People v. Beasley

893 N.E.2d 1032, 384 Ill. App. 3d 1039, 323 Ill. Dec. 558, 2008 Ill. App. LEXIS 864
Appellate Court of Illinois·Decided August 22, 2008·No. 4-07-0474·Published·Cited by 31 cases

Opinion

JUSTICE COOK

delivered the opinion of the court:

A jury found defendant, Aaron M. Beasley, guilty of unlawful possession of more than 400 grams but less than 900 grams of a substance containing cocaine with intent to deliver (720 ILCS 570/401(a)(2)(C) (West 2006)). The trial court sentenced defendant to 12 years’ imprisonment, which was the minimum sentence under the statute. On appeal, defendant challenges the sufficiency of the evidence and, in the alternative, raises several arguments concerning the fairness of his trial. Though we find the evidence sufficient, we reverse and remand for a new trial.

I. BACKGROUND

A. Defendant’s History and Living Circumstances

Defendant, age 26 at the time of the offense, was a community-college student who worked several temp-service jobs. Prior to the conviction at issue here, defendant had never been charged with a crime as an adult. Defendant had one juvenile conviction for possession of 10 to 30 grams of cannabis, for which he received nine months’ supervision.

Defendant split his place of residence between his parents’ home at 1359 East Condit in Decatur, Illinois, and the apartment of his girlfriend, Shanitera Walker. Living at 1359 Condit were defendant’s mother (Roni), father (Calvin), sister (Amanda), and his toddler son, custody of whom he shared with Shanitera. According to those living in the house, defendant’s bedroom was not very private; the bedroom door could not be locked and the bedroom closet was used as a household receptacle, storing other family members’ clothes, space heaters, and irons. Defendant’s older brother, Shawn Beasley, who is also the codefendant in this case, did not live at 1359 Condit but, according to Roni, visited two to three times per week for several hours at a time. Before he moved out, Shawn had shared defendant’s bedroom.

B. The Instant Crime

On Monday, June 5, 2006, while conducting a drug investigation against Shawn, Decatur police officers served a warrant on Shawn’s apartment on 25th Street in Decatur. Then, pursuant to information that Shawn was possibly storing cocaine at 1359 Condit, Decatur police officer James Root directed several officers to go to the Beasleys’ family home. Roni gave the police permission to search the house.

The police found two safes in defendant’s bedroom closet. One of the safes was unlocked and “emitted the aroma of cocaine” when opened. The safe contained a black foam liner that was later determined to contain cocaine residue and a piece of paper that listed approximately 15 first names and initials with numbers ranging from 80 to 1,000 next to the names. Eighty dollars is the typical price for a gram of cocaine; the other numbers also matched typical prices for common sale quantities of cocaine. The initials of defendant, “A.B.,” and the initials of Shawn, “S.B.,” were both on the list. Officer Root opined that this list was a drug record, but the handwriting in the list was never compared to the handwriting of Shawn or defendant. The handle of the safe contained Shawn’s fingerprints. The inside lid of the safe contained defendant’s left-thumb fingerprint. The age of the prints could not be determined. When asked at trial why his fingerprints may have been on the inside lid of the safe, defendant answered:

“Uh — I had to have probably just moved it out of the way while looking for something else. But, other than that, I would not know. *** [Maybe] the lid was up or it was laid down.”

Also in defendant’s bedroom, police found a pair of latex gloves on top of a small refrigerator. In a small trash can next to the refrigerator, police found sandwich bags that had the corners cut (consistent with packaging smaller quantities of cocaine). According to Amanda, both Shawn and defendant had been home the day before the search, but only Shawn stayed overnight and slept in defendant’s bedroom. Before that, defendant had been on a weekend trip with Shanitera in St. Louis.

In the basement crawl space, police found an “Old Navy” shopping bag and another safe. Roni testified the bag belonged to her, she had used it to store gardening supplies, and she had last seen it a week prior to the search. In the shopping bag, police found nearly $70,000 worth of cocaine, which was further contained in several sandwich bags. In the safe, which was locked and subsequently pried open by police, police found baking soda, which is often used as a cutting agent for cocaine, and a white plastic container containing wet wipes. Police found Shawn’s fingerprints on the white plastic container but did not submit the baking soda box for testing. Defendant testified that he had seen a safe in the basement within the last year but did not know which of the three safes found in the search it had been. When defendant saw the safe, it was not in the crawl space.

C. Investigation Against Defendant

On June 6, 2006, the day after the search, defendant voluntarily went to the police station for questioning. Defendant told police that Shawn had a key to the family home at 1359 Condit. Shawn periodically lived at 1359 Condit and stored things in defendant’s bedroom. Defendant often stayed over at his girlfriend Shanitera’s apartment and did not know anything about the safe, the gloves, or the sandwich bags found in his bedroom. Defendant had seen a safe in the basement approximately a year ago.

On August 15, 2006, Shanitera saw defendant with another woman at the movie theater. Defendant and Shanitera got in a dispute. The police arrived and arrested Shanitera for domestic battery. While incarcerated, Shanitera contacted the sheriffs department to talk to them about defendant. Shanitera told police that, following the June 2006 investigation, defendant told her that he would be staying with her for awhile because the police had found the drugs at his parents’ house. After Shanitera implicated defendant in the instant drug case, the State dropped the domestic-battery charges against her.

In October 2006, the State charged both defendant and Shawn with unlawful possession of more than 400 grams but less than 900 grams of a substance containing cocaine with intent to deliver.

D. Trial

At trial in early February 2007, Shanitera testified that defendant had told her that the drugs confiscated in the June 2006 search belonged to him and his brother and that he knew about the safe in the bedroom. Shanitera testified that she was no longer upset with defendant at the time of trial. During cross-examination, Shanitera admitted that she had saved newspaper clippings about the investigation, which mentioned the safe in the bedroom. Shanitera also revealed that she was released from jail on the domestic-battery charges the very same day she decided to speak to police regarding the instant drug case. Shanitera also stated that she was trying to recover custody of the son that she shared with defendant from the Beasley family.

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People v. Beasley, 893 N.E.2d 1032, 384 Ill. App. 3d 1039, 323 Ill. Dec. 558, 2008 Ill. App. LEXIS 864 (Ill. Ct. App. 2008).

893 N.E.2d 1032 (People v. Beasley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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