People v. Burnett

640 N.E.2d 1350, 267 Ill. App. 3d 11, 204 Ill. Dec. 1, 1994 Ill. App. LEXIS 1308
CourtAppellate Court of Illinois
DecidedSeptember 30, 1994
DocketNo. 1—82—2213
StatusPublished
Cited by1 cases

This text of 640 N.E.2d 1350 (People v. Burnett) 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. Burnett, 640 N.E.2d 1350, 267 Ill. App. 3d 11, 204 Ill. Dec. 1, 1994 Ill. App. LEXIS 1308 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE TULLY

delivered the opinion of the court:1

Defendant, Melvin Burnett, was charged by indictment with four counts of murder, armed robbery, attempt (armed robbery), conspiracy to commit armed robbery and armed violence. After a bench trial, defendant was convicted as charged with the exception of an acquittal on the charge of armed robbery. Subsequently, defendant was sentenced to 80 j ears’ imprisonment for the four murder counts, 15 years’ imprisonment for attempt (armed robbery), 7 years’ imprisonment for conspiracy and 15 years’ imprisonment for armed violence, all terms to run concurrently. Defendant appeals to this court from the judgment of conviction pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603).

For the reasons which follow, we affirm and remand.

FACTUAL BACKGROUND

On August 21, 1980, Carl Stohn was shot to death in the area of 950 North La Salle Street in Chicago. Defendant, along with Billy Martin, a codefendant, was indicted for the crime as indicated above. Martin is not a party to this appeal.

Prior to trial, defendant filed a motion to suppress certain statements after his arrest on November 15, 1980, made to the police and an assistant State’s Attorney. Defense counsel contended that defendant did not possess the requisite mental ability to make a voluntary, knowing and intelligent waiver of his rights under Miranda. Accordingly, the trial court held a suppression hearing at which Detectives Clay Steen, John Bittenbinder and Thomas Sappanos of the Chicago police department and Assistant State’s Attorney Paula DaLeo testified as to the circumstances of their conversations with defendant.

Bittenbinder recounted that he read defendant his Miranda rights from a sign on the wall of the interview room in the police station. After defendant said that he understood his rights, Bitten-binder questioned defendant about the shooting with no one else present. Bittenbinder testified that he did not threaten or harass defendant during their conversation, and stated that defendant did not appear to be afraid during the interview or comport himself in an unusual way.

Following Bittenbinder’s interrogation of defendant, DaLeo was called to assist. DaLeo had three conversations with defendant about the shooting of Carl Stohn. The first interview took place at the police station in the presence of Sappanos. DaLeo questioned defendant about 10 to 15 minutes after she read him his Miranda rights.

Shortly after DaLeo’s first interview with defendant, she had a second conversation with him in the presence of Sappanos, Bitten-binder and Detective O’Leary. The second interview took place at the crime scene and lasted about 10 to 15 minutes.

Finally, DaLeo had a third conversation with defendant at the police station in the presence of Sappanos and a court reporter. The court reporter transcribed a statement by defendant and DaLeo gave it to him.

Sappanos testified that defendant was cooperative and did not appear to be nervous. Sappanos was present when defendant was given the statement prepared by the court reporter to read. Sappanos stated that he viewed defendant signing the statement and noticed nothing unusual about defendant’s signature.

After the State finished presenting its case at the suppression hearing, the trial court announced that it would rule on the motion to suppress at the next hearing. Defense counsel responded that two members of defendant’s family would testify along with a doctor from the Psychiatric Institute, a division of the circuit court of Cook County. The trial court asked what bearing the doctor’s testimony would have on the motion to suppress. Defense counsel responded the doctor would testify concerning defendant’s ability to understand his Miranda rights, whether he was able to resist pressure by authorities during interrogation and whether he could give a statement of his own volition. The trial court would not allow the doctor to testify as a rebuttal witness. The trial court then continued the hearing for five days so defendant could present additional witnesses. The additional witnesses never appeared. The trial judge denied defendant’s motion to suppress. The case then went to trial.

At trial, both defendant and Martin waived their right to a jury trial and were jointly tried by the court. It was stipulated that Dr. Daniel Delboccio, a pathologist with the Cook County medical examiner’s office, performed an autopsy on Carl Stohn on August 21, 1980, which revealed that he died as a result of a gunshot wound to the head. The parties further stipulated Carl Stohn’s friend of 12 years, Lee McGovern, if called to testify, would state that he went to the Cook County morgue and identified the victim.

Bittenbinder testified that on August 21, 1980, he received an assignment in the area of 950 North La Salle Street. Bittenbinder recounted that when he arrived on the scene he observed the victim on the sidewalk with a gunshot wound above his right eye.

DaLeo testified at trial as to the circumstances of her interviews with defendant and his signing the statement prepared by the court reporter. The written statement was then introduced into evidence at trial. In the document, defendant stated that on August 21, 1980, he planned with Melvin Lewis to "go out and stick up somebody.” Lewis gave defendant a pistol and defendant left with Martin. Subsequently, defendant and Martin went to Madden Park, where they met a man called "Demp.” Upon leaving the park, defendant, Martin, an individual known as "Hitman,” and two other persons traveled in a stolen automobile to the intersection of Division Street and La Salle Street. The five men saw the victim coming down the street. The car was stopped and defendant, Martin and Hitman exited it near a bus stop. As the victim walked behind defendant, defendant "wheeled around on him and put the gun to [the victim’s] head, and said, this is a stickup.” Defendant pushed the victim up against a fence. The victim grabbed Martin’s collar. Martin then said three times "shoot him.” As defendant held the gun against the victim’s head, he shot the victim and ran away.

Following closing arguments, the trial court found defendant and Martin guilty. Subsequently, the trial court heard and denied defendant’s motion for a new trial.

At the State’s request, the trial court conducted a death penalty hearing concerning defendant. After the exhaustive hearing was completed, due to defendant’s lack of prior "extreme criminal activity,” the trial court declined to impose the death penalty.

ISSUES PRESENTED FOR REVIEW

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Cite This Page — Counsel Stack

Bluebook (online)
640 N.E.2d 1350, 267 Ill. App. 3d 11, 204 Ill. Dec. 1, 1994 Ill. App. LEXIS 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burnett-illappct-1994.