People v. Harbach

Following a trial in the circuit court of Lee County, a jury found defendant, DeWayne V Harbach, guilty of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(d) (West 1996)). Defendant appeals his conviction and contends that the trial court erred when it denied his motion to suppress inculpatory statements that he purportedly made while in custody prior to the trial. We agree and reverse and remand.

The charge against defendant was based on allegations that, on December 1, 1994, in Lee County, defendant, who was 43 years old at the time, committed an act of sexual penetration with a young…