People v. Dubanowski

Defendant, John Dubanowski, was charged with the murder of his mother. The trial court granted defendant’s motions to suppress wiretap recordings of a conversation with his wife in which he admitted the killing and to bar the use of the recordings or of testimony as to their contents at trial. Pursuant to Supreme Court Rule 604(a)(1), the State appeals. It contends that the trial court incorrectly applied the marital privilege to exclude admissions made by defendant to his wife.

On August 24,1976, defendant and his wife, Fern Dubanowski, were separated. On that day, Fern informed an officer of…