People v. Beamon

572 N.E.2d 1011, 213 Ill. App. 3d 410, 157 Ill. Dec. 547, 1991 Ill. App. LEXIS 658
CourtAppellate Court of Illinois
DecidedApril 26, 1991
Docket1—88—0995, 1—88—2669 cons.
StatusPublished
Cited by13 cases

This text of 572 N.E.2d 1011 (People v. Beamon) 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. Beamon, 572 N.E.2d 1011, 213 Ill. App. 3d 410, 157 Ill. Dec. 547, 1991 Ill. App. LEXIS 658 (Ill. Ct. App. 1991).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendants, Alfred Beamon and Quinton Moore, were tried together by separate juries. Both were convicted of murder, residential burglary and armed violence and sentenced to 80 years’ imprisonment.

Both defendants contend that the judge erred in denying their motions to suppress their statements, that the State made prejudicial arguments to the jury and that their sentences were excessive. We have determined that no reversible error occurred during the State’s argument and that the sentences were not excessive. We have also determined that this case must be remanded for a new hearing on the defendants’ motions to suppress their statements.

William Brown, the great-grandson of the deceased, Robert Moody, lived with Moody in a basement apartment before December 1986. His mother, Sandra Jones, lived with his sister, Kiesha Merritt, in the ground-floor apartment. The defendants were neighborhood friends of Brown and had been in Moody’s apartment before. In November, Brown told the defendants that he was moving out of Moody’s apartment to live with his grandmother.

On December 8, 1986, Sandra Jones received two phone calls from her grandfather. He said that both defendants called looking for Brown. Sandra then called Brown, who came home and stayed with the deceased that night. The next morning he tried to call the defendants, but neither was home. He then tried to find them in the neighborhood.

On the evening of December 17, Sandra Jones cooked dinner for her grandfather, who was 76 years old. He was well, and his apartment was in order. On the following morning, Kiesha Merritt went downstairs to her grandfather’s apartment. She found him dead, lying on the floor of his living room. Sandra called for an ambulance. Before the paramedics arrived Sandra searched for the deceased’s wallet to get his medical card, but she could not find it.

The police arrived. There was a rubber hose around the deceased’s neck and puncture wounds on his body; three knives were discovered nearby. A bent knife was on the floor, another on a chair, and another in a bowl of liquid. Blood was discovered on the knife found on the floor and the one on the chair. The bedroom the deceased slept in had been ransacked. His personal telephone directory was lying in his drawer with the “B” and “M” pages ripped out. The defendants’ numbers had been in the directory but were no longer there. Brown found the deceased’s empty wallet under a mattress.

By stipulation to the testimony of the medical examiner, it was established that death was caused by strangulation and that “multiple stab wounds” were a significant factor contributing to the cause of death.

The defendants were arrested and subsequently confessed. Their confessions established the following: On December 18, they met at Beamon’s house at approximately 8:15 a.m. After discussing their lack of money, they decided to go to the deceased’s apartment to try to get some money from him. They had been at his apartment on several occasions and were aware that he lived alone. They arrived at the deceased’s home, and Moore rang the bell. The deceased let them in, and the three men talked and watched television. After sitting for awhile, the deceased got up and walked to the back door of his apartment. Once the deceased left the room, Moore went to the dresser and attempted to take some money out of the deceased’s wallet. As Moore was attempting to take the money, the deceased began walking back into the room. Moore attempted to conceal his actions, but the deceased had seen him. He accused the defendants of trying to steal his money. Moore then grabbed the deceased from behind and put him in a headlock. Moore began choking the deceased, and the two fell onto the bed. At this point the defendants’ accounts differed.

Moore said that after he and the deceased fell onto the bed, Beamon stabbed the deceased with a knife. The knife bent, so Moore went to the kitchen to get another knife and returned to further punch and stab the deceased. Moore then went to the bathroom and returned with a rubber enema hose. He wrapped the hose around the deceased’s neck, gave one end to Beamon and held on to the other end. Moore then took approximately $65 from the deceased’s wallet, and they left.

Beamon said that Moore choked the deceased for approximately 15 minutes, during which time he told Beamon to act as a look-out. After 15 minutes, Moore released his lock on the deceased’s neck, and the deceased fell to the floor. Beamon then checked the deceased’s pulse; he told Moore that he felt a pulse; Moore grabbed the wallet, and they left.

After running from the apartment, the defendants went to a local liquor store where they used the stolen money to purchase a six-pack of beer and a half-pint of brandy. They then went to Beamon's home to watch television and drink the alcohol.

We will first address the defendants’ claim that prosecutorial misconduct requires a new trial. Before trial Beamon made an oral motion in limine to bar any reference to the fact that Beamon had been given a polygraph test. The prosecutor told the judge that he had instructed the police officer not to mention the polygraph test even if the defense lawyers asked questions “relative to that area.” During rebuttal closing argument, the prosecutor did inform the jury that Beamon had taken a polygraph examination. It is Moore, not Beamon, who contends that reference to Beamon’s polygraph test prejudiced him. It is the State’s position that the statement in rebuttal was invited by the argument of Moore’s attorney.

An analysis of the issue appropriately begins with the following exchange during the closing argument of Moore’s attorney:

“[DEFENSE ATTORNEY]: I want you to ask yourselves, ladies and gentlemen, I’m going to start now and I’m going to talk about what some of the reasons, doubts in this case, and I want to ask yourselves, who I want my opponent, and I want him to answer to you. Why was Mr. Moore treated differently, why was Mr. Moore treated differently from Beamon. Why is that, as you heard when Beamon—
[ASSISTANT STATE’S ATTORNEY]: Judge, at this time I am going to interrupt because we should have a side bar here because there has been rulings in this courtroom what we can’t bring into [sic].
THE COURT: I haven’t heard what he said. [Emphasis added.]
* * *
[DEFENSE ATTORNEY]: They didn’t take down one note of one thing that [Moore] said for the fourteen hours he was in custody before he supposedly gave that statement. Why would they treat him different?
* * *
What did he say he did with that supposed statement that he took from my client, he never recorded it, he never even made a note about that supposed statement he took from my client.
Are you going to buy that, ladies and gentlemen, and if so, why, why are they treating my client different.

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Cite This Page — Counsel Stack

Bluebook (online)
572 N.E.2d 1011, 213 Ill. App. 3d 410, 157 Ill. Dec. 547, 1991 Ill. App. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beamon-illappct-1991.