People v. Alvarez

542 N.E.2d 737, 186 Ill. App. 3d 541, 134 Ill. Dec. 391, 1989 Ill. App. LEXIS 816
CourtAppellate Court of Illinois
DecidedJune 6, 1989
Docket1-87-1164
StatusPublished
Cited by11 cases

This text of 542 N.E.2d 737 (People v. Alvarez) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Alvarez, 542 N.E.2d 737, 186 Ill. App. 3d 541, 134 Ill. Dec. 391, 1989 Ill. App. LEXIS 816 (Ill. Ct. App. 1989).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant appeals his conviction for murder and his sentence of 50 years’ imprisonment, raising the following issues: (1) whether the trial court erred in admitting into evidence the victim’s statement identifying defendant as his assailant; (2) whether the trial court abused its discretion in denying defendant’s motions for a mistrial; (3) whether defendant was denied a fair trial by the prosecutor’s statements during opening and closing arguments; (4) whether it was plain error for the trial court not to instruct the jury on voluntary manslaughter; and (5) whether the trial court abused its discretion in sentencing defendant to an extended term.

Defendant was charged with three counts of murder and one count of home invasion. At a pretrial hearing held after defendant objected to the State’s use of a police officer’s testimony that the victim had identified him, Chicago police officer Michael Fuith testified that on September 7, 1985, at 3:50 a.m., he and his partner responded to a call that a man had been stabbed at 1426 West Leland in Chicago. When they arrived at the scene, a group of people was supporting the victim, Donald Curry, who was bleeding profusely from the upper part of his body. Fuith stated that the victim was “angry and excited,” and that he identified defendant as his attacker. The other people present also indicated that defendant was the assailant. The police then transported the victim to the hospital, and on the way there the victim again stated that defendant had stabbed him “over a woman.” In the emergency room the victim continued to implicate defendant. On cross-examination, Fuith admitted that his reports do not make reference to having any conversations with defendant at the scene, in the police car or at the hospital. He claimed to have related these conversations to a detective, but there is no reference to the victim’s statements in the detective’s report. The trial judge ruled that he would not allow the victim’s statements in as dying declarations, but would admit them as excited utterances. He made a finding that there was an occurrence sufficiently startling to produce a spontaneous declaration, an absence of time to fabricate, and that the officer’s question of what had happened did not destroy the spontaneity of the declaration. The following day, prior to trial, the judge sua sponte modified his ruling to allow the State to present testimony as to only one of the victim’s statements identifying defendant, stating that “if one repeats the statement numerous times, it at some point becomes no longer a spontaneous declaration.” He allowed the State to choose which of the victim’s statements it would use, either that made when the police first arrived at the scene or his statement while being transported in the police car to the hospital.

At trial, Debra Carroll testified that she lived in a second-floor apartment at 1426 West Leland with her common law husband, Fred Hakanson, and their children. Fred’s brother Eric also resided in the apartment at the time of the stabbing. Carroll knew everyone involved in the occurrence. Elizabeth Bradley, a friend of Carroll’s, had been dating the victim for about two weeks, and defendant was “Bradley’s live-in boyfriend.” At approximately 3:30 a.m., on September 7, 1985, Bradley and the victim arrived at Carroll’s apartment. Carroll was asleep, but she heard Eric Hakanson, who was sleeping on a couch in the living room, answer the doorbell and she also heard the victim say “It is me, Don,” as he entered the apartment. Carroll remained in bed, and although she heard Eric lay on the couch, she did not know what the victim did or where he went in the apartment. Approximately 10 minutes later, Carroll heard “a shuffling noise” and she walked into the living room. There, she saw defendant bent over Bradley and the victim, who were lying on the floor, pulling a knife out of the victim’s chest. Carroll exclaimed “Oh, my God,” and defendant turned around, looked at her, then ran towards the back door. Carroll followed him to the back porch and watched him run through a gangway and into an alley. Carroll returned inside to alert the others that defendant was in the alley, then she grabbed a baseball bat and ran down the back stairs to the second-floor landing, where she encountered defendant. They struggled, and then defendant ran back into the gangway and into the alley. By the time she returned to her apartment, Fred and Eric had already helped the victim down to the front of the building. Approximately an hour later, she telephoned Fred at the hospital to tell him that defendant was standing across the street from their building. Upon Fred’s return a short time later, Carroll saw defendant motion “come on, come on” to Fred, who started to chase him. She later learned that defendant had been arrested. The victim died three days later.

On cross-examination, Carroll testified that when she heard the “shuffling” she did not hear yelling or things getting knocked over, and, although her two Labrador dogs were in the living room, they did not bark.

Officer Fuith testified that he and his partner transported the victim to the hospital, and on the way the victim kept repeating, “fucking Alvarez, he stabbed me, he fucking stabbed me over a woman,” and that “I was going out with his girl friend and he couldn’t handle it and the jealous little prick, he couldn’t handle it.” Additionally, Fuith stated that the victim indicated that defendant had stabbed him “in the apartment where he had been staying.” Fuith also testified that he had conversations with Fred, Eric and Bradley, both at the scene and at the hospital, and that after these conversations he sent a radio broadcast into his district to look for defendant. Defendant was apprehended later in the morning of September 7, 1985, after being chased by police.

Dr. Edmund Donoghue testified that he performed an autopsy on the victim, which revealed that he had suffered a deep stab wound to the upper left lobe of the lung, between the second and third ribs, a stab to the left lower lobe of the lung, a stab wound to the upper abdomen which perforated the left lobe of the liver, and superficial stab wounds to the chest, armpit and left arm, as well as various bruises and abrasions. He gave his opinion that the victim died of multiple stab wounds, and he disagreed with defense counsel’s suggestion that he died from liver failure and renal failure.

Dr. Michael Friedberg, the victim’s treating physician, testified that, but for his cirrhosis of the liver and portal hypertension, the victim would not have died from his stab wounds; on cross-examination, he stated that without the stab wounds, the victim would not have died when he did.

The jury found defendant guilty of murder, and the trial court directed a verdict in favor of defendant on the home invasion charge. After hearing factors in aggravation and mitigation, the trial judge sentenced defendant to an extended term of 50 years’ imprisonment, finding that the crime was “accompanied by exceptionally brutal and heinous behavior.” He now appeals his conviction and sentence.

Opinion

Defendant first argues that the trial court erred in allowing Officer Fuith to testify regarding the victim’s statements identifying him as his assailant.

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Bluebook (online)
542 N.E.2d 737, 186 Ill. App. 3d 541, 134 Ill. Dec. 391, 1989 Ill. App. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alvarez-illappct-1989.