People v. Batson

587 N.E.2d 549, 225 Ill. App. 3d 157, 167 Ill. Dec. 280, 1992 Ill. App. LEXIS 130
CourtAppellate Court of Illinois
DecidedJanuary 29, 1992
Docket1-89-0264, 1-89-0365 cons.
StatusPublished
Cited by25 cases

This text of 587 N.E.2d 549 (People v. Batson) 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. Batson, 587 N.E.2d 549, 225 Ill. App. 3d 157, 167 Ill. Dec. 280, 1992 Ill. App. LEXIS 130 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendants William Batson and Arkee Chaney were found guilty of armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18—2) and aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12— 4). Defendant Batson was also found guilty of unlawful use of a weapon. (Ill. Rev. Stat. 1987, ch. 38, par. 24—1.) Defendant Batson was sentenced to concurrent terms of 20 years’ imprisonment for. armed robbery, five years’ imprisonment for aggravated battery, and four years’ imprisonment for unlawful use of a weapon. Defendant Chaney was sentenced to concurrent terms of natural life imprisonment for armed robbery pursuant to the Habitual Criminal Act (Ill. Rev. Stat. 1987, ch. 38, par. 33B—1), and 10 years’ imprisonment for aggravated battery.

The following issues are before this court for review: (1) whether the trial court erred when it admitted Joanne Hunter’s testimony, and permitted her testimony to be emphasized in the State’s closing argument; (2) whether the prosecutor’s remarks during opening statement and closing argument deprived defendants of a fair trial; and (3) whether the cumulative effect of the trial court’s admission of Joanne Hunter’s testimony and the prosecutor’s subsequent arguments based upon her testimony prejudiced the jury and denied defendants a fair trial. We affirm.

Defendants objected to three remarks made by the prosecutor during the State’s opening statement. First, defendants objected to the following statement:

“Good morning ladies and gentlemen. Cab Driver Slashed with Knife During Armed Robbery, that’s a headline we see in the news papers pretty often ***.***
That’s what these two individuals did on November 22, 1987.”

Next, the defense objected to the prosecutor’s statement that “Alia [sic] Batson, the defendant’s wife opened the back door while some officers went in the front door.”

Defendants also contend that they were prejudiced by the following remark:

“[Wilbert Jackson is] going to have to tell you that he earns a living driving a cab on the southside of Chicago at night.
He usually works from 7:00 p.m. to 7:00 a.m. ***. He’s going to tell you he’s 40 years old.”

Wilbert Jackson testified for the State. Jackson told the court that he was a taxicab driver who worked for the Fleet Cab Service, also known as the Boon Cab Company. Jackson testified that he worked between the hours of 7 p.m. and 7 a.m. Jackson stated that he was on duty and parked on South Michigan Avenue near 118th Street at 12:30 a.m. on November 22, 1987. Jackson testified that two men, whom he later identified in court as defendants, approached the cab stand. Jackson told the court that he then drove to the cab stand and beckoned Batson and Chaney.

Jackson testified that Batson and Chaney then entered the cab. Jackson stated that Batson sat directly behind him, while Chaney sat behind the passenger seat. Jackson maintained that Chaney told him to drive to Altgeld Gardens. Jackson told the court that he requested the $4 cab fare in advance, and that Batson and Chaney gave him the fare.

Jackson testified that when he reached Altgeld Gardens, he refused to drive defendants into the parking lot, and instead stopped the cab in the street. Jackson further testified that defendant Chaney held a butcher knife over his shoulder and instructed him to turn off the engine. Jackson testified that Chaney said, “We don’t want to hurt you, just give us the money.” Jackson maintained that Batson responded by saying, “Kill [him].” Jackson told the court that Chaney reached over the seat and attempted to turn off the ignition. Jackson testified that he then grabbed the knife, and that he and Batson struggled for the knife. As a result of this altercation, Jackson received numerous cuts on his hands. Jackson testified that Batson and Chaney then pushed him out of the cab onto the pavement causing his artificial leg to break. Jackson stated that while he was lying on the ground, Batson sat on his abdomen and Chaney kicked him in the face. Jackson became disoriented as a result of the beating, and Bat-son and Chaney left him lying on the ground. Jackson eventually got back into the cab and drove himself to Roseland Community Hospital. While driving, Jackson noticed that his keys and his wallet which contained $80 were missing.

Joanne Hunter testified for the State and corroborated Jackson’s testimony. Hunter was an employee of GEJ Security and was assigned to work as a “security officer” at Altgeld Gardens. Hunter testified that on November 23, 1987, she had a conversation with a woman who identified herself as Olleah Batson. Hunter testified as follows:

“THE STATE: Once again, you had a conversation with a female on November 23, 1987 at approximately 5:15, is that correct?
HUNTER: Correct.
Q. Did that person identify herself?
A. Yes.
Q. What name did she identify herself by?
A. As Alia [sic] Batson.
Q. Now, did you have a conversation with her after she came in?
A. Yes.
Q. How long did that conversation last?
A. No longer than 20 minutes.
Q. Who was present for that conversation?
A. My partner, Officer Eugene Irving.
Q. During that conversation did you ask the person who identified herself as Alia Batson any questions?
A. Yes.
Q. Do you recall the first question that you asked her?
A. The last thing I asked her was how did she know they had committed a robbery.
THE DEFENSE: Objection.
THE COURT: Overruled.
Q. How did she know there had been a robbery committed?
A. Right, —from by a cab driver, yes.
Q. Did you ask her any other questions?
A. Yes.
Q. What was the next question that you asked her?
A: I asked her [what time it happened].
THE DEFENSE: Judge, could I continue my objection?
THE COURT: Your objection is noted, and it is overruled.
Q. What was the next question you asked her?

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 549, 225 Ill. App. 3d 157, 167 Ill. Dec. 280, 1992 Ill. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-batson-illappct-1992.