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People v. Kenning10/28/1982
Rehearing denied November 23, 1982.
The defendant, Phillip Kenning, was involved in an automobile accident in Carbondale, Illinois, on November 9, 1980. He was taken to Memorial Hospital in Carbondale for treatment of a laceration on his head and he was interviewed by Carbondale police at the emergency room. In addition, police obtained his signature on a form releasing his medical records to police and on a form authorizing a blood-alcohol test. The defendant was subsequently charged in the circuit court of Jackson County with driving while under the influence of intoxicating liquor and illegal transportation of alcoholic liquor. His pretrial motions to suppress his oral statements and the results of his blood test were granted and the State appeals pursuant to Supreme Court Rule 604(a) (85 Ill.2d R. 604(a)).
At the suppression hearing, Carbondale Police Officer Charles Collier testified that when he arrived at the hospital, the defendant was resting on a cot in the emergency room. The officer said that he asked the defendant to sign the release of medical records form and the blood-alcohol test authorization. Collier testified that he started to read the release of records form aloud, but the defendant insisted that he could read the form himself. The officer also testified that he read the blood test authorization form to the defendant. According to Collier, he never told the defendant that the results of the blood test could be used against him in court. He did not tell the defendant that he had the right to speak with an attorney, nor did he warn the defendant that he had the right to have a separate blood test administered by a physician of his choice. The officer further failed to mention that there was a legal presumption of intoxication that could be used against him in court.
Collier recalled that the defendant was not under arrest when he signed the forms. He stated that he told the defendant that a blood-alcohol test was a "requirement" and that the police "like" to take such tests whenever there is a serious accident. Additionally, Collier testified that the defendant's girlfriend, Ms. Annette Teubert, read the consent and release forms to the defendant, told him he should sign the forms and pointed out the lines for the signatures.
Ms. Teubert's version of the events differed from that given by Officer Collier. She testified that she saw a nurse hand Collier a clipboard with papers on it. However, she stated that he refused to tell her what the papers were, refused to let her read them, refused to let the defendant read them and refused to read them aloud to the defendant. Ms. Teubert testified that the officer told the defendant that the forms were mandatory. She said that he explained to her that the forms were required because a pedestrian injured in the accident might die and because the pedestrian was being taken out of State, to St. Louis, for treatment.
Ms. Teubert recalled that because the defendant was not wearing his eyeglasses she tried to read the consent and release forms to him three times, but was interrupted twice by Officer Collier and once by a nurse. Eventually, she testified, Collier escorted her from the room. Collier denied doing so. She returned to the room because she feared that the officers were "deceitfully" trying to "force" the defendant to sign the papers. Ms. Teubert explained that she had spoken earlier to her father, an attorney, and he advised her that the defendant should be cautious about signing any documents that could be used against him in court. However, the defendant signed the documents despite his girlfriend's warnings, explaining to her that th
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