People v. Adams

606 N.E.2d 579, 238 Ill. App. 3d 733, 179 Ill. Dec. 747, 1992 Ill. App. LEXIS 1914
Procedural entryThis page is a short order in People v. Adams. Read the opinion of the Court — 242 Ill. App. 3d 830
Appellate Court of Illinois·Decided November 25, 1992·No. No. 1—90—2238·Published

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a bench trial, defendant, Judith Adams, an employee of the Secretary of State’s driver’s license division, was convicted of two counts each of bribery (Ill. Rev. Stat. 1987, ch. 38, pars. 33—1(d), 33—1(e)), official misconduct (Ill. Rev. Stat. 1987, ch. 38, pars. 33—1(d), 33—3(b), 33—3(d)), and conspiracy (Ill. Rev. Stat. 1987, ch. 38, par. 8—2), resulting from the sale of a fraudulent driver’s license at defendant’s place of employment on or about June 22, 1987. Defendant was tried concurrently with Eugene Richardson, who was her supervisor. She was sentenced to 30 months’ probation and required to forfeit her public employment.

On appeal, defendant asserts that (1) her out-of-court statements were improperly admitted; (2) the State failed to prove her guilty of conspiracy since there was no evidence that she ever agreed to the scheme; and (3) the State failed to prove her guilty of bribery or official misconduct since there was no evidence that she ever solicited or received funds she knew were intended to influence her performance of an act related to her employment. We reverse defendant’s convictions.

In March 1987, after receiving a tip from Andrea Harris, an informant, about fictitious drivers’ licenses allegedly being issued, the Illinois State Police initiated an investigation of the driver’s license testing facility located at 99th Street and Martin Luther King Drive in Chicago. Five special agents participated in the investigation by visiting the facility with Harris on various occasions in an attempt to obtain fictitious drivers’ licenses.

At trial, James Cokely, the operation’s admitted bagman, testified for the State in exchange for a probation recommendation on another conviction. He explained the license-for-sale scheme. After Richardson asked Cokely to assist in the scheme, Cokely met with Richardson, Harris, and Illinois State Police Special Agents Mary Woolery and Graylyn Simpson on April 8, 1987. At that time, Richardson took Cokely and Harris aside and told them that the price for a driver’s license would be $500.

On May 27, 1987, Cokely sold a fictitious driver’s license to Simpson. On June 4, 1987, Simpson telephoned Cokely at home and gave him information for another fictitious driver’s license. Four days later, Woolery and Simpson visited the facility and gave Cokely $500 and the information to be put on the license. Cokely gave the money and information to Richardson and received $75 for his assistance. After Simpson passed the written driving test, Cokely retrieved his application form from the vision counter, took him into the basement, filled out the back of the road test section, and told him to go upstairs to get his license.

On June 22, 1987, Woolery visited the facility with Special Agent Michael Cowling. Cokely took them to his car, where they gave him $500 and showed him the information for the license. Cokely took Cowling into the facility and brought him to Richardson. When Cowling later came to the road test area, Cokely had him sign the back of the application form instead of taking the road test. Cokely signed the application form and sent Cowling back into the building to get a driver’s license. When Cokely gave Richardson the $500, he received $75 in return.

Cowling testified that, on June 22, 1987, while wearing a body wire, he and Woolery visited the 99th Street and King Drive driver’s license facility. After meeting Cokely, they went to his car, where Woolery paid Cokely $500. When Woolery asked if they could pay less than $500, Cokely stated that he would have to speak with his superiors.

Cowling testified that Cokely took him into the facility through the back entrance and to the vision counter, where he was introduced to Richardson. After handing Richardson a piece of paper with the information for the fictitious driver’s license, Cowling followed Richardson into the lobby where applications are taken. From 50 feet away, Cowling saw Richardson speak with defendant, but he could not hear the conversation. Richardson then told Cowling to go to defendant to complete the application. Cowling stated that he saw defendant with the paper that Cowling earlier had given to Richardson.

Cowling testified that defendant requested identification from him three times. When he told her that he did not have any identification, defendant filled out the application with the information that Cowling gave her. At that point, Cowling spoke into his body mike, saying, “it is all confused.” Cowling testified that he had not expected defendant to ask for any identification because she had the paper with the information.

In order to fill out the application, defendant asked Cowling his name. When he gave the name, “Melvin Franklin,” defendant asked him to spell the name. She then asked for his address, birthdate, height, weight, glasses, and about his health. All the information that defendant filled out she obtained from Cowling. Defendant then asked Cowling for his social security number. After giving five numbers, Cowling told defendant that he could not remember the last four numbers. Defendant told him to make up some numbers. Defendant finished filling out the application and told Cowling to go to the cashier.

Richardson motioned to Cowling, gave him a completed written test, and told him to sit down and go through the motions. Cowling was then instructed to go outside to take the road test. Without taking the test, he was told by Cokely to go back inside to have his picture taken. Cowling then got his fictitious driver’s license in the name of Melvin Franklin.

Agent Frank Murphy, an investigator for the Secretary of State, testified that on January 29, 1988, he interviewed defendant, who identified the writing on the Melvin Franklin application as her handwriting and the voice on the undercover tape as her voice. Defendant told Murphy that she had filled out the application. When Murphy asked defendant how she was involved in that particular driver’s license, she replied that she filled out the information on the application with the information that Cowling gave her. She admitted that she did not see any identification from him.

Defendant told Murphy that she was periodically paid by Richardson and Eddie Jones to fill out information on applications. Usually, she was paid $50, but once Richardson gave her $100. She never gave any dates when she received money. On February 23, 1988, defendant was again interrogated by Murphy and gave substantially the same answers.

On cross-examination, Murphy testified that defendant stated that she had no knowledge of fictitious driver’s licenses, had no knowledge of any other employees receiving any money for giving any unauthorized assistance, and had never given or seen any employee give an improper exam. At the time of the Franklin application, Jones and Richardson were her supervisors, who sometimes ordered her to complete an application without proper identification. Defendant told Murphy that she completed the application without proper identification because she was afraid of being written up for insubordination by Richardson or Jones. Defendant also stated that she never saw any money exchanged and she was unaware of any money being exchanged.

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People v. Adams, 606 N.E.2d 579, 238 Ill. App. 3d 733, 179 Ill. Dec. 747, 1992 Ill. App. LEXIS 1914 (Ill. Ct. App. 1992).

606 N.E.2d 579 (People v. Adams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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