

transcribed the substance of the conversation at the time it

occurred. ;

Mr. Howarp. I will stipulate he would say that.

The Court. Any objection?

Mr. Howarp. Yes, I would object to the documents being

received in evidence, becausé this is the very subject matter

of the whole petition. Until after the Court has heard all of

the evidence concerning these documents.

The Courr. I think you are quite right.

Mr. Cusick. I will withdraw my offer at this time

87-100 and reserve it for a later time.

The Court. All right.

Mr. Cusick. With that, the State would rest.

3 The Court. Okay.

| Mr. Howarp. Your Honor, I move at this time that the

petition to suppress filed on- behalf of the defendant be sus-

tained. The basis of—or the grounds in support of my motion,

if the Court please, I believe that the State has shown by its

efforts to show that the statement was free and voluntary, I

believe they have.shown the Court that it was not a free and

voluntary act.

(Thereupon arguments on motion to suppress were

had.)

101 The Court. Motion overruled.

Mr. Howarp. Take the stand.

RicHarp Brown, called as a witness on behalf of the Peti-

tioner, having been duly sworn, was examined and testified as

follows:

Direct examination by Mr. Howarp:

Q. State your name, please.

102 A. Richard Brown.

Q. Where do you live?

A. 3847 West End.

Q. How old are you?

A. Twenty-two.

Q. Calling your attention to May 13, 1968, were you placed

under arrest? .. --' \

A. Well, yes.

Q. Where were you when you were arrested?

A. I was at Area 4 Homicide when I was arrested.

Q. Did you have occasion to come in contact with some

police officers on May 13, 1968, before you went to a police

station?

. Yes, I did.

. Where was that contact made?

This was at my house at 3847 West End.

What time of the day or night was it?

This was at 7:30 P.M.

Where were you when you first saw the police officers?

. I was standing on the back porch looking into my house.

. What was the first thing you saw?

Operororsé

A. I saw Officer Lenz pointing a snubnose .38 at my head

and told me to hold it.

103 Q. What happened after that?

A. After that Officer Nolan ran out and he had his gun

in his hand. He said, “Come on in.” I walked inside and when

I got inside then they asked me who I was and I didn’t tell

them my name.

Q . Don’t tell me what you didn’t do. Tell me what the

Officers said to you and what you said to them.

A. Well, he said, “Come on in inside.” When I got inside he

asked me who I was:

Q. You say he, who are you referring to?

A. Officer Lenz.

Q. All right.

A. He said, “You are Richard Brown, aren’t you?” I said,

“No.”

Q. What did he say and what did you say after that?

A. He said, “Check his ID,” and Officer Nolan went in my

back pocket and came out with a wallet, and he said, “What were

you doing here if you are not Richard Brown?” And I said,

“I am looking for Richard Brown.” He said, “You lying.” He

said, “You live here. Your landlady told us you live here.” |

said, “Well, no, I am not Richard Brown.” So he found a few

tickets I had laying in the house. He said, “Come on.”

104 They taken me down the back stairs, through the alley

to the car, put me in the car. He pulled up a picture

and say, “We have been looking for you.” He said, “We caught

you sooner or later.”

Q. Did the officer haye a warrant for you?

A. No, he did not.

Q. Show you one?

A. No.

Q. Did he have a search warrant to search your apartment?

A. No, he did not.

Q. Did any conversation take place as you rode from the

apartment down to the police station?

A. Yes, it did. Officer Lenz said that I was on five'years pro-

bation. I told him he had the wrong Richard Brown. Officer No-

lan said that, I had some traffic tickets on me, he said that I had

& ’66 Oldsmobile. I told him my friend had one, I didn’t. So

they drove me to Area 4 Homicide, taken me upstairs, and Of-

ficer Lenz taken me, there is a little booth like. It asa sergeant

sitting in there at a desk and there was another officer sitting

on this side of the desk, and I was standing there with my

hands behind my back, I was handcuffed, and he told the

105 sergeant, he said, “We picked him up.” And taken me in

a little room.

Q. Just a minute. When was the handcuff first placed on you?

A. The handcuffs were placed on me at the house. Officer

Nolan placed the cuffs on me because Officer Lenz had the

pistol pointing at my—I was facing him and he had the pistol

leveled at my stomach.

Q. After you arrived at the station what did you say hap-

pened?

ae After I arrived at the station they taken me to the second

floor into a little booth like, like I am in now, but only there

was two desks in there and two police officers. Officer Lenz said,

“Sarge we have got him. We picked him up.” So he said—the

sergeant didn’t say anything. He walked over and looked, he

said, “Take him in the room in there.” And Officer Lenz taken

me in the room. He sit me down. Then Officer Nolan came in

behind me because Officer Nolan didn’t come all the way to

the sergeant’s office where Officer Lenz and I was at.

Q. After you had been taken into the room what was

106 _— the first thing said or done after you got into the room?

A. The first thing was said to me when I came into the

room was that they found out I had shot a gun in a pool room,

and that the gun I fired in the pool room those bullets matched

up with the bullets in the dead man. I told them that I didn’t

know anything about it. Then he said, “Well, we have eye-

witnesses to you shooting the gun in the pool room.” He said,

“Plus we found your fingerprints in the dead man’s apart-

ment.” I said, “What dead man?” He said “Roger Corpus.

You know him, don’t you?” I said, “Yes, Roger is a good friend

of mine.” Then he turns around and says that his brother gives

him my name along with a list of other names. This is how

they come by me. Then he said after his investigation turns up

the pool room incident, he said this is when he decided to come

pick me up. After he picks me up and takes me down to the

station and we go through this and then he tells me about I

got all the evidence pointing at me and if I wanted to get it off

my chest I should.

Q. What else was said after he said if you wanted to get it

off your chest you should?

A. After he said this, then this is when I started

107 to tell him, give him a statement. ‘

Q. Was anything else said to you before you started

giving a statement?

A. No. After I mentioned the defendant Jimmie Claggett’s

name Officer Nolan got up, went out to get some pictures. He

sister, as a matter of fact, I knew his family. I told him I wasn’t

the one that did it. So he said, “You got all the evidence on you,

you are going to‘have to do something.”

Q. What happened after that was said? -

A. Well, he told me about his experience in the police de-

partment, about some lady ——

Mr. Cusick. Objection.

Mr. Howanrp. Q. When you say he who are you re-

108 ferring to?

The Witness. A. I am referring to Officer Lenz. Be-

Q. Let me ask you this. When you left the Maxwell Street

Station to go to 11th Street to look at the pictures did some-

A. Well, then—before we left he told me I would have——

_ Q. When you say he who are you referring to?

A. I am referring to Officer Lenz. He told me that I would

have to help him catch Jimmie in order to clear

109 = myself.

Q. Is that what you were edoing?

A. Yes, I was, because I knew I didn’t have anything to do

with it.

Q. Before you made a statement to Detective Nolan and

Detective Lenz concerning your knowledge about this case

did you understand that you had a right to have a lawyer

present right then and there in the police station?

A. No. Officer Lenz told me that he would have me a law-

yer down there, he was going to call me one, but the lawyer he

called wasn’t for me.

Q. He said he was going to call you one?

A. Yes, he said he was going to get on the phone and call a

lawyer and when the lawyer came down he said he would

either, he would either turn me aloose then but I would have

to help him catch Jimmie.

Q. When you were around with Officer Lenz or Detective

Lenz and Detective Nolan looking for Jimmie did you think

at that time you were going to be charged and held for murder?

A. No.

Mr. Cusick. Objection.

The Witness. A. He told me——

110 The Court. Sustain what he thinks.

Mr. Howarp. Q. Did somebody tell you that? That -

you were going to be charged with murder?

The Witness. A. No, he told me——

Q. You say he, who are you talking about?

A. I am talking about Officer Lenz. He told me he wasn’t

going to mention the pool room. He told me that flat. He told

me, he says, “I am not going to mention that.”

Q. When were you first told that you were charged with

murder?

A. When the State’s Attorney came. This is when I found

out I was being charged with murder. But then on the way

out the station to the paddy wagon Officer Lenz told me that

I didn’t have to worry, I would be a State witness in this case

because Officer Nolan wrote it down on a piece of paper and

- slid it to the State’s Attorney while the court reporter was

there and he and Officer Nolan and the State’s Attorney.

Q. Before you made your statement to Officer Lenz, Detec-

tive Lenz and Detective Nolan, did you tell either one of those

officers that you did not want a lawyer?

Mr. Cusick. Objection. Leading.

111 The Court. What is the basis?

Mr. Cusick. Leading.

The Courr. Sustained. ;

Mr. Howarp. Q. On May 13, 1968, when you were arrested,

taken to the Maxwell Street Station; did you know what the

punishment was for the charge of murder?

Mr. Cusick. Objection.

The Court. Sustained.

Mr. Howarp. Q. Did you know what the punishment was

for manslaughter?

Mr. Cusick. Objection.

The Courr. Sustained.

Mr. Howarp. Q. Did you know what the punishment was

for involuntary manslaughter?

Mr. Cusick. Objection.

The Court. Sustained.

Mr. Howarp. Q. Can you remember or recall anything else

that was said between you and the officers at the Maxwell

Street Station prior to the time you made this statement? The

first statement?

Mr. Cusick. Objection, asked and answered.

The Court. Read the question.

(Question read.)

The Court. Let him answer.

112 The Witness. A. Well, I can recall when I got down

to the station Officer Lenz was telling me that I was

not going to be charged with the pool room. But he told me

that I would have to help him, he said, because the bullets he

found in the pool room were the same in the body. He said,

“All the arrows is pointing directly at you.” I told him then

that I didn’t kill anybody. Then he said, “Well, you going to

have to give me somebody who did.” And this is when I told

him about Jimmie Claggett, and this is when Officer Nolan

gets up and gets the picture. Now. when they read this little

card off to me this is after I started giving him the statement.

And he told me then he said, “Do you want a lawyer?” He

told me I wasn’t going to be charged, after all, I didn’t need a

lawyer. I didn’t know he didn’t mean that I wasn’t going to be

charged with this murder. He told me flat, he said, “You are

not going to be charged. All I want from you is a statement.”

“So when the State’s Attorney come,” he said, “We will see

what he has to say about it,” and he say, “We will probably

let you go then.” He said, “But we are going to call you as a

State witness if we catch this guy.” And then Officer

113 Nolan come back in ihe room and said, “I can’t find

the pictures.” And then this is when he taken me to

1lth and State.

Mr. Howarp. Q. Did you assist the officers in finding Jimmie

Claggett?

A. Yes, I did.

Q. Was Jiminie Claggett also charged with murder?

A. No.

Q. Did you ever appear in this building with Jimmie

Claggett?

A. Well, on the morning before 10:00 when I arrived here

the State’s Attorney came to me and he asked me to sign some

more papers. I told him I wasn’t going to sign any more papers

until I got a chance to talk to somebody that was on my side.

That is about as far as I can remember, back to the previous

‘days of May 13th and May 14th.

Q. You did not sign the second statement, set of questions in

the statement that was given to you by the State’s Attorney?

A. No. When I talked to the Public Defender he told me that

the——

Mr. Cusick. Objection.

Mr. Howarp. Q. Where were you?

The Witness. A. I was in Judge Daniel Ryan’s

114 © court.

Q. Who was there?

A. State’s Attorney Kelly and Public Defender Xenos. When

I was advised of my rights I was in front of State’s Attorney

Oplatka and Public Defender Xenos advised me of my rights

and at that time I decided what I had done down at the station

was help the officers convict me of a crime. 4

Mr. Cusick. Object what he decided.

The Court. Sustained.

Mr. Howarp. Q. When was the first time you were taken

before any judge or magistrate after you were taken into

custody at your home?

The Witness. A. May 14th.

Q. What time of the day or night was it when you first ap-

peared before any judge?

A. Well, approximate time I couldn’t tell you because it

was after court had started that morning. Estimate the time

about 10:00 o’clock. :

Q. The judge who you appeared before at that time did he

tell you that you havea right to havea lawyer?

Mr. Cusick. Objection.

The Courr. Sustained.

115 Mr. Howarp. No further questions.

Cross examination by Mr. Cusick:

Q. Mr. Brown, you remember telling State’s Attorney Crilly

that you had eight years of grammar school? Did you go to

eight years of grammar school?

A. Yes, I did.

Q. Have three years of high school?

A. No, I didn’t.

Q. I will show you what has been previously marked as

People’s Exhibit number 2 for identification, referring to page 3:

“Q. And what is your education?” You want to read the answer

there?

A. “A. I Rave eight years of completion of grammar school

and three years of completion of high school.”

Q. Well, is that a true statement or a false statement by you?

A. Well, you have some truth and some false mixed there

simply because I completed the eight years of grammar school

at Our Lady of Sorrows. I never went to high school.

Q. So the statement here “And three years comple-

116 tion of high school” is not true, is that correct?

A. No. ,

Q. You read and write the English language, is that correct?

A. Thisis true.

Q. From the time you arrived at the station until the time

you left to go to Madison and Homan with the detectives were

A. Thad my own cigarettes,

Q. Were you smoking them throughout the evening?

A. My cigarettes, yes.

Were you allowed to take a drink of water or were you

drinking any coffee?

A. No, I didn’t drink any coffee. I drank half a cup of water

and that is when the State’s Attorney came.

Q. At the time you were arrested you stated that Detective

Lenz made certain statements to you regarding finding someone

else?

. /

A. Yes, he did.

Q. And you gave a written statement at approximately 9:00

Z o’clock in the evening to Detective Lenz and Detective

Nolan?

117 A. At 9:00 o’clock? :

Q. Yes. It was before 9:00 because we reached the

station, it didn’t take us no more than fifteen minutes to get to

the station. !

. Who was present when that statement was taken?

. Officer Lenz and myself.

. Was one of the men typing?

Officer Lenz was typing.

Who was asking the questions?

Officer Lenz.

He was both typing and asking the questions?

. He didn’t ask any questions. Officer Lenz was typing and

he told me to tell him exactly what happened.

Q. He didn’t ask any questions?

A. He didn’t ask any questions.

Q. Prior to this time were you warned of your rights to hie

an attorney present?

A. Well, like I said earlier I mean he told me I wouldn’t

need one so I felt that he was telling me the truth.

Q. Did you at any time ever state to Detective Nolan

118 or Detective Lenz that you wanted to be a State’ 8 wit-

ness?

A. No. Officer Lenz stated that to me. As I was going’ to” say

earlier that he told me about some woman that he had put in

a hotel on the north side. She was a State witness against her

husband. I told him at that point if I turned State’s evidence

on somebody, I say, and I got away, I say, I am fixing to be

killed. And he told me that——

Mr. Cusick. I object to the last two- thirds of this answer,

not being responsive.

Mr. Howarp. He is trying to answer. |

Mr. Cusick. He is going into something else,

The Witness. A. You asked me——

Mr. Howarp. Wait a minute.

_ Mr. Cusick. Q. My question——

POPOPOPOPO

. |

| me

The Court. Read the question back. '

(Question read.) :

The Court. Sustain the objection. Strike out the unsolicited

portion.

Mr. Cusick. Q. Ask you again, did you ever tell Detective

Nolan or Detective Lenz that you wanted to be a State’s wit-

ness.after you gave your first statement?

The Wirness. A. No.

119 QQ. Did you ever know or ever meet Detective Lenz

or Detective Nolan prior to this date? ;

Mr. Howarp. Object to that. Immaterial to’ the issues,

The Courr. Let him answer.

The Wirness. A. Did I ever meet?

Mr. Cusick. Q. Ever meet them or know them from any-

where prior to your arrest on May 13th?

A, No.

Q. Can you think of any reason why they would——

Mr. Howarp. Objection.

Mr. Cusick. Withdraw the question. ge se

Q. You mentioned something was said about firing a shot in

& pool room, is that right?

A. Well, I said Officer Lenz said it.

Q. Did you fire the shotin the pool room?

Mr. Howarp. Objection.

Mr. Cusick. Judge, it was brought out.

The Court. What is the objection? '

Mr. Howakrp. The objection, Judge, is, not what he did, is

not material to this issue. The issue is what, the circumstances

under which he made a statement. He can talk about what

| conversation took place between he and the officers, but what

he did, what the officers accused him of certainly ¢an’

120 impose a burden upon a defendant to admit any type of

crime in a court of law. :

The Court. Sustain the objection.

Mr. Cusick. Q. Were you—what type of leniency were you

promised by the detectives?. aes

The Witness. A. Well——

Q. Said you would go free? Is that what they told you?

A. No, Officer Lenz told me that I would be a State witness

in this case. And he also told me that when I got up here that

it would be a deal made between the State’s Attorney and the

Public Defender. ;

Q. Did you know who the Public Defender was at that point?

Did you know what a public defender was?

A. Did I know what a public defender was?

Q. Right.

A. Well, I knew that he told me that they were going to

make a deal for me. This is all I was interested in.

Q. You knew what a State’s witness was then, didn’t you?

A. After he explained it to me, yes.

Q. In other words, State’s witness would testify

121 against another defendant. You knew that? You under-

stood that?

A. Yes. This is what he told me.

Q. You understood what a State’s witness was?

A. Yes.

' Q. Did you understand this before the statement or after the

statement?

A. Well, I understood this during the statement.

Q. I see. Did you understand at any time or did you know

the State—strike that.

Had you ever heard of a person giving State’s evidence prior

to this particular night?

A. No.

Q. Ever been in a courtroom prior to May 14th?

A. Of course I have.

Q. Ever been in a courtroom whereby you were charged with

an offense of some kind?

Mr. Howarp. Objection.

The Court. Sustained.

Mr. Cusick. Q. What were your duties at Schwinn bicycle?

The Witness. A. Well, at Schwinn Bicycle I was chief super-

visor there. I worked 540 to 516 polishers; I was head man

next to my Foreman on the third shift.

122 Q. Did you have any employees working for you?

A. Yes, I did.

Q. Approximately how many?

A. Three.

Q. What was the nature of your work over them?

A. The nature of my work was thirteen out of sixteen

machines.

Q. Did you receive any training to run these machines?

A. No, self-educated.

Q. Self-educated. What kind of machines were they?

A. These were welders, polishers, grinders, scoffers, buffers,

' stay welders, benders. .

Q. Does your work include any clerical or paper work?

A. No.

‘ Q. Did you ever work anywhere else such as a place called

Guffman in Niles, Illinois?

Mr. Howarp. Object to that.

The Witness. A. No——

Mr. Howarp. Just a minute.

The Covurr. Let him answer.

The Witness. A. I have been working at Arnold Schwinn Bi-

cycle Company since August 18, 1964.

Mr. Cusick. Q. Were you employed last May 13th

#123 at E. I. Guffman in Niles, Illinois?

The Witness. A. No. I have been employed at Arnold

Schwinn Bicycle since August 18, 1964

Q. I refer you to People’s Exhibit 3, refer you to page 3:

“Q. Where are youemployed?” >

“A. I am employed at E. I. Guffman at the present time.”

Were you asked that question and did you give that answer?

A. T can’t recall that because if I had been asked that I would

simply give my social security number, my badge number, clock

number.

Q. You also remember the question: “Where is E. I. Guff-

man?” And your answer: “They are located——”

Mr. Howarp. Your Honor, the subject matter of this motion

to suppress is the statement that the State’s Attorney is now

reading to, the defendant. Now. he is violating the very thing

trying to keep out of the eyes and ears of the Court.

. Your Honor, I am not going into the facts of

urT. Matter of impeachment is what it is.

124 Mr. Howarp. But you can’t do it, Judge, on a state-

o ment, you can’t impeach a witness by a statement that

he has not vouched for. He has not vouched for this statement.

The Court. Matter of weight.

Mr. Howarp. But, Judge——

The Court. Doesn't prevent it. It is a question of weight.

Mr. Howarp. If he can go into that part of the statement in

an attempt to impeach him why not go down to the other parts

has to do with the case in chief?

Mr. Custcx. I'am making no effort.

Mr. Howanrp. But if you ean go any place you can do it all.

The subject matter of my motion is to suppress the statement.

The Court. I wouldn’t say that is a correct statement of the

law, you can do it in part, you can do it all. You are—he wanted

to put the whole statement in, you objected.

Mr. Howarp. That’s right. And I object to him asking any

questions out of the statement.

The Court. I will let him answer.

Mr. Cusick. Q. At page 3 once again were you asked this

question by Assistant State’s Attorney Crilly: “Q. Where

125 is E. I. Guffman?” And your answer: “They are located

at 1251 North Street in Niles, Illinois.”

Recall being asked that question and giving that answer?

Mr. Howarp. Judge, again raise an objection.

The Court. Let him answer.

Mr. Howarp. Let the record show this, Judge, that the state-

ment—questions that are being put to the defendant at this

time is beyond the scope of the direct examination. There was

never anything said about his employment.

The Court. This is cross examination. This is a matter of

testing his memory, I presume.

Mr. Cusick. Q. Do you recall giving that answer? .

The Wirnsss. A. No.

Q. Do you recall being asked: “What do you do at that

plant?” And your answer : “Puneh press operator.”

A. At E. I. Guffman?

Q. Yes.

A. No.

‘Q. You did not—you never worked at E. I. Guffman?

A. I haven’t worked any place but Arnold Schwinn Bi-

cycle Company.

Q. One other point. Referring to Respondent’s Ex-

126 hibit 1 for identification is this your signature at the

bottom of both pages?

A. Yes.

Q. That is your signature. Were you physically beaten in

wee that evening? The evening of May 13th?

A. No.

Q. Were you threatened by anyone?

A. No.

Mr. Custcx. Nothing further.

565-219—74-—-5

Redirect examination by Mr. Howarp:

Q. Mr. Brown, the State’s Attorney asked you if Detective

Lenz or Detective Nolan—strike that. Asked if you stated to

Detective Lenz and Detective Nolan that you wanted to be a

State’s witness. Remember him asking you that?

A. Yes.

Q. You said that you did not say that?

A. No, I did not state it to him.

Q. Who was the first one mentioned something about a

State’s witness?

A. Officer Lenz.

Q. Specifically what did Officer Lenz say to you?

A. Officer Lenz told me that he would make me a

127 State’s witness in this case. He told me after I had testi-

fied against this guy that I would get a deal from the

State’s Attorney and the Public Defender.

Q. Was that before you made a statement, before you made

a first statement?

A. No, this was during the statement.

Q. During the statement?

A. This was during the typing of the statement.

Mr. Howarp. No further questions.

Recross examination by Mr. Cusick:

Q. Did you understand when Detective Lenz allegedly made

this statement to you regarding a deal, did you understand

what he meant by deal?

A. Well, he told me that——

Q. Well, no, just answer my question.

Did you understand what he meant by deal?

A. I am not sure. _

Q. Then did you understand or did you not?

Mr. Howarp. Objection.

The Wrrness. A. I am not sure.

Mr. Howarp. He has answered the question.

Mr. Cusick. Q. Well, then if you are not sure then

128 you didn’t understand anything else neither, did you?

The Wrrness. A. I understood, see but you asked me

& question that I can say yes or no to and I would be either

lying or telling you the truth, and I am trying to give you the

truth. You asked me did I know what he mean. I know what

eae

he said and you asked me did I know what he mean. I am trying

to tell you what he told me.

At the time you were arrested the policemen asked you

your name and you give them another name, is that right?

OPOPOPOrOpop>

. This is true.

. What was this name you gave?

. Eugene Yates.

. You knew they were police officers at that time?

. No, I didn’t.

Did they declare themselves to be police officers?

No. . -

. Did they show you a badge?

No.

. You were lying at that time, is that right?

. I was lying?

. You were lying to the men you—when you gave them

another name you were lying at that time, right? Your name

129

is Richard Brown, is it?

A. Yes, it is.

Q. At the time you gave them another name you were

lying at that time, right?

A. Yes.

Mr. Cusick. Nothing further.

Mr. Howarp. No further questions.

(Witness excused: )

130-131 The Court. All right, motion to suppress the con-

fessions is denied and overruled, and People’s

Exhibits, what are they? 1 and 2 you are offering?

Mr. Cusick. Yes, sir.

The Court. Admitted in evidence as People’s Exhibits 1 and

2. What about a date here now?

* * * * *

132-292 PROCEEDINGS AT TRIAL

Cause called for trial before the Honorable Saul

A. Epton, Judge of the Circuit Court of Qook County on

293

January 14, 1970.

ERNESTINE E. Corpus, State Witness—

Direct Examination by Mr. Van Zeryt:

My name is Mrs. Ernestine E. Corpus. I live at 3126 West

Monroe Street in Chicago. Roger Corpus was my son. On May 5,

1968 Roger was living with me.

We lived at that time at 3126 West Monroe Street on the

565-219—.74——6

second floor. That building is an apartment building consisting

of six flats. :

As you walk into the building we live on the left side of the

stairway. The door leading to the upstairs was on the right.

My son lived directly over me.

* * aa * *

294 Q. Calling your attention to May 5th, 1968, at about

& quarter to 12:00 at night, or close to midnight, were

you at home?

A. Yes, I was.

295 Q. And were you alone or with someone else?

A. I was there with my mother and my youngest

daughter.

Q. What is your daughter’s name?

A. Constance Corpus.

Q. What were you doing when you were home at that time?

A. We were just sitting in the living room looking at tele-

vision.

Q. Where is the living room located with regard to the front

of the building? a

A. The living room is in the front of the building on the

left.

Q. Calling your attention to about that same time, did you

have occasion to see anybody enter your building?

A. Yes, I did.

. And was it one person or more than one person?

. There was two young men.

. You say they were men?

Yes,

. Do you see either of those men in the court room at

this time?

A. Yes, I do.

Q. Would you point to him, please?

. This Richard.

. Which person are you referring to?

. The young man in the green suit. (Indicating)

- Indicating for the record the defendant Richard Brown.

Yes.

Had you ever seen him before May 5th, 1968?

. No, not that I recall.

. What, if anything, did he and this other man do after

they entered your front door?

POrPOPO> F Ovorpo

—

A. Well, they were walking in the vestibule making a little

noise, I guess, from the door opening and their footsteps. And

there is glass in all of those doors where I could look out and

see that somebody was in the vestibule.

Q. Is that when you saw the defendant?

A. Yes.

Q. Did they go anywhere after you saw them?

A. Yes. I kept waiting to see if they were going to ring my

bell and he looked over the curtain that I have on the door and

I wondered who was that peeping in, so I went to the

297 door and took a good look and he didn’t ring the bell,

and my daughter—when I remarked, I wonder what are

they peeping in here for, my daughter, she went and looked and

then they went upstairs.

Q. Do you know where they went upstairs?

A. Well, they went into my son’s apartment because I could

hear. them walking just over my head.

Q. What time did you go to bed that night, Mrs. Corpus?

A. I must have gone to bed around 1:00 o’clock because——

- Q. You have answered my question. Did you have occasion,

before you went to bed or after you went to bed, to hear any-

thing else in your son’s apartment upstairs?

Mr. Kirsos. Objection. Leading, your honor.

The Court. Overruled. You may answer.

The Witness. Yes, I could hear footsteps, somebody walk-

ing around. There was a little noise other than just walking

but I didn’t attach any importance to it.

Mr. Van Zeyv. Q. What noise would that have been, if you —

know? ——

298 A. Well, it sounded like kind of a shuffling noise. Like

they might have been dancing or—not a lot of noise.

Q. Did your son own a television set, if you know?

A. Yes, he did.

Q. Did he own any other types of—well, let’s say like

hi-fi or record players?

A. Yes, my son was very musical, he had an electric organ,

all kinds of hi-fi equipment and a television.

Q. Did you hear any music playing that night?

A. Well, I couldn’t hear—I can hear him when he plays the

organ. He had been playing the organ but not after 12:00.

* * . * *

299-306 I must have gotten up around 8:00 or 9:00 the next

morning—Monday, May 6. Around 5:00.p.m. that

afternoon of May 6, I spoke to Mrs. Johnson who occupied the

second floofrear apartment. She lived to just the rear of my

son’s apartment.

After I talked to her we went upstairs to my son’s apartment.

When we got to my son’s apartment we noticed music playing,

and the door was opened about two feet wide.

(State’s Exhibit No. 1 marked for identification, a photo-

graph of the building.)

When I got up the stairs and in front of my son’s apartment

I walked it. I entered his dining room and looked in the kitchen.

He was not there. The lights were on and the music was play-

ing. I walked to the living room and saw him lying on the floor.

_ (State’s Exhibits Nos. 2 and 3 marked for identification,

photographs of the interior of the room.)

My son was 27 years old.

(State’s Exhibits Nos. 4, 5, 6, marked for identification,

photographs of the body. ) ;

When I saw my son lying on the floor I noticed he was lying

on top of his record albums. His feet were tied with electric

white looking cords. My daughter Constance then called the

police.

307 Q. About what time, if you know, were the police

308 = called?

A. Well, they were called within a half hour of the

time that they were up here.

Q. Did they arrive on the scene?

A. Yes, they did.

Q. About how long after you called them did they arrive on

the scene?

A. They were there within five minutes, and they also called

the Fire Department.

309 * * * * .

I did not notice if the police searched the apartment.

They wouldn’t let me go up there while they were there.

After they left I searched the apartment.

Q. Did you find anything of your son’s that was missing?

A. Oh, yes.

Q. What was missing?

| -

A. Well, his credit cards and a lot of his clothing and his

wallet, and, well, everything of any value small things.

Q. Did your son own an automobile?

A. Yes, he did.

Q. Did he carry keys?

A. Yes, his keys were missing, too.

Q. Do you know whether or not your son kept any money up

in his apartment?

. Well, I am sure he did.

. You don’t know for certain, though?

. Yes, I know he had to keep some money there.

. Do you know how much he had at that time?

. No, I don’t know the exact amount.

. Did you find any money at all in his apartment?

. No, we didn’t find any money at all.

. Was any money found on his person?

A. No.

310—311 When was the next time after May—the late

evening hours of May 5th that you saw the defend-

ant Richard Brown again? :

A. I next saw him at the coroner’s inquest.

Q. And was that about a month later?

A. Yes, it was.in June.

* * * * *

312-315 Cross Examination by Defense Counsel :

I did not go out of my house on Sunday May 5, 1968.

On Sunday May 5 possibly one or two o’clock in the afternoon

I saw my son come down and go to the store to buy some

groceries which he brought back. I did not see him any more

that day but heard him playing his organ right above my head.

I do not know from my own knowledge what happened that

night in my son’s apartment before I found him there on

Monday.

I talked with the police officers after they arrived. I talked

with the police about the individuals I noticed in the vestibule

and I told him I didn’t know the names of the people who were

OPrOvro ror

in the vestibule.

316 * * . 4 oe *

Q. And you recall that it was Richard Brown that you

saw in the vestibule?

317 A. Well, at the time I didn’t know his name.

Q. But, in any event, you saw my client, Richard

Brown, in.the vestibule that night? .

Mr. VAN ZeYL. Objection. Asked and answered.

The Court. Overruled.

Mr. Kirsos. Q. Or who you now know to be Richard Brown

in the vestibule that night?

A. Yes.

Q. And there was another individual with him at that time?

A. Yes.

Q. And you approached the glass to take a better look at

these men, is that your testimony, ma’am? ;

A. Yes.

Q. Is your vestibule lit by an electric light bulb?

A. Yes.

Q. Was it on that night?

A. Yes.

Q. How much of the body of these men could you see? Could

you see from their knees up?

A. No, no. ;

Q. What could you see?

318 A. The light is up high.

Q. Yes.

A. Right possibly even with the top of the curtain, because

at that time the curtain didn’t reach all the way up to the top,

there was a space of maybe two hele the top, and

that’s what I could see, actually, by the lig

Down further I was looking through

just tell what they had on, but I didn’t see their feet.

Q. Could you see their waist?

A. Yes.

Q. From the waist up you could see them?

A. Yes. °

Q. Could you see their hands?

A. No, I don’t remember their hands.

Q. But if you had looked at their hands you would have seen

them?

Mr. Van ZevYL. Objection. ;

The Court. Sustained.

Mr. Krrsos. Q. In other words, was there a clear—did you

have a clear view of the upper part of these men’s bodies as

they were in the vestibule? |

p Sy, SO

319 A. No, I had a clear view of his face because there

was no curtain up by his face, and the light was right on

his face. :

Q. And the curtain, I take it, was on the side of your door?

A. Yes.

* * * * *

320 When I went to bed at 1:00, I had not heard any

noises up to that time. When the individuals first went

in I heard some noise and a little scuffing around, but then I

went to the rear of the house and I didn’t hear anything. After

I went to bed at 1:00 I did not hear any noises of any sort be-

cause my bedroom was in the rear. I did not hear any pistol

shots either before or after I went to bed.

I was home all day Monday, May 6. I got up around 8:00

or 8:30 in the morning and did not go out of the house. At

about 5:00 Mrs. Johnson came down and the two of us went

to my son’s apartment.

321-327 Constance DeLoacu, State witness testified as

follows—

Direct Examination.

I reside at 3126 West Monroe. Ernestine Corpus was my

mother. Roger Corpus was my brother.

On May 5, 1968 I was living at the same address. I was

living on the first floor with my mother. I did not see my

brother on May 5, 1968.

a On May 5; 1968 near midnight I was in my mother’s apart-

meiit in the living room watching television with my mother

and my grandmother who was seventy years old. Near mid-

night I saw two men come into the vestibule. One of them was

a very tall man who looked into the window and then went on

upstairs. The defendant in this cause was the one who looked

in the window and then went upstairs.

I had seen the defendant in this cause, Richard Brown be-

fore. We went to grammar school together. I did not recognize

the other person with him.

Later on in the evening I heard walking noises in my brother’s

apartment, but it could have been anything because there are

rugs on the floor.

I went to work on Monday, May 6, 1968. I arrived home

from work that day at about 5:00 or 5:30. When I came in I met

my mother and she told me something had happened to my

brother, he was upstairs on the floor. I went upstairs #umedi-

ately.

When I entered his apartment he was lying flat on his stom-

ach. I could see he was dead so I went downstairs and called

the police. I noticed his arms were tied and his legs were tied

and he had a rope around his neck and there was blood on the

rug.

328-332 My brother kept identification on his person or in

his apartment all the time. He also kept money and

keys and things of that nature about his person in, his apart-

ment.

I think the police searched his person and did not find any-

thing. I did not know if the police searched the apartment.

After the investigation was carried out I searched his apart-

ment. I did not find any money, his wallet, his identification or

keys in his apartment.

My brother knew the defendant Richard Brown. I had seen

him, the defendant, going up there previously.

Cross Examination by Defense Counsel:

When I saw Richard Brown the evening of May 5 going

to my brother’s apartment I thought this was just another one

of a number of visits that he made.

Q. Did you ever, prior to May 5th, 1968, take an inventory

of your brother’s personal effects?

A. Would you explain that, please?

Q. Well, I’ll put it to you this way. Prior to May 5th, 1968,

did you see whether or not your brother had credit cards with

him? iv

A. Yes. Vy

Q. Did you see him on May 5th, 1968?

A. No.

Q. Did you see him on May 4th, 1968?

A. Yes.

Q. Where was that?

A. When—I think that was the time he caine down that I

saw him, he was going around emptying the garbage.

333-342 Q. He pulled his credit cards out and showed them

to you at that time?

A. No, but he usually kept identification, his credit cards was

in with his wallet, he kept a check book and—in with his driver’s

license, and he carried all these things with him when he would

go to work.

-Q. That is not the question I asked you, young lady. I have

no further questions, your honor.

questions.

Mary Joxnnson, witness for the State—

343-350 * * * * *

. Artuur Corpus, State Witness—

Direct Examination by Mr. VAN ZEYL: 3

My name is Arthur Corpus and I live at 3126 West Monroe

in the basement apartment. Roger Corpus was my brother.

On May 5, 1968, I knew a person by the name of Richard

Brown.

On Saturday, May 4, I saw Roger Corpus. He was in good

health. He had an asthmatic condition. ,

His military status was 4-F. My brother kept with him his

driver’s licensé, his car registration and credit cards and a social

security card. He was single.

We went into my brother’s apartmént about two days after

he was killed. On that occasion we did not find any identifica-

tion, money or keys in his apartment. 3

On May 7, 1968 I spoke to police officers at nine in the morn-

ing in my mother’s apartment. : |

I spoke to my mother and sister before I talked to the police.

I talked to a plain clothes detective, Denson, on the 7th.

The next day, the 8th, I spoke to Detective Lenz and another

detective, whose name I don’t remember.

I furnished Detective Denson with the name of Richard

Brown on the 7th. eT ee

Cross Examination by Defense Counsel:

On May 6, 1968 I was at work. On May 6, 1968 I was in-

formed of my brother’s death while at work.

351-355 I arrived home at about 6:00 or quarter after.

There were police officers at the house, but I did not

tell any of these police officers about Richard Brown. I have

known the defendant, Richard Brown since 1959. During this

time Richard Brown was friendly with my brother. \

The last time I was in my brother’s apartment prior to the

day he was killed was about 3 or 4 weeks before that.

I have never been up in my brother’s apartment when he

had visitors. My brother did not smoke or sell marijuana.

Q. After you arrived at your mother’s apartment on May 6th,

1968, you had a conversation with your mother, didn’t you?

A. Yes, I did. - ,

Q. She told you what she knew of this unfortunate, this ter-

rible thing? | '

A. That’s right. i

Q. And the two of you did discuss it, didn’t you, your mother

and you?

A. My mother and my sister.

Q. And during these conversations between you and your

mother and your sister, with the police officers in and about

the apartmentt there, none of you suggested to the police officers

that possibly Richard Brown was responsible for this man’s

‘death?

A. Nobody asked. .

(. That isn’t the question I asked you, sir. |

The Court. The question may stand and the answer may

Stand.

gett?

Mr. Kirtsos. Yes, your honor.

356 ‘Q. Did anyone at that time tell the police officers

that Richard Brown was the man who did it?

Mr. Van Zeyv. Objection. How would anybody know?

The Court. Already answered, Nobody asked. A new ques-

tion.

Mr. Kirsos. Q. Do you know a person by the name of Clag-

A. Yes, Ido.

Q. What is his first name? —

_ A. What every body calls him, Jimmy D.

Q. Do you know where he lives?

A. No, I don’t.

Q. When was the last time you saw Claggett?

I haven’t seen Claggett in about 6 months, prior to this,

hat happened here. .

Q. Where was this?

A. I seen him on 5th Avenue. ,

Q. Where?

‘A. On 5th Avenue.

Q. Chicago?

A. Yes.

Q. When was that, what year was that?’

The Covrr. The' witness said approximately 6 months prior

to this incident.

we ° /

Mr. Kirsos. Thank you, your honor.

Q. Was that the same Claggett that is named in this

indictment?

A. Yes, it is. :

Q. And that night or that morning when you told the police

officers at 9:00 o’clock in the morning that you gave him some

naines, you also named Jimmy Claggett, didn’t you?

357-381 A. No, I didn’t.

Q. You just gave the name of Richard Brown?

A. Yes.

Q. No other name?

A. That’s all.

(), And prior to that time you told these police officers the

name of Richard Brown, when last had you seen Richard

Brown?

A. That Friday, the Friday before that. Thursday or Friday

before that.

Did you see Richard Brown on May 5th?

A. No, I didn’t.

Q. Or on May 6th?

A. No, I didn’t.

Q. What time did you leave the apartment, your mother’s

apartment, on May 6th, 1968?

A. About 10 or 11:00 o’clock that night.

Q. Where did you go?

A. Went down to my apartment.

. And you went to bed?

. Yea, I did.

_ What time did you get up the next morning?

. About 5:30, 6:00 o'clock.

And what time did you talk to the police officers?

-A. About 9:00.

Q. That’s the time you gave Richard Brown’s name to the

police officers, is that right?

A. Yes, that’s right.

Mr. Kirsos. No further questions.

Epwarp SHALGOS, called as a witness by the State—

382-390 * s oe * *

Derective Witu1AM Lenz, State Witness—

Direct Examination by Mr. Van ZEYL:

I am a detective assigned into Area 4 Homicide. On May 6,

1968 at about 6:00 p.m., I have been assigned to Area 4 Homi-

OYrOvroO

cide for the past 9 years. I received an assignment. I went to

3126 West Monroe Street.

I arrived at 6:30 or 6:40 p.m. There were other police officers

present, and I spoke to Mrs. Corpus, mother of Roger Corpus

and a sister of Roger Corpus and a Mrs. Mary Johnson.

When I entered the apartment of Roger Corpus I saw him

lying on the floor in the front room. He was lying face down

on the floor.

(State’s Exhibits 7, 8 and 9 marked for identification.)

Mr. Corpus was fully dressed when we found him: He was

lying face down with his head facing north. His ankles were

baund by a cord. His hands were undérneath the body when

we first saw him and there were soe cor around his neck as

well as a portion ofa bathrobe.

391-399 I also observed a wine bottle in the front room

standing along side a hassock which was present. A

pillow had also been removed from a portion of the couch.

This pillow was standing along side a portable TV stand. The

pillow had three holes in it, and one of the holes appeared to

have a powder burn or mark surrounding the hole.

(State’s Exhibit No. 10 marked for identification, photograph

of TV stand and pillow.)

The cord was removed from the victim. The property was

given to the crime laboratory. .

(State’s Exhibit No. 11, marked for identification, pieces or

strands of cord.)

The cord which bound the victim’s hands and ankles was an

electrical cord. There were numerous electrical cords in the

apartment. There was extensive hi-fi system in the apartment.

The pillow with the bullet holes in it was sent to the crime

laboratory.

(State’s Exhibit No. 12 marked for identification, a pillow.)

After May 6th I had further conversation with members of

the Corpus family. As a result of these conversations we were

supplied with the name of Richard Brown, a man known as

Henry, and a third individual, this would be a friend of.Henry’s.

I don’t recall the name. We subsequently placed Richard Brown

under arrest.

* = heal * *

400

Mr. Van Zeyt. Q. What date was it you placed the

defendant under arrest? _

A. The 13th day of May, 1968.

Q. Where was it that he was placed under arrest?

A. 3845 West End Avenue.

Q. Do you recall what time of the day or night that would

have been? :

A. He was placed under arrest at 7:45 P.M.

Q. At that time, Detective, were you alone or working with

somebody else?

A. I was accompanied by two other police officers, Officer

William Nolan and Officer Robert Wasmund.

Q. What time of the day or night on May 13th, 1968, did

you arrive at that location®

A. We arrived at that location at approximately 5:00 P.M.

Q. What, if anything, did you do after you arrived at

401 that loeation?

A. We concealed ourselves, Officer Nolan was in the

hallway, this would be a hallway just outside of the apartment

of Richard Brown. I was right in the apartment of Richard

Brown. This would be facing the rear entrance to the apart-

ment.

Officer Wasmund was down on the street side, this would be

on the West End side at the front portion of the building.

Q. And where was the defendant when you first saw him?

A. He had approached the apartment from the alley. He

ascended the stairs to the second floor—this an outside stair-

case—and was walking on a—it would be an entranceway, an

open entranceway alongside the building approaching his apart-

ment.

Q. What did you do after he approached his apartment?

A. I called to Detective Nolan that he was coming. As he

walked up to the apartment Detective Nolan stepped out of

the corridor in which he was located and informed the defendant

that he was under arrest.

Q. What happened next?

402 A. We searched his person. We then transported him

down to our vehicle, which was parked on Washington

Boulevard, and we proceeded to Area 4, Homicide.

Q. And when you arrived at Area 4 Homicide where, if

anywhere, was the defendant taken?

‘A. He was placed in an interrogation room. This would be

an interrogation room located on the west side of the building,

it would be the center room.

Q. Did you enter that interrogation room?

Ps, a

A. Yes, sir.

Q. Did you remain for the interrogation ?

A. A portion of it.

Q. And then you left?

A. At what time? Specifically what time, sir? When we first

arrived we did enter the interrogation room with Mr. Brown.

Q. Was there any conversation going on in the automobile?

A. Yes, sir.

Q. And who was doing the talking?

403 A. Mr. Brown asked why he was arrested and we

informed him he was under arrest of iyvestigation of a

homicide, and he wanted to know why we hed arrested him.

We told him because of some evidence that we had relative

to the case.

Q. Officer, did you have orcasion yourself to advise the

defendant of any rights?

A. Detective Nolan advised him of his rights at the time

of his arrest on the second floor.

Q. Driving to Area 4 Homicide, who drove the automobile?

A. As I recall, I drove the ear, sir.

Q. Where was the defendant seated in the car?

A. In the rear seat.

Q. Who was back there with him?

A. Detective Nolan.

Q. Was there conversation between the defendant and

Detective Nolan?

A. There was.

Q. Now, when you got to the interrogation room at Area 4,

was the conversation there between the defendant and Detec-

tive Nolan also?

A. Yes, sir, it was.

404 Mr. VAN Zeyt. I have no further questions.

The Court. Thank you, Mr. Van Zeyl. Mr. Kitsos.

* * * * *

404a * * * * *

Cross Examination by Defense Counsel:

The wine bottle which I noticed in the apartment was dusted

for fingerprints by the crime laboratory.

405 * *

Q. Officer, did you find a gun on the defendant at the

time you arrested him?

“A. No, sir.

, 79

Q. Did you have a conversation with the decedent’s mother

when you arrived at the apartment you told us about?

A. Yes, sir.

Q. And did you have a conversation with Arthur Corpus, the

brother of the decedent? »

Q. Arthur Corpus gave you three names, did he?

A. As I recall, he originally gave us two names. On the spe-

cific day-of the 6th day of May he gave us two names. I had

more than one conversation with Mr. Arthur Corpus.

Q. On May 7th, the next day, did you have occasion to see

Arthur Corpus again?

A. I don’t recall. I could have, sir.

Q. Do you recall what day Arthur Corpus gave you the

name of the defendant Richard Brown?

Mr. Van Zeyu. Objection. There is no evidence he

406 gave him the name.

Mr. Kirsos. I think there is, Judge.

Mr. VAN ZeYt. I will withdraw the objection.

_ The Court. Thank you, very;much. Answer the question if

you can. i

The Witness. No, sir, I do not recall the specific date.

The Court. The answer is I do not know. The next question.

Mr. Krrsos. Q. Did you have occasion to arrest one by the

name of James Claggett in connection with this homicide?

A. Yes, sir.

Q. When was the date of that arrest?

A. As I recall, Claggett—I don’t recall if it was the 13th day

of May or the 14th, as ‘t was very close to midnight, sir.

Q. Now, on May 6th, you had a conversation with Mrs.

Ernestine Corpus, the decedent’s mother, didn’t you?

A. Yes, sir.

Q. At that time Mrs. Corpus told you, didn’t she, that

at approximately midnight or just before mid-

407. _—+night on May 5th she had observed two men, didn’t

she?

A. She had observed two men, one being taller than the

other.

Q. Did she tell you whether or not she could identify those ~

men ai thai time?

A. The only description she could give was their clothing.

Q. She could give no description as to facial features, could

she?

A. She did not see their faces.

Q. Did you recover a revolver in the apartment of the

decedent?

A. Yes, sir.

Q. Do you know, Officer, if the defendant’s finger-prints ap-

peared on the bottle of wine that you recovered?

A. I do not have an independent knowledge of this, sir.

Q. Based upon your investigation, Officer, can you tell us

with any degree of reasonable certainty whether the dece-

dent died where you found him?

Mr. VAN ZeEYL. Objection.

408 The Court. Sustained.

Mr. Kirsos. Q. Now this stake-out of Richard

Brown’s apartment, you had gone there to arrest a man, is that

—

A. That’s right, sir.

Q. And Richard Brown came up to his ae and you in

fact arrested him, Officer?

A. That’s correct, sir.

Q. You advised him he was under arrest, didn’t you?

A. Detective Nolan advised him he was under arrest.

Q. And the .defendant Richard Brown submitted to

authority, didn’t he?

A. He did.

Q. And this took place on the second floor there?

A. That’s correct, sir.

Q. And in your presence Officer Nolan and the defendant

and yourself returned to the squad car?

A. That is correct, sir.

Q. During this time of proceeding down the stairs the de-

fendant Richard Brown was asking you, “Why are you ar-

resting me?” Didn’t he ask you that?

409 A. He denied he was Richard Brown.

Q. It’sa very simple question, Officer.

The individual was asking you why he was arrested, isn’t

that true?

A. No, sir, not at that time.

Q. Did he in the squad~car inquire as to why you were

arresting him?

A. In the squad care he inquired, yes, sir.

Q. And did you tell him why you were arresting him?

A. Officer Nolan informed him.

Q. Informed him what?

A. He was under arrest for investigation of a murder.

Q. In other words, you indicated to the defendant that you

were going to charge him with murder is that right?

Mr. Van ZEyt. Objection.

The Court. Objection sustained.

Mr. Krrsos. I’ll withdraw the question, your honor.

The Court. Very good.

Mr. Krrsos. Q. You advised the defendant at that time, or

Officer Nolan did, one or the other, that you had a sus-

410 _ picion that he was involved in a murder?

Mr. VAN ZEYL. Objection.

_ The Court. The word, “suspicion” was not used. Investi-

* gation of a murder, is what the detective said.

Mr. Krrsos. Yes, your honor, I’ll abide by the court’s ruling.

Q. In any event, you told the defendant that he was under

arrest for investigation of murder?

A. Correct, sir.

Q. Did you indicate the name of the decedent at that time?

A. As I recall, Detective Nolan and the defendant were hav-

ing a conversation in the back seat. I recall Detective Nolan

telling him who the deceased was.

Q. And there was a conversation bétween Officer Nolan and

the defendant in the back seat?

A. There was a conversation.

Q. To which you could hear?

A. Absolutely, yes, sir.’

Q. And this conversation was about the accusation or the

investigation of the murder, is that correct?

411 A. No, sir. The conversation, as I recall, was he

wanted to know why he was arrested. Detective Nolan

informed him. He wanted to know who he was accused of kill-

ing. Detective Nolan informed him of the deceased’s name,

Roger Corpus. The only other conversation I recall on the way

in the car was relative to his ownership——

Q. Let me ask you this, Officer, ——

Mr. Van Zev. Judge, let him——

Mr. Krrsos. I have aright to interrupt, your honor.

The Court. Objection overruled. Ask another question.

Mr. Krrsos. Q. Let me ask you this, Officer. While you were

sitting there in the squad car did you at any time hear Officer

Nolan tell the defendant that he had a right to a lawyer?

}

A. That hadbeen explained to the defendant-——

Q. - a vey simple question, Offieer. Will you answer it,

Mr. Van Yavi. 1 ask the witness be permitted to answer

questions.

412 Mr. Arrsos. That’s right, I am entitled ta 3 direct

answer to the question.

The Court. When you gentlemen are through I would like

to rule. The question was a simple question. Was Mr. Brown

advised that be was entitled to have a lawyer at any time?

The Witnss. Yes, your honor.

The Court. The answer is yes, Mr. Kitsos.

Mr. Krrsos Q. In the squad ear, Officer?

A. Notin tle squad car.

Q. Not in he squad czar?

A. That is correct, sir.

Q. In the squad car did you hear Officer Nolan tell this young

man that he lad a right under the law to remain silent?

A. In the quad car?

Q. Yes.

A. No, sir.

Q. In the quad car did yeu hear Officer Nolan tell this

young man tht anything he said to Officer Nolan or yourself

could be usedas evidence against him?

A. Ir the squad car?

413 Q. Ir the squad car.

A. N, sir. . |

Q. Now, Oficer Lenz,_— |

The Court. Detective Lenz. |

Mr. Krrsos.Q. Detective Lenz, Officer Lenz, how long were |

you, Officer Nilan and the defendant in the squad car?

A. I wouldsay approximately 10 minutes, 15 at the most.

Q. Where dd you go to?

A. We droe from the 8800 block west on Washington

Boulevard to Area 4 Hamiride.

Q. Did youmake any steps in between?

A. No, sir.

Q. In the quad car Officer Nol.o was questioning the

defendant, isnt that true?

A. That is 1ot true, sir.

Q. There ws a conversation between the two individuals?

A. That is orrect, sir.

= =:

Q. Your purpose in taking the man into custody was for an

investigation, isn’t that right? .

A. Part of the investigation.

414 Q. And your investigation commences when you take

the man into custody, doesn’t it, officer?

A. Not necessarily so, sir.

Q: In this case it was such. Your investigation commenced

just as soon as you took him into custody, isn’t that true?

A. No, sir, it did not.

Q. What time did you leavc—what area was that officer, you’

told us about that you went to with the defendant?

A. Area 4 homicide, sir.

Q. What time did you personally leave Area 4 Homicide that

day?

A. Upon completion of my tour of duty. It would be approxi-

mately 4 or 5 A.M. upon the morning of the 14th.

Q. What time did you arrive at Area 4?

A. About 4:30 P.M. of the 13th day of May—of April.

Q. During all this time do you know where the defendant

Richard Brown was?

415 A.I do and at 7:45 P.M. until approximately 2:00

A.M. on the 14th.

Q. Where was he?

A. He was in our custody.

Q. And where was this?

A. Area 4, Homicide.

Q. In an interrogation room?

A. Not for its entirety, sir.

Q. He was over there to be interrogated?

A. I wouldn’t say to be interrogated. We were in the course

of our investigation, part of the investigation we left with Mr.

Brown, we returned to the area, we again left the area with

Mr. Brown and returned at approximately 12:30 or shortly

after midnight on the 14th.

Q. You had arrested this man?

A. Arrested whom, sir.

Q. Richard Brown, without a warrant, isn’t that true?

A. That is correct, sir.

Q. You’ are familiar with the requirement that anyone ar-

rested without a warrant be brought before a magistrate——

416 Mr. VAN ZEYL. Objection.

The Court. Objection sustained.

565-219—74 7

(SORES

Mr. Krrtsos. Q. Did you go to 11th and State, the Central

Police Station with this defendant that night? .

A. Yes, sir.

Q. What floor did you go to?

A. As I recall, it would be to the fourth floor, I believe.

Q. That is the lockup? 3 .

A. No, sir.

Q. What is that, what floor is that?

A. The fourth floor in the section of the building in which

we were located, which is the new section of the building, con-

tains the arrest reports and photographs of offenders.

Q. What time were you there at 11th and State?

A. I would say at approximately—lI could not approximate

the time. It would be somewhere between the time of the arrest

at 7:45 and 12:00 midnight.

Q. And on that day at that hour when you were at 11th and

State at Central Police Station, you were aware, weren’t you,

that there was a magistrate sitting in room 1100 on that day

or night?

417 Mr. VAN ZeYL. Objection.

The Court. Sustained. Strike it.

Mr. Kitsos. Q. Did you go to the 11th floor of the Central

Police Station at 11th and State that evening with your

prisoner?

A. No, sir.

Q. Now I ask you a very simple question, Officer. Why not.

Mr. VAN ZeEYL. Objection.

The Court. Sustained.

Mr. Krrsos. That is a simple question, your honor.

The Court. Ask another question.

Mr. Kitsos. Q. Was Richard Brown permitted to use the

telephone while he was in your custody?

A. I don’t recall if he did or not, sir. If he had requested it

a telephone would have been made available to him.

Q. Officer, it’s 2 very simple question. Was Richard Brown

permitted to use a phone while he was in your custody?

A. I don’t recall.

Q. Were you present when Richard Brown was induced—

strike that question, please. Were you present when

418-419 Mr. Richard Brown signed some document or writing

at the request of one of the police officers?

A. I don’t recall Mr. Brown signing anything in my presence,

sir.

Q. This man Claggett, is he in custody now, do you know?

Mr. Van ZEYL. Objection.

The Court. Objection sustained.

Mr. Kirsos. Q. This man Claggett that you arrested, Jimmy

Claggett, is he the same Jimmy Claggett tats is named in this

indictment?

A. Yes, sir.

Q. Did you testify before the grand jury, Officer?

A. AsI recall, I did.

Q. Officer, during your direct examination you made refer-

ence to a report.

I make a motion, your honor, to see the report.

420 * * * * +

The Court. Proceed, gentlemen, with your cross

examination.

Mr. Krrsos. Q. While you were in the squad car, Officer Lenz,

did you hear Officer Nolan ask the defendant Richard Brown

about the murder of Mr. Corpus?

A. No, sir.

Q. But a murder was discussed?

A. Not in the squad car.

Q. Now, this gun that you found in the Corpus apartment,

did you inventory that gun?

A. Yes, sir.

Q. Do you recall what caliber that gun was?

A. .22 caliber. ¥ :

Q. Where is that .22 caliber gun now?

A. To the best of my knowledge it is at the recovered prop-

erty section at 1121 South State Street.

Q. During your investigation did you recover any

421 other weapons other than the weapon you told us

about?

A. I believe the .22 is a starter gun, or it was a starter gun,

but no other weapon.

Q. Where was the starter gun found?

A. The .22, the one gun was found under the mattress in the

Roger Corpus bedroom. I believe there was a starter gun also

found in the bedroom.

Q. What is a starter gun, will you tell the ladies and gentle-

men of the jury?

A. It is a blank gun, it fires blank cartridges, used at races,

and so forth, to start the event. ;

Q. Did you search Richard Brown’s apartment the night you

arrested him?

A. We made a br apes search of the apartment, yes.

Q. Did you find’a gun in there?

A. In Richard Brown’s apartment?

Q. Yes?

A. No, sir.

Q. Did you find any gun on Claggett when you arrested

him? ;

422 A. No, air.

Q. Did you make any other arreéts of any Other indi-

vidugl pursuant to your investigation?

A. Wo, sir, I did not.

Q. Pid you find any marijuana in the course of your investi-

gatioi}?

A. , sir, I did not.

. Krrsos. No further questions.

423-426 % .

Redirect Examination by the State:

We were not looking specifically for marijuana.

There were fingerprints fourid on a bottle of wine and these

prints were dusted by the evidence technician, from the Chi-

cago Crime Laboratory. I have no further knowledge of these

items.

During our conversation with the mother of the decedent

on May 6, she told us she was looking out of her front window,

which faces out onto the porch area of her home. As I recall

she was looking through two windows, an outer window and an

inner window, and it was quite dark that night. Mrs. Corpus

also wears glasses. She informed us she could see two individu-

als, one of whom she described as being quite tall. She described

the clothing the men were wearing, that they knocked at the

front door, she heard her son come down, admit them to the

apartment and she could hear the people go upstairs and walk-

ing around in the apartment and was of the opinion that the

persons who had entered were friends of her son, that they were

ai this time in the apartment with him.

After the defendant was placed under arrest he denied he was

Richard Brown. I do not recall the name he gave us but it was

a name of a friend of his he later informed us.

On May 6, in the Corpus apartment we conducted a search.

We did not find any money or identification on the person of

Roger Corpus. There was some change, I do not recall the

exact amount, but it would be pennies that was

427-434 found in a bedroom. To the best of my knowledge

this is the only money located in the apartment. I

do not recall finding any identification on the person of the

deceased.

A .22 caliber pistol was found underneath the bed or the

mattress of Roger Corpus. Caliber of the bullet which was taken

from the body of Roger Corpus was a .38 caliber.

Recross Examination by Defense Counsel:

I learned what caliber bullet was found in the body of Roger

Corpus from the ballistics expert.

W1LLiAM NoLaN, State’s witness— —

Direct Examination by Mr. VAN ZEYL: ”

My name is William Nolan. I am a police officer for the city

of Chicago. I have been a detective for five and a half years.

I am presently assigned to Area 4 Homicide unit, at 943 West

Maxwell Street.

The first time that I did anything,with respect to an investi-

gation into the homicide of Roger Corpus was on May 13, when

I reported for work. Pursuant to the assignment Officer Lenz

and I went to 3845 or 47 West Maple. There is an apartment

building at that address. We were told to meet two officers in

front of the building. We went to the third floor, to the apart-

ment of Richard Brown. The apartment was pointed out to us,

and I remained in the hallway near the rear door. Detective

Lenz was near the front of the apartment. Another detective

with us remained downstairs. We arrived at the apartment

somewhere between 4:30 and 5:00 p.m. We waited about 3

hours. At approximately some time between 7:30

435-438. and 8:00, * * * Detective Lenz called to me that

somebody is coming up through the back. A few min-

utes later Detective Lenz stated it looks like this is Richard

Brown so the man walked passed the doorway where I was at

up to a window, and I stepped out on the porch behind him

and placed him under arrest.

I asked him for his name and his identification. I asked him

“Are you Richard Brown?” He said no he wasn’t. I said “What

is your name”, he gave a name that I don’t recall, but he stated

that this was his name. I said you are not Richard Brown? He

said No, I’m not.

y eas |

_ _Q [Mr. Van Zeyl] Did you have/anything in your posses-

sion, any photographs in your possession at that time?

A. Yes, sir, we did. Bn, ’

. How many photographs did you have?

A. We had two, I believe.

Q. And who were they photographs of, if you recall? -

A. The photographs were of Richard Brown.

439-440 * 7 * *

Mr. Van Zev. Q. After the initial conversation which

you had with the defendant after you placed him, under

441-442 arrest about the name, did you have any further

conversation with him at that time on the porch?

A. At that time on the porch?

Q. Yes? P

A. Yes, sir, I told him, I says, “Well, you come into the sta-

tion with us and we'll determine who you are. At this time I ad-

vise you you are under arrest for investigation of the homi-

cide.” At that time I also advised him of his constitutional

rights to remain— .

Mr. Kirsos. Objection as a conclusion.

The Courr. Sustained.

Mr. Van Zeyt. Q. What did you tell him?

A. I told him at this time he had a right to remain silent,

that he did not have to make any statement to me or anyone

else, that also that if he did make any statement, anything he

did say could be used against him at a later time in court.

the attorney can be present during any questioning or before

any statement was given, and also I told him if he couldn’t af-

ford an attorney the State would provide one for him. I asked

him if he understood all of this and he stated he did.

We then went to the car, Detective Lenz was driving the car

and I went into the back seat with Mr. Brown.

As we were going into the station Mr. Brown asked me,

Why are you arresting me, why are you bringing me in?” I

told him, “Your name is Richard Brown.” He says, “No, my

name is not Brown.”

After that I told the man who is sitting with me

“

I also told him he had a right to retain an attorney and,

443-447 that we were bringing him in for the investigation of

a homicide. He said, “What’s homicide?” I said,

That’s murder.” He said, “Who am I supposed to have mur-

dered?” and I said, “a man by the name of Roger Corpus’. He

said, “I don’t know anything about that.”

By this time we arrived at the Area 4 parking lot, and as

we were getting out of the car, I told the defendant we were

going up to our office on the second floor. I said at this time we'll

try to take fingerprints and the fingerprints will determine if

you are Richard Brown. At this time he said, “Well, my name

is Richard Brown. We then went into the interrogation room at

the station. This was sometime between 8:00 and 8:30, prob-

ably close to 8:00 p.m.

Present were Richard Brown, Detective Lenz and myself.

Defense counsel renews objection to admission of statements,

and to the lack of a foundation that they were given voluntarily.

Objection overruled. “

Mr. Van ZeYL. Q. Detective, what, if anything, did you say

to him at that time and what, if anything, did he say to you?

A. I asked him, I said, “You are Richard Brown and you

live over there in the apartment on Maypole Avenue.” He said.

“Yes, I did live over there.” Then I told him, I says, “You are

under arrest, as I told you before, for investigation of a

homicide.”

I said, “Now, Mr. Richard Brown, I want to repeat what I

told you before.” At this time I told him again, “You have a

right to remain silent, you don’t have to make any statement

to us at all; anything you do say will be held against you

probably at a later time and date.” Also I told him he had a

right to have an attorney and the attorney could be present

before any questioning or any statement given. And

448-449 I also told him if he couldn’t afford an attorney one

would be provided for him and could be present

before any statement.

He was asked if he understood all the four points and he

stated he did. He said, “I want to tell you the truth. I had

nothing to do with any murder.”

So I asked him what he knew about the killing of Roger

Corpus. Mr. Brown stated that on the night in question, some-

time around midnight, he went over to Roger Corpus’ apart-

ment over on Monroe Street. He says as he arrived at the

apartment in the lower vestibule he saw another figure as he

was coming up the stairs. He says as he got into the hallway

and entrance he recognized the man that he identified as Jimmy

Claggett. He said they were talking together and Richard Brown

stated that at the time he, Richard Brown, had a gun in his

possession and he asked Claggett if he wanted the gun. He said,

“T have to get rid of the gun because of something I did.”

Mr. Kertsos. Objection, your

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