People v. Anderson

601 N.E.2d 831, 234 Ill. App. 3d 899, 176 Ill. Dec. 133, 1992 Ill. App. LEXIS 1364
Appellate Court of Illinois·Decided August 31, 1992·No. 1-88-1901·Published·Cited by 12 cases

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

A jury convicted defendant Marrion Anderson of the murder of decedent Maurice Leveston, possession of a stolen motor vehicle and robbery. The circuit court sentenced defendant to 60 years’ imprisonment. Defendant appeals his conviction and sentence arguing that (1) he was not proven guilty beyond a reasonable doubt; (2) the voluntary manslaughter instruction violated his due process rights by erroneously stating the burden of proof on the findings of unreasonable belief of self-defense and sudden intense passion; (3) his fourteenth amendment rights were violated when the circuit court barred decedent’s former roommate’s testimony; (4) the circuit court improperly admitted photographs of decedent and his organs; (5) the State argued facts not in evidence, improperly shifting the burden of proof and usurping the jury’s function by referring to decedent as “victim” after the circuit court’s admonishment not to do so; (6) the circuit court abused its discretion in sentencing him to an extended term of 60 years; (7) the State violated his due process rights by failing to inform him of lost evidence; and (8) he was denied effective assistance of counsel because defense counsel failed to request an instruction regarding the inference of the State losing evidence.

Prior to trial, the State moved to preclude the testimony of the decedent’s former roommate. Defendant indicated that the former roommate would testify that decedent had, on previous occasions, invited young males to his apartment, taken them into his bedroom and shut the door. The circuit court granted the State’s motion in limine to bar this testimony.

David Carroll testified on behalf of the State that he was a coworker of decedent. Carroll testified that decedent was scheduled to work on March 26 and 27, 1986. Decedent did not come to work on either of those days. After several unsuccessful attempts to reach decedent, Carroll contacted decedent’s brother, Bobby Leveston. Carroll also explained that he had been at decedent’s apartment the previous Saturday and it had been neat, clean and organized. Carroll further testified that he had never seen anyone but decedent drive decedent’s Cadillac. Carroll acknowledged that he was aware of decedent’s homosexuality.

Next, Bobby Leveston testified that on March 25, 1986, at approximately 6 p.m., he telephoned decedent and invited him over to dinner. Decedent had declined, stating that he was going to stay at home and relax. Later that same evening, Leveston tried unsuccessfully to contact decedent by telephoning his home 15 to 20 times. On the morning of March 27, 1986, Carroll informed Leveston that decedent had not reported to work. Leveston went to decedent’s apartment, but no one answered the door. Leveston told his aunt, Airlane Jedkins, who raised decedent, about the situation.

Robert Haynes, an engineer at Granville Beach Condominiums, testified that on March 26, 1987, at about 11 a.m., he received a telephone call from Jedkins. Jedkins stated that she had not heard from her son, decedent. Haynes testified that he and Bert Castillo, the building janitor, went to decedent’s apartment. Haynes did not notice anything unusual in the hallway or around decedent’s apartment door. When Haynes entered decedent’s apartment, he observed the apartment was in disarray and some clothing covering someone in the middle of the living room. Haynes crossed the living room and shut a window. Then, Haynes said, “Hey, buddy, don’t you think you ought to get up.” After receiving no response, Haynes noticed a pillow over the person’s head and a brown robe around the waist area. The body was naked. Haynes testified that decedent’s hands were tied behind his back and full of excrement, as was the robe. Also, there was a wire tied to one leg. Haynes lifted the pillow off decedent’s head and saw a belt around decedent’s mouth and a bruise on his forehead. Since Haynes did not detect any signs of life, he replaced the pillow, locked the apartment and telephoned the police. Castillo’s testimony corroborates this testimony.

Detective David Ryan arrived at the scene and found it as described above. Ryan notified decedent’s brother, Fred Brown, who informed him that decedent parked his Cadillac at 6030 North Sheridan Road. Ryan went to the garage, and the manager told him that decedent’s car was gone. All police in the city and the suburbs were given a description of the car along with the registration information.

Officer Susan Sherran testified that while on duty on March 29, 1986, she was on 30th Street and Kedzie Avenue and observed a four-door silver Cadillac approaching. Sherran recalled the description of decedent’s car so she followed the Cadillac. The Cadillac pulled into a gas station. The Cadillac’s license plate matched that of decedent’s car. Sherran identified defendant as the driver of the Cadillac. The four occupants of the car were arrested.

Detective Thomas Sappanos testified that on March 29, 1986, he read defendant his Miranda warnings in an Area 6 interview room and that defendant indicated that he understood them. Defendant told Sappano that his girl friend, Linda Stevenson, who lived at 6141 North Sheridan Road, gave him the car as a reward for having sex. There was no building at 6141 North Sheridan Road nor was Linda Stevenson listed as a tenant at any building near the “fake” address. Sappanos then drove to 6171 North Sheridan Road, and using the keys which were taken from defendant at the time of his arrest, opened the door of decedent’s apartment.

Herman Kluth, a fingerprint identification expert for the Chicago police department testified that on April 17, 1986, he compared the latent evidence from decedent’s car to defendant’s inked fingerprint impressions. Defendant’s fingerprints were found on the car door, and his right palm print was found on the car. On April 24, 1986, Kurth identified defendant’s fingerprints on the General Electric clock and a white plastic container found in decedent’s apartment.

Dr. Barry Lifschultz performed the post-mortem examination on decedent on March 28, 1986. Lifschultz testified that there was bruising on the insides of decedent’s lips, which was consistent with the pressure from the belt being tied around the face, but Lifschultz could not rule out the possibility that the bruising was caused by a punch. Decedent, however, was alive when he sustained the lip injury. There was also an abrasion on decedent’s right forehead and on the left chin. Decedent’s hands were tied behind his back with an electrical cord, which resulted in minimal hemorrhaging. Lifschultz could not rule out the possibility that the reason there was minimal hemorrhaging around the wrists and ankle was because they were bound after decedent was dead. There was hemorrhaging in the lining of the voice box and into the muscles covering the voice box. There was a bite mark on the tongue, which is often caused by strangulation, and hemorrhaging under the surface of the tongue. Further, Lifschultz determined that the cause of decedent’s death was strangulation. To cause death in this manner, pressure would have had to be applied against the veins in the neck for approximately three to five minutes. Lifschultz also testified that there was no evidence that decedent had been sexually assaulted.

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People v. Anderson, 601 N.E.2d 831, 234 Ill. App. 3d 899, 176 Ill. Dec. 133, 1992 Ill. App. LEXIS 1364 (Ill. Ct. App. 1992).

601 N.E.2d 831 (People v. Anderson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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