People v. Brown

903 N.E.2d 863, 388 Ill. App. 3d 1, 328 Ill. Dec. 203, 2009 Ill. App. LEXIS 78
Appellate Court of Illinois·Decided February 23, 2009·No. 1-06-1760·Published·Cited by 18 cases

Opinions

JUSTICE GARCIA

delivered the opinion of the court:

Following a jury trial, the defendant Dennis Brown was convicted of possession of cocaine with intent to deliver within 1,000 feet of a school and sentenced to five years’ imprisonment. The defendant presents a single issue: whether he was denied “a fair and impartial jury when the trial judge interfered with the selection of an unbiased jury by ordering the first potential juror who admitted that he could not be fair to return to the courtroom and observe Brown’s trial to get an ‘education as to how the system works.’ ” The defendant asserts plain error. Because we find the defendant has failed to meet his burden under the plain error doctrine, we affirm.

BACKGROUND

During voir dire examination, the following colloquy took place between the trial judge and a prospective juror.

“THE COURT: Does anyone have any problems with the charges that I read to you? Okay.
* * *
JUROR: My problem is I have property on the west side and I am familiar with problems to that extent — drug problems and so forth. So I have family members that are going through terrible times, I would say with addictions and so forth, they’re being treated and so forth.
THE COURT: Do you know [the defendant]?
JUROR: No, I don’t.
THE COURT: Have you ever seen him before?
JUROR: No, I have not.
THE COURT: All of us, including myself, have come in contact with this world of drugs. It has [a]ffected members of my family also.
Do you still think you can be fair and impartial?
JUROR: I don’t feel that I can be.
THE COURT: I’m sorry?
JUROR: I don’t feel that I can be.
THE COURT: Because you own property on the west side?
JUROR: No, because of how it [a]ffected me personally; what I have seen, how it [a]ffects society.
THE COURT: You are saying you don’t think you can wait until you have heard all the evidence in this case before you reach a decision concerning [the defendant]; that you have automatically assumed that he is guilty of this charge?
JUROR: Not necessarily. I just have some concerns about illegal drugs and so forth. I know that it is just bad.
THE COURT: I’m just asking you now can you be impartial as to both sides? Can you wait until you have heard the evidence in the case before you come to a conclusion or before you reach a decision as to whether this man is guilty or innocent; yes or no?
JUROR: I don’t think so; no.
THE COURT: Any objection—
MR. DOMINIQUE [Assistant Public Defender]: No objection, your Honor.
MR. CURRAN [Assistant State’s Attorney]: None.
THE COURT: — to excusing [this juror]? All right, [Juror]. We want to thank you for being frank and we’re going to excuse you at this time. But I’m ordering you to return to court tomorrow morning at 11:00 o’clock because I plan on picking 12 individuals who are going to be able to be fair and impartial to both sides in this case and I think you need an education as to how the system works.”

The judge then asked the remaining venire whether anyone else had a problem with the charges, whether anyone had a problem signing a not guilty or guilty verdict form, and whether anyone would hold the defendant’s decision not to testify against him. No other prospective juror indicated that he or she had a problem.

Thereafter, the judge questioned each prospective juror individually, regarding (1) any prior service on a jury; (2) any close contact with a victim of a crime; (3) any criminal arrests; and (4) any involvement in a criminal case as a complainant or a witness. Following the judge’s questioning, the State asked the venire whether anyone had a problem passing judgment on another person because of any religious, ethical, or moral considerations to which no one responded that he or she did. Last, defense counsel questioned 10 prospective jurors concerning their responses to the judge’s questions.

At the jury trial, the evidence showed that on June 13, 2005, at around 11:30 p.m., Officer Joe Dahl and his partner were conducting surveillance near 2210 South Millard in Chicago. There, Officer Dahl observed the defendant engage in four separate hand-to-hand transactions where an unknown individual would hand the defendant money in exchange for a small object. Suspecting that these exchanges were narcotics transactions, Officer Dahl broke surveillance, drove to the defendant’s location, exited his vehicle and witnessed the defendant toss a clear plastic bag containing suspected narcotics onto the ground. While his partner apprehended the defendant, Officer Dahl recovered the plastic bag, which contained a substance that tested positive for cocaine. A custodial search revealed that the defendant possessed $50 in his right pants pocket. The parties stipulated that the distance between 2210 South Millard and Paderewski School, located at 2221 Lawndale Avenue in Chicago, is 75 feet.

The defendant testified that he was getting into his car to go to a girlfriend’s house when the police approached him with “guns and stuff,” searched his car, and broke into his apartment. The police told the defendant that if he did not tell them “who had some guns,” they were going to plant a bag of narcotics on him. When asked how he knew these individuals were police officers, the defendant responded, “[t]hey stopped me earlier that day in the alley and searched me, took my wallet, took my money, the same police.”

The jury found the defendant guilty. This timely appeal followed.

ANALYSIS

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People v. Brown, 903 N.E.2d 863, 388 Ill. App. 3d 1, 328 Ill. Dec. 203, 2009 Ill. App. LEXIS 78 (Ill. Ct. App. 2009).

903 N.E.2d 863 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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