People v. Binion

832 N.E.2d 875, 358 Ill. App. 3d 612, 295 Ill. Dec. 425, 2005 Ill. App. LEXIS 610
Appellate Court of Illinois·Decided June 20, 2005·No. 1-01-4145, 1-02-0021 cons.·Published·Cited by 3 cases

Opinion

PRESIDING JUSTICE CAHILL

delivered the opinion of the court:

Following separate, simultaneous jury trials, defendants Troy Bin-ion and Patrick Jones were convicted of the first degree murder (720 ILCS 5/9 — 1(a)(1) (West 1998)) of Brian Thomas and the attempted first degree murder (720 ILCS 5/8 — 4, 9 — 1(a)(1) (West 1998)) of Antonio McGee. Binion was convicted on an accountability theory and sentenced to concurrent prison terms of 30 years for first degree murder and 20 years for attempted murder. Jones was sentenced to concurrent prison terms of 40 years for first degree murder and 20 years for attempted murder. Defendants filed separate appeals which this court consolidated on the State’s motion. We affirm.

On August 28, 1998, McGee was driving his black Oldsmobile Delta 88 automobile near 64th Street and Vernon Avenue in Chicago when he saw defendant Jones with a handgun, running from an alley and firing shots at the car. McGee’s passenger and friend, Thomas, was shot in the head. McGee drove Thomas to the hospital. Thomas died the next day. Chicago police detective Steven Lazzara interviewed Mario Coleman, defendants’ friend and fellow Black Disciples street gang member. Coleman implicated defendants to Lazzara and Assistant State’s Attorney Steven Rosenblum.

The police arrested Binion on August 30, 1998. Binion gave a statement to Assistant State’s Attorney Konstantinos Markakos, inculpating himself and Jones. The police arrested Jones on October 20, 1998. Jones agreed to give a statement to Assistant State’s Attorney Brendan McGuire, but after making several inculpatory comments, Jones exercised his right to counsel.

Defendants filed motions to suppress their statements. They claimed their statements were obtained by illegal means, including physical and mental coercion and material misrepresentations of fact by the police. The trial court held a hearing, then denied the motions.

Defendants’ simultaneous trials began on February 14, 2001. McGee testified that at about 1:30 p.m. on August 28, 1998, he was driving near 64th Street and Eberhart Avenue. Thomas was a passenger. As McGee turned south on Vernon Avenue, he saw a man run from an alley and fire a gun in the direction of the car. When McGee saw that Thomas had been shot, he drove to the hospital, where Thomas later died. About two months later, McGee identified Jones in a lineup as the gunman. McGee also identified Jones in court. McGee testified that he glimpsed a second man in the alley as Jones approached the car, but McGee could not identify anyone in court as the man in the alley. On cross-examination, McGee admitted having four earlier convictions and being a former member of the Gangster Disciples street gang.

Coleman testified on February 15, 2001. He appeared as a State witness after being arrested and held for contempt of court for failing to appear in court under a subpoena. Coleman testified that he, Jones and Binion were friends and members of the Black Disciples street gang. Coleman said he was still a gang member at the time of the trial. On direct examination by Assistant State’s Attorney Robert Heilingoetter, Coleman testified:

“Q. [D]id the police *** come to your residence *** on August 29, 1998 ***?
* * *
A. Yes.
$
Q. Did the detective *** ask you if you would accompany him back to Area 2 in regards to a shooting that had occurred 3 days prior?
A. He ain’t say nothing about a shooting. He just said I had to come with him.
^
Q. And *** did you tell the detective what you knew about that shooting?
A. No, I ain’t tell him because I ain’t know.
Q. So you didn’t tell him anything at that time?
A. I told him what he wanted to hear. What he told me — .
$ H* &
q *** [You told Assistant State’s Attorney Rosenblum] *** that you were in your apartment *** [when] you heard 4 to 6 gunshots, isn’t that correct?
A. Yes.
❖ %
Q. You also told the Assistant State’s Attorney *** that you actually left your apartment *** when you observed your fellow gang members Troy Binion and Patrick Jones, correct?
A. Yes. But ain’t no truth to that.
Q. *** I’m asking you about what you told the Assistant State’s Attorney.
A. Well, yes.
Q. You told that to the Assistant State’s Attorney, correct?
A. Yeah. The police wanted to hear.
^ i{{
Q. And after [Rosenblum] prepared [a] handwritten statement [summarizing what you had just told him], you had an opportunity to review that entire statement, didn’t you?
A. Yeah.
Q. And *** you in fact did read every word of that, correct?
A. Just looked through. Just glanced through it.
* * *
Q. Well, while you were glancing through it, you actually made some corrections to that statement too, didn’t you?
A. Some ones he said needed to be made.
^ ^ ^
Q. Did you ever tell the Assistant State’s Attorney that [the handwritten statement] isn’t really what you knew about this incident?
A. Didn’t have a chance.
* * %
Q. *** You’re telling us today that this isn’t really your statement, but that *** someone else told you to say this?
A. Yeah.
Q. Who are you saying told you to say this?
A. This is what the detective wanted to hear.”

Coleman was then cross-examined by Raymond Prusak, counsel for Binion. No reference to a polygraph exam had yet found its way into the record. Coleman testified:

“Q. [Prusak] You didn’t volunteer to go *** to the police station, did you?
A. No.

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People v. Binion, 832 N.E.2d 875, 358 Ill. App. 3d 612, 295 Ill. Dec. 425, 2005 Ill. App. LEXIS 610 (Ill. Ct. App. 2005).

832 N.E.2d 875 (People v. Binion) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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