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updated: 12/7/2012 4:00 PM

Carpentersville hammer attack suspect wants police statements barred

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A 28-year-old Carpentersville man accused of beating a woman with a hammer, raping her 8-year-old daughter and stabbing her dog wants to prevent his statements to police from being allowed in court.

Daniel Happ, of the 1600 block of Seminole Drive, has been held on $3 million bail after his March arrest on charges of attempted murder, criminal sexual assault and animal cruelty.

A judge ruled Happ fit to stand trial after a psychological evaluation was done in the summer.

But Assistant Public Defender Eun Yoon has argued in court papers that Happ's oral and recorded statements to police should not be allowed. Yoon argues that Happ had been drinking on the day of the attack, experienced a "blackout," and also says he is bipolar and manic depressive and had not taken his medication for at least two days before his arrest.

Yoon argues that a defendant may waive the right to remain silent only if it is done "intelligently and voluntarily. " Even though police say Happ signed a form acknowledging he was read his Miranda rights, a judge must look at the totality of the circumstances as to whether the confession should stand.

"He consumed alcohol on the date of his arrest. He had not had any sleep for a period (of) time when he was interviewed by Carpentersville police. He was not taking his psychotropic medicine for two days," Yoon argues in her motion.

Attorneys are due in court on Feb. 6 to set a date to argue the motion before Judge Marmarie Kostelny. Happ pleaded not guilty in October.

At 12:53 a.m. March 7, police responded to a disturbance at a home on the 1200 block of Brookdale Drive. They found a 23-year-old woman unconscious from being hit repeatedly in the head with a hammer, an 8-year-old girl and the injured dog, police said. Happ threatened to beat the girl with a hammer as he sexually assaulted her, according to court records.

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