People v. Antonio

935 N.E.2d 540, 404 Ill. App. 3d 391, 343 Ill. Dec. 532, 2010 Ill. App. LEXIS 901
Appellate Court of Illinois·Decided August 30, 2010·No. 1-07-2757·Published·Cited by 2 cases

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

Here, we revisit whether a defendant’s right of confrontation was abridged by a pathologist’s testimony narrating the examinations and observations of nontestifying experts. Following a jury trial, defendant, Armando Antonio, was convicted of involuntary manslaughter and concealment of a homicidal death and subsequently sentenced to terms of 14 years’ imprisonment and 5 years’ imprisonment, respectively. Defendant now appeals contending: (1) his right to confront witnesses was denied; and (2) he was prejudiced by the introduction of other crimes evidence. For the reasons that follow, we affirm.

BACKGROUND

The charges against defendant stemmed from the disappearance of Elvia Torres-Bahena. As defendant’s claims of error do not hinge upon the sufficiency of the evidence, we confine our review of the facts to those necessary to convey an understanding of the cause and our resolution of the appeal.

Elvia Torres-Bahena was last seen or heard from on June 28, 2002. At that time, she was in the midst of attempting to bring her son to Chicago from Mexico. Beginning in May of 2002, Elvia lived with defendant. According to Elvia’s mother, Antonia Bahena Martinez, defendant had arranged to travel to Mexico on July 5, 2002, to accompany Elvia’s son, Marcos, back to Chicago. This was planned despite the fact that the boy lacked a visa to enter the country. Antonia last spoke with her daughter on June 28, 2002. Though the two of them spoke often, Antonia did not hear from Elvia again after the conversation.

In turn, Antonia contacted her sister-in-law, Maria Bahena, who lived in Houston. Maria agreed to come to Chicago to report Elvia missing. She was accompanied by a police officer to the apartment Elvia shared with defendant at 2711 South Tripp in Chicago. The police officer entered the apartment through a window and allowed Maria inside the apartment. Maria observed women’s shoes and clothing, luggage, and photographs of unknown individuals. Thereafter, Maria filed a missing person’s report and returned to Texas.

The manager of the building testified that he last saw Elvia when he went to collect rent from defendant. Thereafter, he did not see defendant for about a month, when defendant indicated he had left “the young lady” and that it was likely she was with another man.

On August 12, 2002, defendant was interviewed by Detective Doreen Velasquez at his workplace. Velasquez described defendant as “fidgety and nervous” during the conversation. He was asked about the last time he saw Elvia. Defendant responded that they had ended their relationship in June 2002, and he then went to Mexico for approximately one month in order to visit his mother and his “real girlfriend.” Defendant theorized that because Elvia possessed keys to his apartment, she might have moved during his trip to Mexico.

Defendant denied having arranged to accompany Elvia’s son to Chicago. He claimed it was, in fact, a man from Minnesota who was involved in that plan. Furthermore, defendant suggested, “[P]erhaps [the man from Minnesota] did something to [Elvia], too.” Several times during the interview defendant indicated he was nervous about the possibility of deportation. However, nothing defendant said raised Detective Velasquez’s suspicions and he was not arrested at that time.

Defendant was ultimately arrested on an unrelated traffic stop on December 9, 2002. He was taken into custody by Detective Sam Dickerson of the fugitive apprehension unit. When Dickerson conducted a custodial search of defendant, he recovered two money order receipts for $700 and $800. They were made out to defendant and Usted “Miss Torres” as the payor.

Following his arrest by Detective Dickerson, defendant was interviewed on December 10, 2002, by Detective Maria Pena. Defendant maintained he last saw Elvia on June 28, 2002, before he left for a vacation in Mexico. Upon his return, he discovered she was gone and he discarded her remaining belongings. Defendant offered the possibility that Elvia fled the country with the $5,000 he purportedly gave her to purchase a vehicle. Defendant denied speaking with Elvia’s family or agreeing to pick up her son in Mexico. Moreover, defendant believed his refusal to accompany Elvia’s son might have caused her to be angry with him. When asked about the money orders, defendant claimed they were in payment of a debt owed to him by Elvia. He did not explain the nature of the debt.

Despite initially denying that he had access to a computer, a search of defendant’s living quarters uncovered a desktop computer. The following day defendant was confronted with this discovery. Thereafter, he consented to a search of the computer.

During a subsequent discussion, defendant told Pena he had not been truthful previously and now wanted to tell her about Elvia. Defendant explained that, on or about June 26, 2002, he and Elvia discussed traveling to Mexico to retrieve her son. The two of them drove to the border between the United States and Mexico. On arriving at the border, they paid a “coyote” — a person who could get people across the border illegally — $700 to get them into Mexico. The coyote rode in the car with them. Along the way they were attacked, beaten, and robbed. Defendant and Elvia agreed to return to the United States because they no longer had any money. The only way to get back was to swim across a river. As they swam, the currents became “very rough and high” and defendant lost Elvia. According to defendant, once he reached the shore he walked to a nearby home and asked for dry clothes. He then hitchhiked to his parents’ home. He spent a couple of days with his parents, went sightseeing, and then returned to Chicago. Upon his return to Chicago, defendant threw Elvia’s possessions in the garbage.

Following this interview, Pena spoke with Detective Lerch concerning the contents of defendant’s e-mails. Pena informed defendant the e-mails were not consistent with his version of events. Specifically, one message, between Elvia and her friend, indicated she was happy and excited about defendant going to Mexico to get her son. Elvia was looking forward to their arrival in Chicago, which she anticipated to be some time in July. Following this confrontation, defendant asked for a cigarette and again told Pena he would tell her the truth.

Defendant described an argument with Elvia that started because defendant no longer wished to go to Mexico to bring her son back. The argument took place in the bedroom of the apartment at 2711 South Tripp in Chicago. According to defendant, Elvia was insistent that he go to Mexico. Defendant pushed her. Elvia fell and struck her head on a piece of furniture. Defendant then called her name several times. When Elvia did not respond, he checked for a pulse, but did not find one. He saw blood coming from Elvia’s nose. Defendant wiped the blood away and then carried her to his van. Pena denied that defendant ever told her that what happened was an accident.

Defendant drove around for a while, knowing he had to discard the body. He parked in the area of the 700 block of Kilbourn in Chicago. Defendant spent 20 to 40 minutes considering his options. He decided to discard Elvia’s corpse in the sewer.

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People v. Antonio, 935 N.E.2d 540, 404 Ill. App. 3d 391, 343 Ill. Dec. 532, 2010 Ill. App. LEXIS 901 (Ill. Ct. App. 2010).

935 N.E.2d 540 (People v. Antonio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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