Appellate court overturns ruling on reported hate crime confession

A purported confession from a former St. Charles man accused of spray-painting anti-Semitic and anti-gay messages on a South Elgin home is back in play after an Illinois appeals court reversed a lower court decision throwing out the incriminating statements.

In a 2-1 ruling, the Second District Appellate Court said a Kane County judge was wrong when he found that suspect Brandon D. Miller's rights were violated when police questioned him after he asked for a lawyer.

Although Miller, 22, did initially ask to have counsel present for questioning, the appellate court majority ruled that he later invited further interrogation when he began asking police questions about the case.

Miller, according to court documents, later agreed to waive his rights, answered questions and signed a written statement admitting he spray-painted the home.

"The defendant unquestionably invited discussion about the case," Justice Jack O'Malley wrote in the majority decision.

Justice Susan F. Hutchinson dissented, stating that Miller's question about his car was not an invite to further interrogation.

Miller's attorney called the ruling "a minor thing," noting that it only requires a Kane County judge to reopen a hearing on a defense request to bar the confession.

"I don't think they can prove this case anyhow," defense attorney William Gibbs said.

The Kane County State's Attorney's office said it will pursue the case as directed by the appellate court ruling.

Miller, who Gibbs said no longer lives in Illinois, faces charges of hate crime, criminal damage to property and criminal defacement stemming from the Aug. 5, 2006 incident. All four charges are felonies.