People v. Brown

614 N.E.2d 160, 243 Ill. App. 3d 1057, 185 Ill. Dec. 26, 1993 Ill. App. LEXIS 372
Appellate Court of Illinois·Decided March 19, 1993·No. No. 1-90-3260·Published·Cited by 5 cases

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendant, Eddie Brown, was convicted after a bench trial of first degree murder, attempted armed robbery, armed violence and unlawful use of a firearm by a felon and sentenced to concurrent terms of 42 years for first degree murder, 15 years for attempted armed robbery and 5 years for unlawful use of a firearm by a felon. He maintains that trial errors entitle him to a new trial. He does not dispute the sufficiency of the evidence.

On June 28, 1988, at approximately 6:20 p.m., Cornelius Simmons was fatally shot in his barbershop located at 839 East 47th Street in Chicago. At the time of the shooting several people were nearby. The police questioned those people, including Arnell Givens, Irma Crump and Eula Tate; the police also held at least two lineups and several photograph identification sessions. The defendant’s photograph was identified by Eula Tate as one of the persons involved in the shooting. The defendant was arrested and subsequently indicted. After a hearing, the trial judge denied the defendant’s motion to suppress identification testimony.

At trial the deceased’s daughter, Demetrius Baskin, testified that she visited her father in his barbershop approximately three times in 1988. Before the shooting, she had not seen her father in the barbershop for approximately three months. Her father kept coins and paper money in the pockets of his smock while he worked because he sometimes gave this money to his grandchildren. When customers paid her father, he put the money into the cash register, not into his pockets.

Officer Robert Edwards testified that he went to the barbershop shortly after Simmons was shot. The description of the two offenders he put in his report came from Lashawn Hunter, who actually did not see the offenders. The report described one man as taller than the other. The shorter offender, later identified as the defendant, was described as standing 5 feet 7 inches tall, weighing 120 to 130 pounds, having brown hair and eyes and a dark complexion, and wearing a baseball cap and dark blue jacket. The taller offender, later identified as Michael Phillips, was described as having a light complexion.

Irma Crump testified that she was near the barbershop at the time of the shooting visiting a friend, Arnell Givens, who lived a short distance from the barbershop. Crump was standing on the balcony of Givens’ apartment, which is on the third floor. She could “see 47th Street very plain between Drexel and Cottage Grove.” She saw Givens drive her car around the building and eventually park in front of the apartment on 47th Street. When Givens came to the apartment, they both went to the balcony. Crump saw two men “just kind of hanging around downstairs” on the same side of 47th Street on which her car was parked. She described these men as follows: one had dark skin, was about 5 feet 6 inches or 5 feet 7 inches tall, and wore jogging pants, a navy or black jacket, and a cap; the other was tall and light-skinned, and wore a jogging suit and a cap.

Crump saw the shorter man go into the barbershop side of the building; she was not sure what store he entered. About a minute and a half later the shorter man came running out of the building, crossed Drexel Avenue with his hand in his jacket, and started to take off his jacket. At this time, the taller man, who was outside the building, “stood there like he was confused, and then *** took off across Drexel.” She never saw the shorter man’s face, perhaps because of his cap visor or the height of the balcony. She was unable to make a photograph identification and never viewed a lineup.

Arnell Givens testified that she drove into an alley leading to the parking lot behind the building in which she lived. She saw two men standing in front of the building. She described one man as “tall and fair complected” and the other as “dark complected, a gentleman, short.” She identified the defendant in court as the shorter man.

Givens explained that she became nervous when she saw the men in front of the building because of “the vibes that [she] picked up, and the way they were — the way that they were just standing there.” She parked her car on 47th Street facing east. Before leaving the car, she sat and watched the men for a few moments. While she was watching, the men were to the side of her. She explained that she waited before leaving the car because she “didn’t like the way [the defendant] looked.” He “just had a real devastating look on his face.” She did not know “whether he wanted to rob [her], or what he was going to do.” She walked past the men on her way into her apartment building entrance. Once inside, she turned and leaned out the door to see them, and the taller man walked close beside her and said, “Hi,” while waving his hand. This startled her, and she slammed the door and went up to her apartment.

She went onto the balcony with her children and Irma Crump. She felt compelled to look out from the balcony because she thought the men might be trying to steal Crump’s “really nice” car. When Givens returned to the balcony, she saw the taller man standing on the corner, but she did not see the defendant. She next saw the defendant run out of the barbershop entrance, into traffic on 47th Street and onto Drexel Boulevard going north. At this time, the taller man turned around, saw the defendant running and began running himself.

On August 23, 1988, Givens went to the police station to view a lineup. She recognized the defendant and the taller man, Michael Phillips, in the lineup but told the detectives she could not identify anyone. The following direct examination occurred:

“[STATE’S ATTORNEY]: Why didn’t you tell the detectives that, that you recognized them?

A. I was frightened.

Q. Frightened of whom?

A. I was scared.
Q. Who were you scared of?
A. Of just — what can I say, scared, scared.”

Detective David Kutz called her and asked if she had been intimidated or contacted by anyone. She told him she had not been intimidated. She returned to the station that day and told Kutz that she had recognized someone but that she was nervous. Kutz asked her to look at a group of approximately six to eight photographs. She identified the defendant from these photos at the station and in court.

On cross-examination, Givens said she remembered the defense attorney and an investigator visiting her outside her apartment approximately two months before trial. She denied that she told the defendant’s attorney that she was unsure of her identification. She explained that her only hesitation was based on the fact that two years had passed since the crime and that she told the defendant’s attorney she would “definitely know the person when [she saw] him.”

Eula Tate testified that she was working at the D & J Cleaners on the 800 block of East 47th Street. The cleaners is located on the first floor of the same building as the barbershop owned by Simmons. She saw two “boys” pass by the cleaners and cross 47th Street. She explained that she “could see out the window real good” and that she saw the two boys’ faces.

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People v. Brown, 614 N.E.2d 160, 243 Ill. App. 3d 1057, 185 Ill. Dec. 26, 1993 Ill. App. LEXIS 372 (Ill. Ct. App. 1993).

614 N.E.2d 160 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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