People v. Bedell

624 N.E.2d 1308, 253 Ill. App. 3d 322, 191 Ill. Dec. 930, 1993 Ill. App. LEXIS 1347
CourtAppellate Court of Illinois
DecidedSeptember 3, 1993
Docket1—92—2143, 1—92—2433, 1—92—2434 cons.
StatusPublished
Cited by9 cases

This text of 624 N.E.2d 1308 (People v. Bedell) 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. Bedell, 624 N.E.2d 1308, 253 Ill. App. 3d 322, 191 Ill. Dec. 930, 1993 Ill. App. LEXIS 1347 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a bench trial, defendant, Leonard Bedell, was found guilty along with his codefendant, Leland Mohammed, of delivery of a controlled substance in violation of section 401 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56 1/2, par. 1401). (Mohammed’s conviction is not at issue in this appeal.) In addition to sentencing defendant to a prison term of eight years for unlawful delivery, the trial court terminated as unsatisfactory the term of probation defendant was serving on two previous drug convictions and sentenced him to two additional eight-year prison terms, to be served concurrently with the present sentence for unlawful delivery. Defendant appeals, contending that: (1) the trial court erred in denying his motion for severance; (2) he was not proved guilty beyond a reasonable doubt; and (3) the trial court violated his right to due process by depriving him of a fair and impartial trial and by revoking his probation when there was no petition for violation of probation pending.

On January 2, 1990, defendant was arrested for the subject offense. The State subsequently filed a petition for violation of probation. On January 30, 1990, the petition was dismissed and defendant was recommitted to probation following a preliminary hearing which resulted in a finding of no probable cause. In February 1990, the grand jury returned an indictment on the present charge. A trial was subsequently conducted on April 10,1992.

Prior to trial, defendant filed a motion to sever his trial from that of Mohammed. Defendant argued that statements made by Mohammed to an undercover officer implicated him in the charged offense and placed their defenses in conflict. The trial judge asked defense counsel whether the statements at issue were oral or written, and when defense counsel responded, “oral,” the judge stated, “All right. Your motion for severance is denied. I can deal with oral [statements].”

Defendant also presented a motion to quash his arrest and suppress evidence. The trial court agreed with defense counsel’s recommendation that the evidence on the motion be heard and considered by the trial court simultaneously with the trial evidence.

The State first called Steven Franczyk, a United States postal inspector. On January 2, 1990, Franczyk was working as an undercover investigator in the narcotics unit. At 12:33 p.m., he met with Mohammed in the vicinity of 126th and Harvard in Chicago. Mohammed was a letter carrier for the United States Postal Service. Franczyk testified that he and Mohammed had previously arranged for Mohammed to sell him some narcotics, and they met at that location to discuss how Mohammed would be paid in exchange for the narcotics. The trial court stated that the conversation between Franczyk and Mohammed would apply only to Mohammed.

Mohammed told Franczyk that he had to call his “source” and that he would meet the source at the Walgreen’s store located in the vicinity of 127th and Halsted, where Franczyk had met Mohammed in the past. Franczyk spoke with Mohammed the evening before on the telephone, and Mohammed told him that he had recently purchased narcotics from his source, and the source currently had cocaine in his possession. Mohammed told Franczyk that he would sell him a quarter ounce of cocaine for $275. The trial judge indicated that this conversation also would apply only to Mohammed.

Mohammed instructed Franczyk to wait for him at the intersection of 124th and Harvard. Mohammed was going to pick up the cocaine and return to that location to deliver it to Franczyk. Franczyk kept in contact with a surveillance team comprised of postal inspectors and Chicago police officers. Members of the team were situated in different locations, including the Walgreen’s parking lot. Franczyk maintained contact with them via two-way police radios. He also wore an open microphone, which enabled units in his immediate area to monitor his conversations.

Franczyk proceeded to 124th and Harvard. He radioed to the units situated near Walgreen’s that he had given Mohammed $280 in prerecorded funds, and that Mohammed had gone to meet his source in the Walgreen’s parking lot.

Mohammed returned to 124th and Harvard at 1:13 p.m. He pulled over to the curb, and Franczyk exited his vehicle and stood outside Mohammed’s mail truck. Mohammed handed Franczyk a clear plastic bag containing a ball of white powder along with $5 in change from the $280 Franczyk had given him. Franczyk then signaled to postal inspectors, who arrested Mohammed.

Franczyk testified that he used his two-way radio to inform the surveillance units that Mohammed, immediately after his' arrest, stated that he received the cocaine from “Doc,” an individual in a brown Chevy. Defense counsel objected to the admission of this statement, but the trial court allowed it in, stating that it applied only to Mohammed for purposes of the trial and to defendant only for purposes of his motion.

Mohammed was taken to the main post office, where $20 of the prerecorded currency was recovered along with another $15. Franczyk identified the cocaine he had purchased from Mohammed.

On cross-examination, defense counsel informed the trial judge that he was going to question Franczyk regarding statements that Mohammed had made to Franczyk, but that Franczyk’s responses were being elicited for the purpose of the motion only. The judge agreed, and defense counsel asked Franczyk again if Mohammed had told him he received the cocaine from “Doc” in a brown Chevy. Franczyk said yes, but stated that he did not include Mohammed’s statement in his “buy summary sheet” or any other report he prepared. According to Franczyk, Mohammed made the statement immediately after his arrest, but it was not contained in the transcript of his conversations because the tape recorder had already been turned off.

Postal Inspector Michael Carroll testified that he was the driver of the surveillance van that was situated in the Walgreen’s parking lot. Franczyk had previously informed all the surveillance units that he was going to purchase cocaine from Mohammed and that Mohammed was going to meet his source in the Walgreen’s parking lot.

Carroll arrived at Walgreen’s at approximately 12:20 p.m., followed at 12:37 p.m. by Mohammed, who arrived in his postal vehicle. Carroll observed Mohammed exit the vehicle, walk over to the pay phones, return to the postal vehicle and then drive away northbound on Halsted Street. At 12:47 p.m., Mohammed returned to the parking lot and went inside Walgreen’s. He came out of the store two minutes later and used the pay phone. Shortly thereafter, he returned to his postal vehicle and stood beside it.

At 1:08 p.m., a brown Chevy Citation pulled up and parked one space north of the postal vehicle. Mohammed walked over to the Citation and entered the front passenger side. He remained in the car for approximately one minute. He exited the Citation, returned to his postal vehicle and drove away. Carroll identified defendant as the driver of the Citation.

Defendant pulled out onto 126th Street, went west to Halsted and continued south to 127th Street where Carroll’s unit lost sight of him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Tolliver
2021 IL App (1st) 190129 (Appellate Court of Illinois, 2021)
People v. Seth S.
917 N.E.2d 1182 (Appellate Court of Illinois, 2009)
In re Seth S.
Appellate Court of Illinois, 2009
People v. Garcia
695 N.E.2d 1292 (Appellate Court of Illinois, 1998)
People v. Abston
635 N.E.2d 700 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
624 N.E.2d 1308, 253 Ill. App. 3d 322, 191 Ill. Dec. 930, 1993 Ill. App. LEXIS 1347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bedell-illappct-1993.