Appeals court allows Degorski confession in Brown's case

A jury will be allowed to view a portion of the short videotaped confession by the second man charged in the 1993 Brown's Chicken murders.

In a 2-1 decision announced Monday, an appellate court overturned a ruling by a circuit court judge who threw out the videotape, saying the suspect's Miranda rights were violated.

The appellate judges ruled James Degorski, who is charged with seven counts of capital murder in the slaying inside the Palatine restaurant, had been read and reread his constitutional rights and understood he had rights to an attorney and to remain silent.

The appellate judges disagreed with the circuit court ruling that Degorski should have been reminded of his rights -- again -- before videotaping began.

Case law says Miranda rights must be re-read if the warnings have "grown stale."

After being warned of his constitutional rights about 10:30 p.m., Degorski gave statements for about seven hours. He also slept for about eight hours before giving his statement the next afternoon. During that lapse, he was given "reminders" about his rights, according to testimony in the case.

The tape in question, from June 2002, begins with then-Assistant State's Attorney Michael McHale asking Degorski if he's been advised of his constitutional rights.

Degorski agrees he has.

McHale then says, "Jim, I talked to you earlier and you told me about the homicidal deaths of the seven individuals.

"And at that time you told me in summary that you and Juan Luna planned a robbery at the Brown's Chicken in Palatine. And that during the robbery you shot two people in the cooler and Juan shot the other five and stabbed the lady. Money was taken and was split up between you later. Is that correct?"

Degorski says, "Right."

McHale then reads Degorski his Miranda rights and asks if he would like to talk.

"Not really," Degorski replies, adding he'd rather "just say it in court."

The appellate judges now will send the matter back to the circuit court judge, for him to determine how much of the videotape to allow.

The state has agreed a jury should not see the part where Degorski attempts to exercise his right to remain silent.

Both sides in the case are under a court-imposed gag order and cannot make public comments on the matter.

Co-defendant Juan Luna was convicted of the murders and is serving a life sentence. His 45-minute videotaped account of the killing spree -- given the same day as Degorski's videotaped statement -- played a significant role in his conviction.