People v. Banks

609 N.E.2d 864, 241 Ill. App. 3d 966, 182 Ill. Dec. 330, 1993 Ill. App. LEXIS 62
CourtAppellate Court of Illinois
DecidedJanuary 25, 1993
Docket1-88-2647
StatusPublished
Cited by32 cases

This text of 609 N.E.2d 864 (People v. Banks) 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. Banks, 609 N.E.2d 864, 241 Ill. App. 3d 966, 182 Ill. Dec. 330, 1993 Ill. App. LEXIS 62 (Ill. Ct. App. 1993).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Following a jury trial, defendant Robert Banks was found guilty of three counts of armed robbery. The trial judge sentenced defendant to 20 years in the Illinois State Penitentiary. The alleged trial errors defendant asserts on appeal are: (1) that the prosecution’s systematic exclusion of blacks by peremptory challenges violated his constitutional rights; (2) that his statements to the assistant State’s Attorney should have been suppressed because they were taken in violation of his right to counsel and, therefore, were involuntary; (3) that he was not proven guilty beyond a reasonable doubt; and (4) that his 20-year prison sentence was excessive and should be reduced.

On June 6, 1986, at approximately 1:50 a.m., Diane Barrett and Joyce Branch were walking toward Joyce’s home. A friend of theirs, Michael Babuskow, saw them as he was driving by and offered them a ride home. On the way, they stopped for gas at the Shell station on 43rd by the Dan Ryan. Diane and Joyce remained in the car while Michael pumped the gas. According to their testimony, they were then robbed at gunpoint by four men. The robbers stole $13 from Michael, some jewelry from Diane, and eyeliner and glasses from Joyce. According to the victims’ testimony, Michael was knocked to the ground and beaten. The victims also testified that, at some point, the gas station attendant announced over the public address system that he had called the police. One of the robbers then threw a garbage can through the back window of Michael’s car and all four fled on foot.

Subsequently, the police presented the victims with “photographic arrays” and each identified defendant and his three codefendants, Gene Jones, Frank Williams, and O’Neal Johnson, as the robbers. An arrest warrant was issued for defendant based upon the photographic identification and he was arrested on August 22, 1986. Defendant was placed in a lineup that night and Joyce identified him as one of the robbers. Detective Kwilos informed defendant that he had been identified and read him his Miranda warnings. Defendant indicated he understood his rights and he expressly invoked his right to counsel.

Kwilos then informed Assistant State’s Attorney Barbaro that defendant was back in lockup and that he desired to speak to an attorney. Barbaro and Kwilos returned to the lockup to have a conversation with defendant. Both Kwilos and Barbaro testified that Barbaro informed defendant that he was not defendant’s attorney, that defendant had been identified in the lineup, and that he was probably going to charge defendant with armed robbery that night. Barbaro then went into an interview room across from the lockup to work on some paperwork. Defendant then asked Kwilos if he could speak to Barbaro. According to Kwilos and Barbaro, after Kwilos brought defendant to Barbaro, Barbaro again told him his Miranda warnings and explained to him that he was not his attorney. Defendant indicated that he understood his rights. Barbaro stated that defendant then asked several questions; specifically, he asked whether it would help him or hurt him to make a statement. Barbaro testified that he responded by saying that “[njobody likes a liar [and that] [hjonesty is the best policy.” According to Barbaro, defendant thought about it and “hemmed and hawed” but then decided to make a statement. After telling Barbare “what happened,” Barbare transcribed defendant’s statement. Defendant refused to sign the statement.

At trial, defendant testified that he was at the Shell station getting gasoline with several friends when he saw Michael Babuskow. He testified that he recognized Michael as one of about eight white men who had shouted racial slurs and attacked defendant and several of defendant’s friends three weeks earlier. Defendant testified that Michael had hit him with a stick during the racial incident. Defendant stated that when he saw Michael at the Shell station he became very upset and drove away without his friends. He parked his car around the block from the station and came back “to fight with Michael.” He stated that he ran up behind Michael and hit him and they both fell to the ground. He testified that he did not see his friends or the two women in the car. He then got up when he heard sirens, threw the garbage can through the back window of the car, and ran away. He stated he never had a gun. He acknowledged that his friends “might have been taking the women’s stuff,” but that he did not see the women or his friends.

Ted Griffin supported defendant’s testimony that several weeks prior to the alleged robbery he and defendant had been attacked in a white neighborhood by a group of white men shouting racial slurs. Griffin was unable, however, to identify Michael as one of the attackers.

All three of the codefendants, Jones, Williams, and Johnson, pleaded guilty and were sentenced to seven years in the Illinois Department of Corrections. Defendant requested a jury trial. Prior to trial he filed a motion to suppress his statement on the ground that it was taken in violation of Miranda because he had expressly requested to speak to an attorney. His motion was denied. Defendant was found guilty and sentenced to 20 years in the Illinois Department of Corrections.

I

Defendant’s first contention on appeal is that the State’s systematic exclusion of blacks from the jury through the use of peremptory challenges denied him equal protection of the law. The State contends that its explanations for striking the jurors in question properly were determined by the trial court to be race-neutral.

In Batson v. Kentucky (1986), 476 U.S. 79, 89, 90 L. Ed. 2d 69, 83, 106 S. Ct. 1712, 1719, the United States Supreme Court held that “the Equal Protection Clause forbids the prosecutor to [peremptorily] challenge potential jurors solely on account of their race.” The Batson Court set out an approach for analyzing an objection to the prosecutor’s exercise of peremptory challenges. First, defendant must make out a primet facie showing of purposeful racial discrimination in the State’s exercise of its peremptory challenges. (Batson, 476 U.S. at 96, 90 L. Ed. 2d at 87, 106 S. Ct. at 1723.) If in view of all relevant circumstances defendant sets forth his prima facie case, the burden then shifts to the State to articulate a “clear and reasonably specific” race-neutral explanation for each of its questioned peremptory challenges. (Batson, 476 U.S. at 98 n.20, 90 L. Ed. 2d at 88 n.20, 106 S. Ct. at 1724 n.20; People v. Harris (1989), 129 Ill. 2d 123, 184, 544 N.E.2d 357, 384.) A race-neutral explanation is one “based on something other than the race of the juror.” (Hernandez v. New York (1991), 500 U.S. 352, 360, 114 L. Ed. 2d 395, 406, 111 S. Ct. 1859, 1866.) Although this explanation “need not rise to the level justifying exercise of a challenge for cause,” the prosecutor will not rebut a prima facie showing by merely guaranteeing to the court that he had no discriminatory motive. Batson, 476 U.S. at 97-98, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723-24; People v. McDonald (1988), 125 Ill. 2d 182, 198, 530 N.E.2d 1351, 1358.

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Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 864, 241 Ill. App. 3d 966, 182 Ill. Dec. 330, 1993 Ill. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banks-illappct-1993.