A motion to suppress the confession of a Waukegan man who faces up to 120 years in prison for the alleged sexual assault of a minor was denied Thursday in Lake County Circuit Court.
During the hearing on the motion, defense attorneys argued that Edwin Matute, now 27, was not properly given his Miranda rights prior to making statements to police in 2014. Matute took the stand and testified that he did not understand the proceedings following his arrest.
Matute faces five counts of predatory criminal sexual assault of a minor under the age of 13 and one count of aggravated criminal sexual abuse.
The charges against Matute relate to incidents that occurred between April 1 and July 20 of 2014, involving a victim known to him, according to authorities.
Prosecutors said the transcript of the police interview, which was in Spanish, and the testimony Thursday of the Waukegan police detective who interviewed him, clearly showed that he had been read his rights and indicated that he understood them.
After viewing a the videotaped interview of Matute, and hearing arguments from Assistant State’s Attorney Victor O’Block and defense attorney Gabriel Conroe, Judge James Booras denied the motion to suppress Matute’s statement.
Booras said he found that the defendant’s claims in court that he didn’t understand what was being told to him “lacking in veracity.”
Waukegan police Detective Andy Ulloa took the stand while the videotape of the July 2014 interview was played for about 40 minutes Thursday afternoon. He testified that he went to Matute’s workplace in North Chicago, and that Matute voluntarily went with Ulloa to the police station for the interview.
Matute would testify later Thursday through a translator that he was handcuffed and taken from his workplace to the police station. He said that in the police car on the way to the station, Ulloa “told me if I cooperated with him, he would help me.”
Matute said he was told that he would be back at work in about an hour.
According to an English Language transcripts of the video, which both the prosecution and defense agreed was accurate, Ulloa read Matute his Miranda rights and Matute responded “uh-huh,” “yes” or “yes, I understand” when the detective periodically paused and asked if he understood.
During the interview, Matute admitted to Ulloa that he had sex with a girl he cared about who he believed was 11 or 12.
“You’re having relations with her right,” Ulloa asked.
“Yes,” Matute responded.
“How many times,” Ulloa asked.
“I think three,” Matute said.
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“Was it voluntary? You didn’t force her or anything,” the detective questioned.
“No, Never,” Matute responded.
In arguments prior to the ruling, Conroe called the Miranda reading one of the most “bare-boned” instances of a reading of rights he had ever encountered.
Conroe said that Matute had no prior arrests of any kind and no previous experience with the legal system, and noted that on the videotape, immediately prior to being being read his rights, Matute said in Spanish, “I don’t know what this is about.”
O’Block said the videotaped interview clearly showed that Matute was read his Miranda rights and when asked if he understood, “he said yes and nodded” and that Matute’s claims that he didn’t understand were “ridiculous.”
Booras said whether or not Matute knew that “it is predatory sexual assault to have sex with a girl of this young age … ignorance of the law is no excuse.”
Booras set a status of trial hearing for Tuesday, at which time attorneys and the judge will schedule a trial date.
Matute has been in custody of Lake County Jail in lieu of $250,000 since his arrest.
In January 2016, Louis Pissios, a private attorney previously representing Matute, withdrew from the case, telling the judge that Matute does not believe that the offenses he is charged with should be a crime.
Pissios said he believed the state made a “very reasonable” plea deal offer to Matute to resolve the case, but Matute had maintained that he would not accept anything in excess of probation.
“He believes the offense should not be a crime. He has told me as much,” Pissios said at the time.