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Juvenile’s “confession” didn’t trigger new Illinois law against deceptive police tactics

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Illinois

Illinois on Thursday became the first state in the U.S. to ban police from lying or using deceptive tactics while interrogating minors.

Gov. J.B. Pritzker signed Senate Bill 2122 into law, prohibiting law enforcement from using deceptive tactics against those they are interrogating who are under 18 years of age. […]

The measure’s original sponsors, state Sen. Robert Peters and state Rep. Justin Slaughter, garnered bipartisan support for the bill that culminated in a near-unanimous vote to pass it in both houses during the spring legislative session. […]

Though few Americans realize it, police regularly deceive suspects during questioning to try to secure confessions, from saying DNA placed them at the scene of a crime to claiming eyewitnesses identified them as being the perpetrator. Detectives also can lie about the consequences of confessing, saying, for instance, that admitting responsibility is a quick ticket home.

* Today’s Tribune…

A 15-year-old freshman described how he ended up spending two nights in a juvenile facility for a Waukegan shooting that took place while he was playing basketball at Stevenson High School in Lincolnshire.

Martell Williams, a Waukegan High School student, was released from custody Friday after a dizzying two days in custody, during which he was charged with attempted murder and then cleared when family and friends presented proof that he could not be the person who shot a store clerk in the face on Feb. 4. […]

Williams said police told him that multiple people had identified him as the person in a security video who shot the dollar store clerk in the 2600 block of Grand Avenue. Last week, police had released the images and asked for the public’s help. Williams was taken into custody Wednesday.

* WGN…

Once in custody, Williams’ attorney alleges detectives immediately began working to get a confession.

“Try to bribe him with McDonald’s saying, ‘look. Just tell us you were there,” his attorney said. “They don’t even tell him about a shooting. ‘Just tell us you were there and we’ll have you home in ten minutes.’”

The terrified 15-year-old was charged with attempted murder and aggravated battery. He spent two nights in the Lake County Juvenile Detention Center before the case fell apart. Williams’ family proved that he was playing basketball for Waukegan at the exact time of the shooting.

* ABC 7…

He didn’t know what he was being accused of.

“They didn’t even tell him a shooting was involved,” said Kevin O’Connor, Williams’ attorney. “They just said, ‘Hey, it wasn’t your fault. Just tell us you were defending yourself. Just go ahead and tell us you were there and we will let you go home.’”

Wait. Isn’t this illegal? Well, kinda.

* To the law…

An oral, written, or sign language confession of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 102nd General Assembly shall be presumed to be inadmissible as evidence against the minor making the confession in a criminal proceeding or a juvenile court proceeding … if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception.

The law only applies to admissibility in court. There are no penalties for violation.

* Rep. La Shawn Ford addressed the incident on the House floor today…

When there is an injustice playing out like the situation with the 15-year-old Martell Williams, we must use it as a teachable moment to take positive action to change our ways. If you are not Black, you may never know what is like to be Black in society. If you’re not a male, you may never know what it’s like to be a Black man in society. But as a member of society, we can be sympathetic and listen with open hearts to one another’s struggles. Stories like this play out differently and lives and families have been destroyed and they have experienced financial hardships because of the color of a person’s skin. Martell is proof that doing the right thing and playing by the rules will not always guarantee justice. But he is also a great example that being in school, and doing the right thing is a great defender. So today I want to salute Martell for doing the right thing. So I hope that students all over see Martell Williams as a great example and a model citizen.

Martell’s situation is another eye opener and a teachable moment for all of us. It is not the first story we have heard or read. Thank you God, Martell didn’t have to spend years in jail fighting to prove his innocence, or killed for us to recognize that Black people have problems just being Black. I hope that we can support Martel and his family by giving them the love and mental health support they need to deal with the trauma that they are going through. Dropping the charges is just one thing, but it’s also just to make sure that the rest is cleaned from Martell’s background because he will have to live with them forever.

And just an example why we do what we do and why I come here as a state Rep., I want to thank this body for passing House Bill 434. It was championed by myself, Carol Ammons, Camille Lilly, Latoya Greenwood and Lisa Hernandez. It allowed for us in this state to immediately expunge arrest records when a person’s charge has been acquitted or dismissed. This is an example of why we have to change the way we do business in Springfield. And so that bill that we passed, we have a real life experience that we can play out right here. And I hope that the prosecutors and the state do everything they can to drop the charges, not only drop those charges, but clear the background of Martell Williams.

I want to thank you all for listening and I hope that we took it to heart and just know that a person’s struggle is not a complaint. A person’s struggle is a person saying ‘I want help.’ Thank you for listening.

Please pardon any transcription errors.

posted by Rich Miller
Wednesday, Feb 23, 22 @ 1:28 pm

Comments

One word covers every arrested conversation with Police…Lawyer.

Comment by Dotnonymous Wednesday, Feb 23, 22 @ 1:34 pm
I’ll always think of The Wire, when it comes to this. Using the copier/fax machine as a lie detector.

Comment by Almost the Weekend Wednesday, Feb 23, 22 @ 1:39 pm
The world has dramatically changed since the time the legislature passed this bill. No one will be campaigning in November on let’s make it easier on criminals.

Comment by Sue Wednesday, Feb 23, 22 @ 1:44 pm
So not illegal but even if he confesses, it’s not admissible and can’t be used as evidence. What about fruit from the confession? If he confesses then says he left his shoes in the oak tree and they go and find his shoes there, can they use that evidence or is it fruit of the poisoned tree?

Cause only if that’s the case will law enforcement actually abide. If that behavior absolutely guarantee the suspect to walk, tactics will change.

Comment by cermak_rd Wednesday, Feb 23, 22 @ 1:46 pm
What kind of person do you have to be to try to bully and lie to a kid to get a false confession? This should not only be inadmissible, there should be penalties for engaging in it. Complete scum.

Comment by Excitable Boy Wednesday, Feb 23, 22 @ 1:47 pm
===let’s make it easier on criminals===

Yeah, a 15 year old kid playing basketball for his high school gets lied to and scooped up and held for 2 days even though he had a concrete alibi. Just another criminal.

As Wordslinger would say, see you in church.

Comment by Rich Miller Wednesday, Feb 23, 22 @ 1:47 pm
Sounds like lazy police work. I understand these tactics sometimes result in confessions, but they also can result in great injustice too. Like this case.

This should cost Lake County and Waukegan some serious cash. Wish cops had to pay part of that too. Chicago spent enough on police misconduct claims in the last decade or two to erase a big portion of the deficit in the police retirement fund.

We need more accountability.

Comment by Anonymous Wednesday, Feb 23, 22 @ 1:48 pm
Sounds like Sue is fine with being thrown in jail for 2 days for no reason. Always amazed at this line of thought. As an aside, I eagerly look forward to Tom DeVore taking this case to protest the government’s actions in depriving this kid his freedom in violation of his substantive and due process rights. Beginning to hold my breath….now.

Comment by Anon324 Wednesday, Feb 23, 22 @ 1:51 pm
===This should cost Lake County and Waukegan some serious cash. Wish cops had to pay part of that too.===

If he can prove the officers were sufficiently trained in the new law (e.g. training bulletins, roll call discussions, etc.) they probably can get some punitive damages. Officers have to pay those out of pocket.

Comment by Leslie K Wednesday, Feb 23, 22 @ 1:56 pm
what a predicament. torn between pulling a dem primary ballot to vote against granules or a republican primary ballot to vote against Bailey.

Comment by Blue Dog Wednesday, Feb 23, 22 @ 1:56 pm
sorry . wrong post

Comment by Blue Dog Wednesday, Feb 23, 22 @ 1:58 pm
=No one will be campaigning in November on let’s make it easier on criminals.=

Maybe not but I imagine most folks want to know they got the right Criminal and not just the most gullible or in this case an innocent youth. Just sayin

Comment by Mason born Wednesday, Feb 23, 22 @ 1:59 pm
I am anon at 1:48.

In addition to Obama’s cookies, Darren Bailey apparently are mine too.

Comment by 47th Ward Wednesday, Feb 23, 22 @ 2:02 pm
“I am going to remain silent. I would like to speak to an attorney.” That’s ALL anyone should ever say to a cop. I made my kids rehearse it.

Comment by Formerly Unemployed Wednesday, Feb 23, 22 @ 2:04 pm
What Sue is fine with is not seeing teenagers hijacking’s vehicles and endangering totally innocent motorists. My comment was solely pointing out that the Democrats are running as fast as they can away from beating up on police and supporting the lunatic DA’s letting criminals lose to reoffend

Comment by Sue Wednesday, Feb 23, 22 @ 2:06 pm
==The world has dramatically changed since the time the legislature passed this bill. No one will be campaigning in November on let’s make it easier on criminals.==

Probably not, but I could absolutely see someone using this story as part of a platform for holding public servants accountable for their actions.

Comment by Fixer Wednesday, Feb 23, 22 @ 2:07 pm
= The law only applies to admissibility in court. There are no penalties for violation. =

Why is there no punishment for violating the law? If we create a law regarding professional standards for police officers, then when they knowingly violate that law, there should professional consequences. In the absence of punishment, there is no prohibition against the very acts that are declared illegal.

Beyond restoring Martell and his family, legislatures should look to restoring the police profession when officers knowingly violate laws designed to protect citizens.

Comment by H-W Wednesday, Feb 23, 22 @ 2:09 pm
First, I feel for the kid, second as I tell my kids never, never, never talk to the police, and always ask for an attorney.

I would say if the alleged statements of the police really were …
“Hey, it wasn’t your fault. Just tell us you were defending yourself. Just go ahead and tell us you were there and we will let you go home.’”

That is not necessarily deception – it is more enticement and encouragement to get him to provide more information. He was innocent so he didn’t give them what they wanted.

Comment by Donnie Elgin Wednesday, Feb 23, 22 @ 2:17 pm
I’m sure you won’t hear a peep out of the White Caucus on this one.

Comment by Precinct Captain Wednesday, Feb 23, 22 @ 2:21 pm
Thanks for the post, Rich. I was wondering whether the new law applied.

I once had a teacher who talked to us about what to do if we were questioned by police. He was a Hispanic teacher teaching Spanish to a class of mostly white seniors. I don’t think we were the ideal target audience, but it always stuck with me. I’m sure if something like that were required to be taught it wouldn’t go over well, but I’m grateful it was taught to me.

Comment by Sox Fan Wednesday, Feb 23, 22 @ 2:22 pm
Pass a law that says you can’t do something… and the police don’t follow that law (in this case, hopefully not many others). Put a 15 year old in detention for 2 days, despite a clear and verifiable alibi. Commenter suggests this is not the time to be soft on crime and criminals. This kid’s “crime” is only being a young black boy - not even a man. This kind of stuff sickens me.

Comment by Lincoln Lad Wednesday, Feb 23, 22 @ 2:34 pm
If it was Sue’s child or loved one she would have a sign saying don’t tread on me. There should be some kind of fine/penalty for cops who do this

Comment by westside man Wednesday, Feb 23, 22 @ 2:36 pm
==What Sue is fine with==

I think you should probably just stop talking now because you’re only making yourself look worse.

Comment by Demoralized Wednesday, Feb 23, 22 @ 2:53 pm
==is not seeing teenagers hijacking’s vehicles==

This teenager didn’t do anything wrong. So maybe you might want to comment on the egregious way the police acted in this instance. Do you have any comment on that? Because if you don’t you should probably just keep your mouth shut.

Comment by Demoralized Wednesday, Feb 23, 22 @ 2:54 pm
==My comment was solely pointing out that..==

You comment pointed out that you are clearly okay with police abusing their power over a child more so than the well being of the communities they’re supposed to be serving and protecting. There needs to be accountability for behavior like this within the ranks.

Comment by Fixer Wednesday, Feb 23, 22 @ 2:55 pm
I can’t get to the Trib story because I’m not a subscriber, but neither of the other linked stories actually say that the kid confessed; they seem to go out of their way to avoid saying whether he confessed. Nor do they clarify what basis the cops used for holding the kid. If it wasn’t a confession, then the state interrogation law is pretty much a nullity.

Comment by duck duck goose Wednesday, Feb 23, 22 @ 2:59 pm
you want identification of criminals….see much work on line by civilians in the insurrection incident….but you want to get the right person who did the crime. because of fairness. and because getting the person who did the crime gets justice for the victim/s and most often helps secure safety for the public. justice and safety are high in mind right now with the public.

Comment by Amalia Wednesday, Feb 23, 22 @ 3:07 pm
It’s a pretty good test to one’s beliefs to fairness and justice… what happened to the 15 year old is wrong, no two ways about it, no whataboutisms, no “soft” to crime…

It’s wrong.

Comment by Oswego Willy Wednesday, Feb 23, 22 @ 3:08 pm
Oy… I get so sick of reading about these police tactics. It’s simply BS…it’s wrong. PeriShe.

To the police: you’re not doing yourselves any favors by behaving this way. This is why, in part, people scream about defunding the police. I don’t subscribed to that movement and recognize the good police do, but get your acts together. And, also, there need to be serious consequences for engaging in this sketchy, what should be, unlawful behavior. Poor kid…was playing basketball all along…Smh.

Comment by Yiddishcowboy Wednesday, Feb 23, 22 @ 3:34 pm
Did I miss it in the articles, how did Martell even end up as a suspect? What work/evidence was even undertaken before arresting an individual?

Comment by Anonymous Wednesday, Feb 23, 22 @ 4:23 pm
“What Sue is fine with…”

I know that actual guilt has never been a top concern with police or state’s attorneys — arrests and convictions über alles — but maybe focusing on that would help address crime.

Might be worth a try.

– MrJM

Comment by MisterJayEm Wednesday, Feb 23, 22 @ 5:16 pm
I am from a police family, one grandfather a former Texas Ranger and sheriff, another grandfather who was an officer in southern Indiana, three cousins, a son, and three nephews who are or recently were municipal police officers. The treatment of this young man is BS. These so called “detectives” looking for an easy conviction should be disciplined if not fired. Maybe the chain of command as well. This is Illinois and the United States in 2022, not Mississippi in 1950. This is outrageous.

Comment by Motambe Wednesday, Feb 23, 22 @ 7:05 pm