People v. Baisten

560 N.E.2d 1060, 203 Ill. App. 3d 64, 148 Ill. Dec. 463, 1990 Ill. App. LEXIS 1382
CourtAppellate Court of Illinois
DecidedSeptember 11, 1990
Docket1-87-2267
StatusPublished
Cited by33 cases

This text of 560 N.E.2d 1060 (People v. Baisten) 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. Baisten, 560 N.E.2d 1060, 203 Ill. App. 3d 64, 148 Ill. Dec. 463, 1990 Ill. App. LEXIS 1382 (Ill. Ct. App. 1990).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant Charles Baisten, a black, appeals his jury conviction for murder on two grounds, alleging (1) that he was deprived of a fair and impartial trial when the circuit judge erroneously found under the standards set forth in Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, that the State articulated legitimate, race-neutral reasons for exercising its peremptory challenges to exclude five black veniremen from the petit jury; and (2)-that the State failed to prove defendant guilty of murder beyond a reasonable doubt.

THE FACTS

A jury consisting of nine white and three black persons convicted defendant of murder, resulting in his being sentenced to a term of 40 years in the custody of the Illinois Department of Corrections. A summary of the voir dire follows a review of the evidence.

TRIAL TESTIMONY

Alan Anderson (Anderson), 24, testified that at about 4 or 4:30 in the morning of August 2, 1986, he, the victim Darren Turner (Turner) and four other friends drove to the G & B Barbecue at 103rd and LaSalle Streets in Chicago to pick up a carry-out meal for Anderson’s wife. They parked their car on the north side of 103rd Street, about 10 feet west of the barbecue stand. Anderson and Keith Beverly (Beverly) got out of the car and walked inside. Turner remained in the car with Clarence Cunningham (Cunningham), Darnell Smith (Smith) and Larry Jackson (Jackson). As he walked out of the stand with his food, Anderson noticed a crowd of approximately 30 people in the street, near the rear of his automobile, about 10 to 15 feet away from him. Lighting conditions in the street were good. Anderson then saw defendant, who was wearing a pair of blue jeans and no shirt, standing about 15 feet away from him against a lamp post, holding a gun in his right hand tightly against the back of his right thigh. After seeing the gun, Anderson touched Smith and Turner, who was standing about 10 feet away, closer to the south side of the street, and said “let’s go.” Then, having turned his back to Turner, Anderson heard a gunshot, “jumped” to the ground, and heard a second gunshot. He said the sounds came from the same direction in which only seconds earlier he had seen defendant standing with a gun.

Anderson saw Turner lying on the ground, wounded in the back of the head. He felt Turner’s pulse, then ran to the barbecue stand to call for an ambulance and police, who arrived before Anderson came back out. About 10 minutes after the shooting, the police interviewed him on the scene. He did not see defendant again until defendant was arrested and placed in a paddy wagon. Soon after the interview, Anderson was taken to police area headquarters to view a lineup, where he identified defendant, now wearing a tank top, as the man he had seen holding a gun.

Cunningham, 24, essentially corroborated Anderson’s testimony about the circumstances of the six friends arriving at the barbecue stand. He stated further that he remained in the car with Turner and Smith, while the others went inside. While they were waiting in the car, a woman named Lesa O’Neal (O’Neal), who according to Cunningham looked like a prostitute, walked past the car, eastbound on 103rd Street. Turner made some comments to her, then got out of the car and spoke to her again as they were walking. When O’Neal and Turner got to the corner, she walked across the street toward three men, spoke briefly to them, then walked back with them to where Turner was standing and slapped him across the face. In the meantime, Cunningham and Smith had gotten out of the car, and a fight broke out among O’Neal, Cunningham, Smith, Turner and the three other men. The fight then moved out into the street, where the number of people had grown to about 30 to 35. Cunningham kept hollering “let’s go” to Smith and Turner, beckoning them to leave.

Cunningham then noticed defendant leaning against a stop sign pole on the corner, “looking kind of funny.” The area was brightly illuminated by streetlights. Defendant was wearing gym shoes and a pair of jeans, but no shirt. His right arm was extended across his midsection, and with his left hand he held a black felt-like hat over his right hand, as if hiding something. Cunningham thought it might be a gun. At that time a man ran up to defendant and said, “Give me the gun, give me the gun.” Defendant did not give him anything and a few seconds later the man left.

Cunningham turned and began running toward the barbecue stand to find Anderson. After taking about five steps he heard two gunshots. Turning back to the middle of 103rd Street where he heard the shots, he noticed Turner lying on the ground, wounded. Cunningham then ran to the barbecue stand to call an ambulance, which arrived with the police in about three or four minutes. While being interviewed by the police on the scene, Cunningham noticed defendant leaning against the same pole on the corner of 103rd and Perry Streets, about 10 feet away. He no longer held the hat and was wearing a dark green tank top. After Cunningham pointed him out, the police arrested him, finding the hat tucked under his belt. Cunningham later identified defendant at a lineup.

Dr. Tae An, a Cook County medical examiner, performed an autopsy on the victim and determined that he died from a gunshot wound to the head.

Chicago police officer Stan Salabura came to the scene of the shooting in response to a radio call and was told by Officer Neal that a man and a woman who were involved in the incident were walking away eastbound on 103rd Street. The woman, O’Neal, broke and tried running away but was later apprehended in a gangway. She told Officer Salabura that defendant was the one who fired the gun which killed Turner. Officer Salabura also interviewed Cunningham, whose identification of defendant on the scene led to defendant’s arrest.

Chicago police detective William Storck testified that he also arrived at the scene in response to a radio call. He saw O’Neal sitting in a police car with Officer Salabura. She beckoned him to come over. Officer Storck then took her into his unmarked police car and had a conversation with her. After talking to her, he sent two flash messages over his radio about the offender, then five minutes later noticed defendant in a police wagon on the scene.

Chicago police officer Reynard James Ricks, assigned to the crime laboratory, administered a gunshot residue test on defendant at area headquarters approximately three hours after the shooting. Defendant did not tell him whether he was right or left handed, but stated that he had last washed his hands sometime the day before.

Chicago police officer Raymond Lenz, also assigned to the crime laboratory, was qualified as an expert in the field of forensic micro-analysis. He performed several tests on the samples taken from defendant’s hands and determined that the backs and palms of his hands had high levels of lead, barium and antimony. In Officer Lenz’s opinion, the very high level of these elements indicated that defendant had either fired a weapon or handled a recently fired weapon before the test.

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Cite This Page — Counsel Stack

Bluebook (online)
560 N.E.2d 1060, 203 Ill. App. 3d 64, 148 Ill. Dec. 463, 1990 Ill. App. LEXIS 1382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baisten-illappct-1990.