People v. Carson

606 N.E.2d 363, 238 Ill. App. 3d 457, 179 Ill. Dec. 531, 1992 Ill. App. LEXIS 1814
CourtAppellate Court of Illinois
DecidedNovember 12, 1992
Docket1-88-1760
StatusPublished
Cited by33 cases

This text of 606 N.E.2d 363 (People v. Carson) 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. Carson, 606 N.E.2d 363, 238 Ill. App. 3d 457, 179 Ill. Dec. 531, 1992 Ill. App. LEXIS 1814 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE GREIMAN

delivered the opinion of the court:

William Carson was convicted of the murder of Terrence Jones and sentenced to 28 years’ imprisonment.

On appeal, defendant raises issues as to whether: (1) the trial court erred in refusing to allow defense counsel to admit into evidence codefendants’ statements which did not incriminate defendant in the murder; (2) the trial court erred in allowing a police officer’s testimony on gang activity that occurred prior to and during the period in which the victim was killed; (3) the prosecutor’s comments were so inflammatory, prejudicial and unsupported by evidence as to cumulatively deny defendant a fair trial; and (4) the trial court erred in failing to inform jurors during voir dire of the State’s burden of proof and the presumption of innocence.

We affirm defendant’s conviction.

At approximately 9:30 p.m. on May 20, 1986, 12-year-old April Murdock and 16-year-old Terrence Jones played outside of the highrise apartment buildings at the Cabrini-Green housing project where they lived. April heard a shot and felt a bullet pass by her ear. She and the victim ran toward the building at 1159 North Cleveland Avenue and paused near the outside stairs. April looked up at the 534 West Division Street building to determine the source of the shots. She testified that her attention was focused on that particular building because shots were often fired from there. She observed a window on the third floor from the top of the building with orange curtains and two people with dark skin looking out of the window. April testified that one person wore a white hat and the other held a rifle with a scope attached, and the rifle was pointed at the 1159 North Cleveland Avenue building where April and the victim stood. April ran into the 1159 North Cleveland Avenue building and within moments heard three or four more shots fired, one of which hit the victim, who fell to the ground.

Detective Thomas Blomstrand testified that April showed him and his partner, William Baldree, which window had the orange curtains at 534 West Division Street. Outside of apartment 1402, the officers noticed a gang symbol for the Black Gangster Disciples with the word “Mickey” written across it. Leslie Mickey, codefendant Robert Mickey’s mother, allowed the officers to look into her son’s bedroom, where orange curtains hung. The officers noticed that from the window there was a clear line of sight to the area where the victim had been shot. Detective Blomstrand testified that he recovered a white cap from the apartment of David Carson, the defendant’s brother.

Officer De Rosa testified that on June 12, 1986, three weeks after the murder of Terrence Jones, he and his partner investigated a report of a man with a shotgun in the vicinity of Larrabee and Division Streets, which is where the 534 West Division Street building is located. Officer De Rosa observed defendant standing in the lobby of the building at 534 West Division Street holding a red and black rifle case, while another man stood next to defendant holding a sawed-off shotgun at his side. The two suspects fled into the stairwell and defendant was later apprehended on the 14th floor of the 534 West Division Street building. Inside the rifle case, the officers found a loaded .22-caliber Remington Speedmaster rifle and numerous rounds of ammunition.

Officer Chenow testified that he performed tests on the .22-caliber rifle and found that although he could not say conclusively that it was used to kill the victim, it could not be ruled out. Thereafter, defendant was advised of his constitutional rights and subsequently gave a detailed account of the murder to Detective Baldree, implicating himself in the crime.

Defendant also made a court-reported statement to Assistant State’s Attorney Michael Gerber on June 13, 1986. In the statement, he recounts that at approximately 9:30 p.m. on May 20, 1986, he was in Robert Mickey’s bedroom in apartment 1402 at 534 West Division Street. Defendant’s brother, David Carson, and Robert Mickey were also there. Defendant stated that Robert Mickey fired a shot from his window toward the building at 1159 North Cleveland Avenue in the direction of the victim. Defendant recalled that after the first shot, Mickey started shaking and could not hold the gun steady. Defendant, who admitted that he was wearing a white painter’s cap at the time, wrapped his arms around Mickey in order to brace him, and another shot was fired toward the victim. Defendant further admitted that the gun recovered from him on June 12, 1986, was the same gun used in the murder. Defendant stated that he understood the victim to be a member of a rival gang, the Vice Lords, which was “on bad terms” with defendant and Mickey’s gang, the Black Gangster Disciples, and that the victim had previously shot at Mickey.

Defendant first argues that the trial court erred when it refused to allow into evidence the statements of codefendants David Carson and Robert Mickey because those statements were exculpatory as to defendant.

Defense counsel sought to introduce the statements of the codefendants because of the similarity of the two statements and the fact that both fail to state that defendant had any role in the victim’s murder. The absence of such a nexus could cast serious doubt in the minds of the jurors that defendant was guilty of the charged offense or that his confession was voluntary.

Extrajudicial declarations may be admissible under the statements-against-penal-interest exception to the hearsay rule. (People v. House (1990), 141 Ill. 2d 323, 566 N.E.2d 259; People v. Bowel (1986), 111 Ill. 2d 58, 66, 488 N.E.2d 995.) Bowel cites Chambers v. Mississippi (1973), 410 U.S. 284, 35 L. Ed. 2d 297, 93 S. Ct. 1038, holding that the determination to be made as to the admissibility of such a declaration is whether it was made under circumstances that provide “considerable assurance” of its reliability by objective indicia of trustworthiness. Bowel, 111 Ill. 2d at 67.

The criteria for trustworthiness set out in Chambers and adopted in Bowel are: (1) the statement was made spontaneously to a close acquaintance shortly after the crime occurred; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the declarant’s interest; and (4) there was adequate opportunity for cross-examination of the declarant. The existence of all four factors is not required for a statement to be admitted, but there must exist other considerable assurances of the statement’s trustworthiness. House, 141 Ill. 2d at 390; People v. Nally (1991), 216 Ill. App. 3d 742, 768-69, 575 N.E.2d 1341.

In the present case, the trial court determined that the statements, inter alia, did not meet the first and fourth Chambers indicia and thus were inadmissible hearsay which was not trustworthy because they were not made to a close acquaintance shortly after the crime and the codefendants were unavailable for cross-examination.

Defendant relies on People v. Kokoraleis (1986), 149 Ill. App.

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Bluebook (online)
606 N.E.2d 363, 238 Ill. App. 3d 457, 179 Ill. Dec. 531, 1992 Ill. App. LEXIS 1814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carson-illappct-1992.