People v. Bryant

559 N.E.2d 930, 202 Ill. App. 3d 290, 147 Ill. Dec. 590, 1990 Ill. App. LEXIS 1214
CourtAppellate Court of Illinois
DecidedAugust 16, 1990
Docket1-87-1822
StatusPublished
Cited by11 cases

This text of 559 N.E.2d 930 (People v. Bryant) 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. Bryant, 559 N.E.2d 930, 202 Ill. App. 3d 290, 147 Ill. Dec. 590, 1990 Ill. App. LEXIS 1214 (Ill. Ct. App. 1990).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Michael Bryant, and codefendant Donald Elam were convicted of murder, attempted murder, armed robbery, home invasion, and residential burglary. 1 Bryant was sentenced to 80 years’ imprisonment for the murder conviction; 30 years’ imprisonment for the attempted murder, armed robbery, and home invasion convictions; and 15 years’ imprisonment for the residential burglary conviction. The 15- and 30-year terms were to run concurrently with each other, but consecutive to the 80-year term. On appeal, defendant raises the following issues for review: (1) his fifth amendment right to the assistance of counsel was violated when the trial court admitted into evidence uncounseled, incriminating statements which were elicited after he had invoked his right to counsel; (2) defendant was denied a fair trial when the trial court improperly admitted evidence of other charges against defendant, which were not material to the pending case and which may have led the jury to believe he had a propensity to commit crimes; (3) defendant was denied a fair trial where the trial court summarily rejected the jury’s request for a copy of the transcript of the complaining witness’ testimony, and the court refused the jury’s request to define “abet”; and (4) the trial court used the wrong standard to evaluate defendant’s objection to the State’s use of its peremptory challenges. Defendant also claims that the extended-term sentencing structure under which the court sentenced him is unconstitutionally vague.

We affirm.

Background

Lee Cavanaugh testified that he was sitting in the kitchen of his apartment when his wife, Imogene, returned home from work at approximately 6 p.m. on the evening of February 7, 1986. Cavanaugh recalled that when his wife entered the apartment, she was accompanied by a man (later identified as Donald Elam) who was holding a knife to her throat. Cavanaugh also recollected that his wife’s hands were handcuffed behind her back. Several minutes later, another man (later identified as defendant) entered the Cavanaughs’ apartment. Defendant was also carrying a knife. Shortly after defendant entered the apartment, he began to stab Cavanaugh, who then grabbed a knife from the kitchen to defend himself. While Cavanaugh and defendant were “cutting at each other,” Elam told Cavanaugh that he would slit his wife’s throat if Cavanaugh did not surrender. Cavanaugh surrendered and gave his knife to the intruders.

Elam and defendant tied Cavanaugh’s hands behind his back.

They laid Cavanaugh on the front room floor next to his wife. Elam and defendant then searched the apartment for money and valuables.

Next, Elam and defendant took Cavanaugh into the couple’s bedroom. They tied Cavanaugh’s feet together with a belt and stabbed him 10 to 15 times in the chest and back before leaving the room. A short time later, Cavanaugh was able to loosen the belt around his feet, and he began kicking the floor. His attackers returned to the bedroom and stabbed Cavanaugh repeatedly around the throat.

Shortly thereafter, the assailants left the apartment. When Cavanaugh realized that Elam and defendant had departed, he dragged himself up from the floor. Cavanaugh went to the front hall and kicked his neighbor’s front door. The neighbor’s child opened the door, and Cavanaugh asked him to call the police and fire department. Cavanaugh was subsequently taken to the hospital, where he remained for “three to four months.”

Chicago police officer Phillip Kelly testified that on February 7, 1986, he and his partner, Alfred Schultz, were dispatched to the Cavanaughs’ apartment to investigate the report of “a man bleeding.” Kelly testified that the Cavanaughs’ apartment had been ransacked and was splattered with blood. Kelly found Imogene Cavanaugh lying on the bedroom floor in a pool of blood. She was wearing her winter coat, her hands were handcuffed behind her back, and she was unconscious. After the paramedics removed Imogene Cavanaugh’s coat, the police officers noticed that a butcher knife was protruding from her rectum.

Assistant Cook County Medical Examiner Dr. Tae An testified that her post-mortem examination of Imogene Cavanaugh revealed two stab wounds. Dr. An noted that Imogene Cavanaugh had been stabbed underneath the chin and in the rectum. Dr. An concluded that Mrs. Cavanaugh had died from stab wounds which had lacerated her carotid artery, rectum, and vagina.

Everett Andre Smith testified that on February 12, 1986, at approximately 10:20 p.m., defendant, defendant’s sister, and Elam came to his home. At this time, Elam was carrying a stereo receiver. After some discussion, Smith gave $40 for the stereo receiver. Approximately three hours later, defendant and Elam returned to Smith’s home. At that time, defendant and Elam asked Smith if he wanted to buy some watches, diamond earrings, and a pistol. Smith declined to purchase these items. Earlier during the trial, Lee Cavanaugh had identified the stereo receiver and the watches as his property.

Chicago police detective Patrick Mokry testified that on March 19, 1986, he and several other police officers conducted a lineup at Little Company of Mary Hospital so that Lee Cavanaugh could view and possibly identify the offenders who had invaded his home. Mokry recalled that after Cavanaugh viewed the lineup for the second time, he identified Elam and defendant as the offenders.

Chicago police detective Barry Costello testified that on February 13, 1986, he arrested defendant in connection with an unrelated armed robbery and aggravated battery. Costello also served defendant with a warrant on an unrelated burglary.

Chicago police detective Stephen Brownfield testified that on March 19, 1986, he picked up defendant from Cook County jail pursuant to a court order and transported him to Area Two Police Headquarters for questioning on the instant offense.

Assistant State’s Attorney McNerney testified that on March 19, 1986, he was participating in the investigation relating to Imogene Cavanaugh’s murder. McNerney spoke to the police officers who were investigating the Cavanaugh murder and reviewed their reports of the incident. Later that afternoon, McNerney had two separate discussions with defendant. During the first discussion, defendant informed McNerney that he was hungry and thirsty. Defendant was then given some food and a soda. Later that afternoon, at approximately 4 p.m., McNerney returned to question defendant about his involvement in the Cavanaugh murder. Before McNerney questioned defendant, he read him his Miranda rights. McNerney thereafter obtained a statement from defendant which was recorded and transcribed by a court reporter.

Defendant’s statement set forth his role in the attack on the Cavanaughs. Before trial, defendant moved to suppress this confession on the grounds that the police violated his fifth amendment right to have counsel present during the custodial interrogation in which he inculpated himself. The trial court denied defendant’s motion to suppress, and defendant’s statement was read into the record at trial.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 930, 202 Ill. App. 3d 290, 147 Ill. Dec. 590, 1990 Ill. App. LEXIS 1214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bryant-illappct-1990.