People v. Bush

430 N.E.2d 514, 103 Ill. App. 3d 5, 58 Ill. Dec. 482, 1981 Ill. App. LEXIS 3816
CourtAppellate Court of Illinois
DecidedNovember 19, 1981
Docket80-70
StatusPublished
Cited by35 cases

This text of 430 N.E.2d 514 (People v. Bush) 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. Bush, 430 N.E.2d 514, 103 Ill. App. 3d 5, 58 Ill. Dec. 482, 1981 Ill. App. LEXIS 3816 (Ill. Ct. App. 1981).

Opinion

JUSTICE KARNS

delivered the opinion of the court:

Defendant, Gregory Bush, was convicted of the murders of Zelma Durbin and her son, Craig Durbin, following a jury trial in the Circuit Court of St. Clair County. The jury did not return a sentence imposing the death penalty, and the court sentenced defendant to consecutive terms of natural life imprisonment pursuant to section 5—8—1(a)(1) of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005—8—1(a)(1)), finding that the murders were accompanied by “exceptionally brutal or heinous behavior indicative of wanton cruelty.”

The following issues are raised on appeal: whether the trial court erred in informing prospective jurors that the State would be seeking the death penalty and asking them how this would affect their deliberations; whether defendant was denied a fair trial by the admission of expert testimony regarding blood type; whether the trial court erred in admitting certain rebuttal testimony regarding defendant’s prior use of knives; whether the trial court erred in allowing the prosecutor, in his closing argument, to conduct a physical demonstration re-creating the crime scene wherein he attempted to show that defendant could not have moved one of the victims’ bodies in the manner testified to; whether the consecutive life sentences were excessive; whether the natural life sentencing provision is unconstitutional; and whether the evidence was sufficient to sustain the conviction.

On May 30, 1979, at approximately 7 a.m., the Cahokia Police Department received a call from Ethyl Beardsley, Ms. Durbin’s sister-in-law. Ms. Beardsley would usually babysit for Craig after Ms. Durbin dropped him off at 6. Ms. Durbin was late this morning. Ms. Beardsley had called the Durbin residence several times and received no answer at first and then a busy signal. She then proceeded to the Durbin residence but found the house locked. At this time she went to a nearby residence and called the police.

Community Service Aid Jeffrey Goodrich was the first to arrive and Cahokia Police Sergeant Robert Staten arrived shortly thereafter. Officer Staten broke into the house and found the victims’ bodies, Ms. Durbin in the kitchen and Craig in one of the bedrooms. The officer then began searching the premises. During Goodrich’s investigation the defendant, who lived next door to the Durbins, called out through his window and asked if the Durbins had been “ripped off.” Detective Henry Evans was the next officer to arrive at the scene. When defendant spoke to Detective Evans through his window, Evans asked defendant to come outside. Defendant came out wearing blue jeans, shoes and glasses. Detective Evans noticed a red substance on defendant’s stomach and the underside of his arms which appeared to be blood. Defendant stated that the blood came from a fight he had with his girl friend, Annette Noe. Evans went to talk with Ms. Noe and upon returning placed defendant under arrest, read him his Miranda rights, and had defendant sign a waiver of those rights. Defendant testified that the statement concerning the fight with his girl friend was false.

Crime technician Alva Busch obtained samples of blood from defendant’s hands, arms and stomach, took photographs of defendant and collected his clothes and glasses. The glasses were taken since they were also bespeckled with blood.

Throughout this period, defendant repeated the phrase, “I didn’t rip them off.” Defendant testified that he in fact stated that, “I didn’t take anything out of the house.”

Alva Busch and Henry Edens, crime technicians, processed the scene. The following items were found in the kitchen area of the Durbin residence. Two telephones were found with the cords cut and smeared with a red substance, later determined to be blood. Hair, without roots, in considerable amounts was found on the floor near Ms. Durbin’s body. Two rugs in the kitchen were soaked with blood. A large wood fragment was found on the floor with other wood fragments a few feet away. The larger items in the kitchen, the appliances, a wooden stool and the counter all had varying amounts of blood on them. The contents of a woman’s purse were on the counter. Ms. Durbin was found wearing a bra, a blouse, an earring in her left ear and three quarter length hosiery. Busch and Edens then proceeded to the bedroom where Craig’s body was found. Craig was found lying on the bed wearing a T-shirt. Underpants were on the floor to the left of the bed. The area of the bed surrounding his body was soaked with blood as was the wall above the bed. A knife with a serrated blade was found in the room. There was no handle on the knife and the blade was covered with blood.

Blood samples were taken from the crime scene with samples of the two victims, and the defendant taken for purposes of comparison.

Defendant was taken into custody at the Cahokia police station where he was interrogated by Detective Sergeant Robert Baldwin and Detective Charles Sharp. Defendant stated that earlier that evening he had been with his girl friend, Annette Noe, and had taken her home at approximately 3 a.m. Then he returned to his house with a friend, Donna Darnell, and stayed there until approximately 6:45 a.m., at which time he took her home. Defendant stated that after he took Ms. Darnell home that he became involved in an incident with some black people at which time he engaged in a fight and cut his hand on some glass on the ground. During the interrogation, the officers took the defendant to have his hand treated by a physician. Defendant then stated that he had not cut his hand on glass but rather his hand had been cut by a knife when the black man attacked him. Defendant stated that he threw up his hands while preparing to do a karate kick and that the black man cut him. Defendant further stated that he dragged the black man, by his hair, down by the river and threw him in. Defendant then took the officers to the location of the alleged incident. The officers found no tire tracks or other indication that such an incident took place. At this point defendant stated that “[i]t didn’t happen the way I told you.”

Defendant then stated that he arrived home at approximately 6:30 a.m., went into his bedroom, opened a window and lay down. A few minutes later defendant observed Ms. Durbin getting into her station wagon. He went outside for the purpose of talking to her. When he got outside he observed her walking around the front of her house. Defendant followed, lost sight of her for a short time, and eventually went around to the front of the house. Defendant opened the door and found Ms. Durbin lying face down with blood surrounding her. Defendant stated that he turned her over, noting “that she was butchered like a hog.”

The officers then proceeded to defendant’s house after obtaining a consent to search form which defendant signed. When they reached the house they entered defendant’s bedroom and defendant retrieved prescription bottles, with Ms. Durbin’s name on them, from under his bed. Officer Baldwin reached under the bed and pulled out a blood-stained jacket. Also found was a gold medallion and chain, later identified to be Ms. Durbin’s. At this point defendant admitted taking the prescription bottles and the medallion and chain from Ms. Durbin’s house. A pair of cut-off blue jeans with wood fragments in the rear pocket was also recovered from defendant’s bedroom.

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Bluebook (online)
430 N.E.2d 514, 103 Ill. App. 3d 5, 58 Ill. Dec. 482, 1981 Ill. App. LEXIS 3816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bush-illappct-1981.