People v. Campbell

557 N.E.2d 556, 199 Ill. App. 3d 775, 145 Ill. Dec. 786, 1990 Ill. App. LEXIS 811
CourtAppellate Court of Illinois
DecidedJune 1, 1990
Docket1-88-0819
StatusPublished
Cited by10 cases

This text of 557 N.E.2d 556 (People v. Campbell) 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. Campbell, 557 N.E.2d 556, 199 Ill. App. 3d 775, 145 Ill. Dec. 786, 1990 Ill. App. LEXIS 811 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Following a jury trial defendant Alex Campbell was convicted of attempted murder (Ill. Rev. Stat. 1987, ch. 38, pars. 8—4, 9—1), home invasion (Ill. Rev. Stat. 1987, ch. 38, par. 12—11(a)), aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12—4), and armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A—2). He was acquitted of aggravated unlawful restraint (Ill. Rev. Stat. 1987, ch. 38, par. 10—3.1(a)) and sentenced to concurrent sentences of five years on the aggravated battery and 20 years each on the other charges.

On appeal defendant contends that: (1) he was denied due process because the State failed to disclose exculpatory statements; (2) he was denied a fair trial because the court allowed improper rebuttal to be introduced and failed to issue limiting instructions; (3) he was denied a fair trial because of the State’s improper closing argument; (4) the evidence was not sufficient to prove his guilt beyond a reasonable doubt; and (5) the sentences were excessive. We affirm.

The facts are these: Campbell had lived at 3104 West Douglas, Chicago, Illinois, with Genise Waters, his common-law wife. Also living in the apartment were Lynette Marshall and Vera Waters, who were sisters of Genise, and others. Shortly before August 30, 1986, Campbell separated from Genise Waters and moved. On that date, he entered the apartment with a gun. Shots were fired, and Lynette Marshall was hit three times.

Vera Waters testified for the State that Campbell had come to the door three to five times that day, but she had refused to let him in. At about 2:30 p.m., she heard a knock at the door. When she asked who was there, her 12-year-old nephew responded. She asked if he were alone and he said “yes.” When she opened the door, the nephew was standing there with Campbell three feet behind. Campbell pushed past her and the boy and went into the apartment. According to Waters, he then fired a shot at Lynette Marshall, jerked the phone out of the wall and headed in the direction of the kitchen. Marshall ran into another room, and Vera Waters ran outside the apartment.

Lynette Marshall testified for the State and confirmed that Campbell fired a shot at her. She did not leave the apartment with her sister but went into a bedroom. She saw Campbell grab Genise Waters with his left hand and hold a gun to her head with his right. At that point Genise Waters said, “Don’t shoot my sister.” According to Marshall, Campbell then shot her three times at close range.

Both Campbell and Genise Waters testified for the defense. Waters stated that she and Campbell had talked in the hallway outside the apartment earlier in the day on August 30, and she had invited him to return. Both Campbell and Waters testified that the shooting was an accident. Campbell had threatened to shoot himself and aimed the gun at his own leg. According to both witnesses, while Genise Waters tried to deflect Campbell’s gun, it discharged three times and hit Marshall with all three shots.

On cross-examination, Waters admitted talking to police officer Charles Williams on the day of the shooting. According to her testimony, she told Williams that Campbell had held a gun to her head but she denied telling Williams that defendant shot Marshall once, then twice more as Marshall moved away. Waters also testified about a conversation during the week of trial with Assistant State’s Attorney Neal Goodfriend (ASA Goodfriend) in the presence of Officer Williams and Assistant State’s Attorney Dawn Overend (ASA Overend). Waters admitted that, in this discussion, she had not told the State about holding Campbell’s arm as he shot Marshall. She did tell the assistant State’s Attorney that Marshall was about four feet away when Campbell shot her.

The State recalled Officer Williams as a rebuttal witness. Williams testified that Genise Waters had told him Marshall was shot the first time while she was trying to help Waters and shot the second and third times while she was trying to escape. The court overruled defense objections to this testimony, holding that it was proper rebuttal. Then Officer Williams described the conversation between Waters and ASA Goodfriend. In that discussion Waters had not mentioned how she grabbed Campbell’s arm in her attempt to prevent defendant from hurting himself. He also stated that Waters said her sister was about four feet from Campbell when she was shot. The defendant objected once during this segment of Williams’ testimony on the grounds that a question was leading. That objection was overruled.

During closing argument, the State summarized numerous facts which had been brought out in the testimony of Campbell, Marshall, Vera Waters, Genise Waters, Officer Williams, and others.

The State also discussed the elements it had to prove for the attempted murder charge. The prosecutor began by telling the jury that the judge would instruct them on the law. He continued by saying that the prosecution must prove there was a “substantial step” toward the commission of the crime and that the defendant “wished to kill” the victim. He then discussed the steps taken by Campbell and asserted that Campbell showed “intent when he pointed that gun at Lynette Marshall on that date.” The defendant did not object during this discussion.

The defense closing was very brief. After thanking the jury, defense counsel told them:

“I am sure that when the Court instructs you and sends you into the jury room to deliberate that *** you will read the instructions carefully. You will dissect them and consider what you have been told by the Court by way of deliberation [sic], and that upon the conclusion of your deliberations, you will conclude that the State had not proved Alex Campbell guilty of these charges.”

The prosecution opened its rebuttal argument by saying, “Counsel stated that we haven’t proven him guilty of these charges,” and proceeded to outline the evidence. Defendant objected that the State was going into new questions like the credibility of witnesses. The objection was overruled.

The prosecutor then began talking about what “everyone is taught, at least in my home.” Defendant objected. The court told the jury to disregard any comments about the “personal accomplishments” of the attorney. The prosector continued: “We are all brought up that human life is the most valuable thing we can have, and he disregarded her life on that day. He disregarded many people’s, many individuals’ lives in that apartment.” The defendant made no further objection, and the prosecutor went on to outline evidence.

At the end of the trial, the parties agreed on jury instructions. These did not include Illinois Pattern Jury Instructions, Criminal, No. 3.11 (2d ed. 1981) (hereinafter IPI Criminal 2d), the instruction for impeachment by prior inconsistent statements.

Defendant filed a motion for a new trial. He alleged that Genise Waters talked to the prosecution during the week of the trial, had altered her original story in a way favorable to Campbell, and that the State did not disclose any such conversation to defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.E.2d 556, 199 Ill. App. 3d 775, 145 Ill. Dec. 786, 1990 Ill. App. LEXIS 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campbell-illappct-1990.