Judge excludes suspect's statement to police in abuse case

Do you know the difference between the truth and a lie?

Police officers, social workers, psychologists and prosecutors typically ask that question of a young child they believe may have been the victim of a crime.

Rarely do they ask the question of a teenager.

That Wheeling detectives asked it of a 16-year-old boy charged with molesting a child, suggested to Cook County Circuit Court Judge John Scotillo that police had doubts about his cognitive abilities.

That, along with expert testimony regarding what defense attorneys described as the boy's "low functioning mental capacity," prompted Scotillo to consent to a defense request to suppress Benigo Sanchez's statement to police following his arrest last year for criminal sexual assault.

However, Scotillo denied attorney James C. Bertucci's motion to quash Sanchez's arrest, saying that testimony from police officers and mother of the complaining witness provided "some evidence that a crime occurred and that the defendant committed the crime."

Testimony from medical experts weighed heavily in the ruling, Scotillo said, indicating that the most persuasive testimony came from a school psychologist who had described Sanchez's IQ as borderline, placing it between 62 and 70. The psychologist also testified that on academic achievement tests, Sanchez, now 17, consistently scored much lower than other students his age.

Scotillo also referenced testimony from psychologist Sharon Coleman, from Cook County Forensic Clinical Services. After interviewing Sanchez, reviewing his school records, police reports and other data, Coleman determined Sanchez had limited intellectual function and was unable to understand his Miranda rights. She also diagnosed him with a learning disorder.

"He indicated he was told he could go home if he 'signed the paper,'" said Coleman. "He said 'I signed the paper but I didn't go home.'"

Forensic clinical psychiatrist Dr. Monica Argumedo concurred with Coleman's assessment but went further, diagnosing him with "mild mental retardation."

At a prior hearing, Bertucci described the questioning of his client as a "perversion of procedure." He said that while the law allows juvenile defendants to confer with parents, police never allowed Sanchez to speak with his father, even though his father was at the police station during his son's questioning.

Scotillo referred to the defense allegation in his ruling saying, "clearly police officers frustrated the parents' attempt to confer with their child."

Both sides requested another status hearing before setting a trial date, with prosecutors indicating they wanted to look at the case again.

Sanchez remains in a juvenile detention facility on a $150,000 bond. He next appears in court later this month.