People v. Brandon

557 N.E.2d 1264, 197 Ill. App. 3d 866, 146 Ill. Dec. 77, 1990 Ill. App. LEXIS 552
CourtAppellate Court of Illinois
DecidedApril 23, 1990
Docket1—86-2220, 1—86—2224 cons.
StatusPublished
Cited by27 cases

This text of 557 N.E.2d 1264 (People v. Brandon) 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. Brandon, 557 N.E.2d 1264, 197 Ill. App. 3d 866, 146 Ill. Dec. 77, 1990 Ill. App. LEXIS 552 (Ill. Ct. App. 1990).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

This is a consolidated appeal. Following a jury trial, defendants John Brandon, Michael Williams and Robert Jackson were convicted of the murder of Willie Ray Thompson on November 19, 1984. Williams was sentenced to a 40-year prison term; Brandon and Jackson were each sentenced to 35-year prison terms. Robert Jackson is not a party to this appeal. On appeal, Brandon and Williams each contend that: (1) he was not proved guilty of murder beyond a reasonable doubt; and (2) during closing argument, counsel for codefendant Robert Jackson made accusative comments about each of them which denied them a fair trial. Brandon, individually, contends that: (3) the trial court erred in refusing to give an alibi instruction to the jury when he had presented an alibi at trial. Williams, individually, contends that: (4) the trial court erred in allowing the State to introduce' evidence that he had attempted to murder John Bates, an eyewitness, while Williams was out on bail; (5) the trial court erred when it allowed the State to impeach the testimony of two of the security guards by use of a police report which contained a summary of the statements made by all three security guards; (6) the State’s closing arguments prejudiced Williams; and (7) the testimony of Chicago police detective Gerald Dorich regarding the procedure which he had followed in procuring arrest warrants for defendants violated Williams' right to due process of law. For the following reasons, the judgment of the trial court is affirmed.

The record indicates the following facts which are pertinent to this appeal. Prior to trial, counsel for Brandon and Jackson moved for severance from Williams based on the State’s expressed intention to introduce evidence of Williams’ attempted murder of John Bates, a key State’s witness, while Williams was out on bail. The trial court granted severance. However, before trial commenced, Brandon and Jackson withdrew their motions for severance.

At trial, John Bates testified on behalf of the State that in the early evening on November 19, 1984, he was standing in the lobby of the apartment building located at 1510 W. 13th Street when he heard shouting and shooting outside. He looked out the front door of the building and saw Brandon and Jackson chasing Willie Ray Thompson. The area was well lit and Bates saw that both Brandon and Jackson were armed and were shooting at Thompson.

Bates saw Thompson run by a group of nearby rowhouses, stopping at one and beating on the door, yelling, “Mrs. Crenshaw.” After breaking one of the windows in Mrs. Crenshaw’s rowhouse, Thompson continued to run toward Roosevelt Avenue until he tripped and fell. Brandon and Jackson then caught up with him and the three struggled.

At that point, Bates saw a car pull up near the three men and saw Williams get out of the car, walk over to Thompson, who was being restrained by Brandon and Jackson, and shoot Thompson in the face at close range. While Brandon and Jackson were still holding Thompson, Williams shook him, then fired additional shots into him at close range. Williams, Brandon and Jackson then entered Williams’ car and drove away. Bates stated that people were all around the area and were looking out their windows. The police arrived a few minutes later, but Bates went home and did not talk to them.

The following day, November 20, 1984, Bates called the police and was told that he had to contact a different headquarters to report the murder. That same day, he called Henry Wright, a friend who had also witnessed the murder. Bates did not call the police again until the following day. At that time, Bates told the police that he had witnessed the murder. The police picked him up and drove him to police headquarters, where he identified photos of Williams, Brandon and Jackson, talked to an assistant State’s Attorney and testified in front of the grand jury. On the following day, Bates identified Jackson in a lineup and called Henry Wright from the police station.

Bates then testified as to an incident that had occurred on October 24, 1985, while Williams had been out on bail. Prior to this line of questioning, the trial court instructed the jury that the questions and answers regarding the October 24, 1985, incident related to Williams only.

Bates testified that, on that date, he was driving a two-door Cadillac owned by George Williams (no relation to defendant). George Williams was in the front passenger seat. Jimmy Scott was sitting directly behind Bates. They were driving to Scott’s mother’s house. When Bates pulled up in front of the house, he saw a little red car at the corner and noticed that defendant Williams and another person were inside. Bates drove away, explaining to the others that he had just seen defendant Williams. They told him to circle back. When he did so, defendant Williams was not there. Bates stopped the car, opened his door, and was leaning forward, looking over his right shoulder, to allow Scott to get out of the car, when he saw defendant Williams standing behind the car. Defendant Williams then walked to the side of the car and started firing an automatic weapon. Bates drove directly to the police station and told them what had happened, leaving Scott lying in the street. An officer accompanied them back to the scene. The back window of the Cadillac was shattered, there was a hole in the side window, a dent in the door on the passenger’s side, and the Cadillac emblem was off. The emblem was subsequently found in the street at the scene.

On cross-examination, Bates denied that Mrs. Brandon had asked him to sign a statement exculpating her son and he denied having told Mrs. Brandon that her son had had nothing to do with the murder. Bates further stated that he had given the police the names of Brandon, Jackson and Williams, and had described their height and weight. However, he could not remember if he had given them a description of their clothing.

On redirect, Bates stated that Henry Wright had not wanted to go to the police because he was afraid of defendant Williams. On recross, Bates stated that he had not seen any security guards chasing Brandon and Jackson.

Chicago police officer Lenti then testified on behalf of the State that when he appeared at the murder scene, a crowd of people had formed around the victim, who was lying on his back on the sidewalk in a pool of blood. Lenti attempted to find out what had happened, but no one would say anything except three security guards, who told him that they had seen some men running, but could not provide very much additional information. Lenti stated that the area was well lit.

Chicago police officer John Thomas also testified that no one in the crowd would provide any information regarding the shooting except some security guards. However, the police did know that they were looking for one to three offenders.

Dr. Yuksel Konacki, Cook County medical examiner, testified that while performing the autopsy on the victim, he recovered two recent bullets from the head and one old bullet from the hip. The wounds to the head were from close range.

Ella May Crenshaw further testified on behalf of the State that at approximately 11 p.m. on November 19, 1984, she was sitting in her bedroom when she heard someone calling her name.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.E.2d 1264, 197 Ill. App. 3d 866, 146 Ill. Dec. 77, 1990 Ill. App. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brandon-illappct-1990.