People v. Brockman

843 N.E.2d 407, 363 Ill. App. 3d 679, 300 Ill. Dec. 149, 2006 Ill. App. LEXIS 6
CourtAppellate Court of Illinois
DecidedJanuary 12, 2006
Docket5-04-0433
StatusPublished
Cited by25 cases

This text of 843 N.E.2d 407 (People v. Brockman) 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. Brockman, 843 N.E.2d 407, 363 Ill. App. 3d 679, 300 Ill. Dec. 149, 2006 Ill. App. LEXIS 6 (Ill. Ct. App. 2006).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Defendant, Darrell Brockman, Jr., appeals from an order of the circuit court of St. Clair County summarily dismissing his fourth post-conviction petition. The issue raised in this appeal is whether the trial court erred in summarily dismissing defendant’s fourth postconviction petition. We affirm.

BACKGROUND

Following a jury trial in 1991, defendant was convicted of armed robbeiy (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2(a)), armed violence (Ill. Rev. Stat. 1989, ch. 38, par. 33A — 2), and aggravated battery (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 4(a)) and was sentenced to serve consecutive 30-year prison terms on the armed violence and armed robbery convictions. No judgment was entered on the aggravated battery verdict because it was found to be a lesser-included offense of armed violence.

Prior to the trial, defendant sent the originally assigned trial judge a letter in which he alleged his innocence. He stated that he did not understand why the victim was accusing him of committing the crime while, on other occasions, the victim specifically stated that several individuals had been involved in the crime. Attached to the letter was a copy of a confidential medical report from St. Elizabeth’s Hospital, where the victim received treatment for his wounds. This report states that the victim had been transferred from St. Mary’s Hospital. The report states, “[The victim] states that while in the office building at his place of work in East St. Louis *** he was jumped by several people and he feels that there was an attempt to rob him.” Defendant now claims in this appeal that the report is newly discovered evidence.

On the day the jury trial was scheduled to begin, the assistant public defender assigned to the case filed a motion to withdraw. The assistant public defender explained that he and defendant were at an impasse where defendant was no longer speaking to him. Due to the impasse, he believed he could not provide defendant with effective representation, and he asked that he be allowed to withdraw. Upon questioning by the trial court, defendant agreed he was not satisfied with the assistant public defender; however, he advised he did not have the money to hire private counsel. Defendant stated that he wanted an attorney who would get things done, such as talking to the necessary witnesses.

The assistant State’s Attorney handling the case objected to the motion to withdraw on the basis that defendant had ample opportunities prior to the day of the trial to realize there was a problem with his public defender. The public defender then reiterated his belief that if he were to proceed as defendant’s counsel, defendant would not receive adequate representation. The trial court stated there was no indication defendant would cooperate with another assistant public defender, but nevertheless, it asked defendant if he would accept a substitute public defender. Defendant said he would accept a substitute. The assistant State’s Attorney then interjected that it would set a bad precedent to allow defendant to come in on the day of a trial and request a different attorney. Without further discussion concerning the specific complaints about the assistant public defender, the trial court denied the motion to withdraw. Defendant proceeded pro se, with the same assistant public defender who had filed the motion to withdraw acting as a consultant.

After jury selection and opening statements, the State requested an in-chambers hearing to object to the use of an alibi defense because that defense had not been certified prior to the trial. Defendant explained he had given his lawyer the names of several alibi witnesses prior to the trial. The assistant public defender agreed that defendant had given him the names of alibi witnesses, only two of which he interviewed. For unspecified ethical reasons, the public defender decided not to use either witness. The public defender did not talk to Larry Parker or Stanley Ray, both of whom defendant claimed could be alibi witnesses. The public defender also agreed he had not told defendant that an alibi defense needed to be certified prior to the start of the trial. The State complained it could not respond to an alibi defense because the only information supplied by defendant was that the witnesses stayed on 57th Street or 58th Street. Ultimately, the trial court ruled defendant could testify to his alibi defense, subject to hearsay objections, but could not present alibi witnesses because he had not provided “sufficient information to allow the State to investigate.”

The alleged victim testified he renovates existing homes in East St. Louis through his position as the president of the East St. Louis Development Corp. At that time, he was married with two children and lived in Smithton. On the morning of December 26, 1990, the victim and Father Stallings met with defendant in his office, regarding trash removal from a house. The victim said he gave defendant $50 to haul the trash to the dump. They were scheduled to meet later in the afternoon to discuss additional work. Defendant did not appear at the scheduled time and place, but he returned to the victim’s office about 2 p.m. and asked for more money. The victim refused to give defendant more money because defendant did not do the original work and did not have a receipt from the dump showing he had used the $50 to pay the dumping fee. The two argued briefly, and defendant left. A few minutes later, two men whom defendant did not know came into the victim’s office and asked why the victim had not paid defendant. The victim explained the situation, and the two men left.

The victim was getting ready to leave for the day at about 3:50 p.m., when he discovered his car had a flat tire. After he changed the tire, defendant appeared and asked for a ride home. The victim agreed, and the two left together. While en route, defendant changed his mind and asked for a ride to his girlfriend’s house. When they arrived, defendant told the victim to look to his left. As he did so, defendant stabbed the victim on the right side of his neck with a knife with a four- to six-inch blade. Defendant stabbed the victim a second time, leaving a gash on his forehead. They struggled over the knife. The victim was able to open the door, and he ran down the street. He went to a house and banged on the door, calling for help. Defendant followed the victim, and the two struggled again. The victim was stabbed in the forearm. The victim threw his wallet so that defendant would have to leave him to retrieve it. Defendant picked up the wallet and attempted to leave by going through the backyard. A resident of the home came out and told defendant he could not exit that way, so defendant took the opposite route and apparently left in the victim’s car.

The victim was hospitalized for five days. He identified defendant in a lineup two weeks later. The victim’s wallet was found in the car, which was recovered about a week after the incident. The wallet was missing an Amoco credit card and $3. Amoco receipts were introduced into evidence. The parties stipulated that the signatures on the receipts had been compared with exemplars of defendant’s handwriting. Experts found general similarities between defendant’s signature and the signatures on the receipts but were unable to positively conclude that defendant had signed the receipts.

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Cite This Page — Counsel Stack

Bluebook (online)
843 N.E.2d 407, 363 Ill. App. 3d 679, 300 Ill. Dec. 149, 2006 Ill. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brockman-illappct-2006.