People v. Bell

548 N.E.2d 397, 191 Ill. App. 3d 877, 139 Ill. Dec. 12, 1989 Ill. App. LEXIS 1754
CourtAppellate Court of Illinois
DecidedNovember 22, 1989
Docket1-86-2921
StatusPublished
Cited by7 cases

This text of 548 N.E.2d 397 (People v. Bell) 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. Bell, 548 N.E.2d 397, 191 Ill. App. 3d 877, 139 Ill. Dec. 12, 1989 Ill. App. LEXIS 1754 (Ill. Ct. App. 1989).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Defendant-appellant, Albert Bell (Bell), was tried by a jury and found guilty of murder and armed robbery. He was sentenced to 40 years’ imprisonment on the murder conviction. On appeal, Bell argues that the trial court erred in (1) refusing to quash his arrest where the evidence demonstrated that the police lacked probable cause to arrest him; (2) refusing to suppress his statements to law enforcement officers and the knife found on his person at the time of his arrest; (3) allowing the use of his codefendant’s statement where the codefendant was unavailable for cross-examination by the defense; and (4) refusing to submit to the jury instructions on self-defense and voluntary manslaughter. We affirm.

On April 15, 1983, the police found Stanley Teer’s body in an abandoned apartment building on West 60th Street in Chicago. Teer’s death had been caused by multiple stab wounds. On April 15, the police arrested Curtis Bell, the defendant’s brother, in connection with Teer’s death. Based upon Curtis Bell’s admissions, the police arrested Albert Bell on April 17, 1983. Defendant ultimately made a statement to the police implicating himself and his brother, Curtis, in Teer’s murder.

Prior to trial, both Albert and Curtis Bell moved to suppress their statements. Curtis Bell testified that on April 15, 1983, after the police arrested him and read the Miranda warnings, he replied, in response to their questions, that he had nothing to say and requested the presence of a lawyer. The trial court found that the nonarresting officers who subsequently questioned and obtained statements from Curtis did so in violation of his Miranda rights. Therefore, the trial court granted Curtis’ motion to suppress. In a separate appeal, this court affirmed that ruling.

In response to Albert Bell’s motion to suppress, the State presented the testimony of Detectives Joseph Gandurski and Thomas J. O’Connor, and an assistant State’s Attorney. According to the detectives, on April 17, 1983, they arrested Albert Bell on the street at 6009 South Honor rights, did not invoke his right to remain silent and did not request counsel. Rather, Bell told the police various accounts of what transpired on April 17, 1983. During the hearing on his motion to suppress, however, Bell testified that on the day of his arrest he had ingested drugs and alcohol and was “high.” Bell further testified that he was not advised of his Miranda rights, but was threatened by the officers with a chair.

The assistant State’s Attorney testified that when he advised the defendant of his rights on the evening of April 17, 1983, he did not appear to be under the influence of drugs or alcohol or to have any comprehension difficulties. He did not request counsel, state that he had been threatened or express that he did not want to make a statement. The trial court found that there were no threats or coercion and no violation of defendant’s Miranda rights.

In addition, the court denied defendant’s motion to quash his arrest for lack of probable cause. In support of that motion, the defense called Detective O'Connor. O’Connor testified that he and Detective Gandurski arrested the defendant on the afternoon of April 17, 1983, without an arrest warrant after other police officers had informed him that Curtis Bell had indicated that he and Albert had participated in the robbery and murder of Teer.

After the court’s denial of this motion, Bell argued pro se a second motion to quash arrest and suppress evidence, asserting that the arrest was the product of the unlawfully obtained statement of Curtis Bell. This motion was denied, subsequently argued by counsel and denied a second time.

The court granted the State’s motion in limine precluding the defense from mentioning the disposition of Curtis Bell’s case. In response to defendant’s motion in limine to exclude Curtis Bell’s statement, the court ruled that the State could not reveal the contents of any of Curtis Bell’s conversations but did not prohibit the State from introducing evidence that conversations with Curtis Bell occurred or that the police showed defendant Curtis Bell’s statement.

The trial consisted of the testimony of eight witnesses called by the State. The forensic pathologist testified that an autopsy revealed an abrasion to the left side of Teer’s face, two stab wounds to his anterior chest, two incised wounds on the left side of his back, and two smaller wounds on his back. She was shown a knife and determined that the wounds could have been caused by such an instrument.

Teer’s sister, Diane Smith, testified that when she saw Teer on April 9, 1983, he appeared happy because he had just received $500 in rental income.

Chicago police investigator Brian Lyons testified that on April 15, 1983, in response to a call, he went to an abandoned building located at 1639 West 60th Street in Chicago. In the first-floor bedroom he found a man’s body, which was subsequently identified as Stanley Teer’s. The deceased was wearing socks, no shoes, a shirt, sweater, and his pants’ pockets were turned inside out. Lyons discovered a jacket near the body, but found no identification, money or weapon.

That evening, Lyons received information from an anonymous citizen implicating Curtis Bell in the crime. He and other officers arrested Curtis Bell.

On April 16, 1983, during his investigation of the Teer homicide, Detective Gandurski reviewed police reports and Curtis Bell’s statement. Based upon the admissions therein, he and his partner, Detective O’Connor, conducted a surveillance for Albert Bell beginning on April 16, 1983. On April 17, 1983, the officers arrested Albert Bell and recovered a folding knife from his pocket. Detective Gandurski testified that he read Bell his Miranda rights in the police car. The police also recovered from the defendant’s mother pants containing traces of blood that had been stuffed in a plastic bag. A Chicago police department microanalyst testified that the knife and pants contained traces of blood, but that due to the insufficient amount of blood present, she was unable to conduct further analysis.

Detective Gandurski further testified that at the police station he again read defendant his rights and that defendant gave several different statements to the police. Bell first offered an alibi statement, followed by a statement that he was acting in self-defense. After being confronted with the inconsistencies between his version and his brother’s statement, Bell admitted to the detectives and Assistant State’s Attorney Perry that he had participated in the robbery and murder of Teer.

Defendant related that he and his brother had observed a man on the street give another man money. Curtis suggested that they rob him, while defendant recommended that they first convince him to drink wine with them. The three men obtained liquor and went to an abandoned building on West 60th Street. In the building, Curtis put his hand in Teer’s pocket, and Teer lunged at defendant with a knife. Defendant turned Teer’s hand back, causing the knife to enter his chest. They fell to the floor, and defendant punctured Teer’s chest a few additional times. After Teer fell, defendant dropped the knife, and Curtis took the money from Teer’s pockets.

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

Related

People v. King
688 N.E.2d 825 (Appellate Court of Illinois, 1997)
Albert Bell v. George Detella
57 F.3d 1073 (Seventh Circuit, 1995)
People v. Murray
626 N.E.2d 1140 (Appellate Court of Illinois, 1993)
People v. Smith
609 N.E.2d 857 (Appellate Court of Illinois, 1993)
People v. Miller
570 N.E.2d 1202 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
548 N.E.2d 397, 191 Ill. App. 3d 877, 139 Ill. Dec. 12, 1989 Ill. App. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bell-illappct-1989.