People v. Chambers

534 N.E.2d 554, 179 Ill. App. 3d 565, 128 Ill. Dec. 372, 1989 Ill. App. LEXIS 105
CourtAppellate Court of Illinois
DecidedFebruary 2, 1989
Docket2-86-0671
StatusPublished
Cited by31 cases

This text of 534 N.E.2d 554 (People v. Chambers) 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. Chambers, 534 N.E.2d 554, 179 Ill. App. 3d 565, 128 Ill. Dec. 372, 1989 Ill. App. LEXIS 105 (Ill. Ct. App. 1989).

Opinion

JUSTICE LINDBERG

delivered the opinion of the court:

Defendant, Michael Chambers, was charged with residential burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19—3(a)) in an information filed in the circuit court of Winnebago County. A jury found him guilty of that offense. He was subsequently sentenced to a 10-year term of imprisonment. Defendant has appealed this conviction of residential burglary.

Defendant raises four issues on appeal. Defendant contends that he should be granted a new trial because: (1) the trial court erred in admitting testimony that (a) defendant, “while *** in custody awaiting trial, *** threatened to harm the children of Sheila Stivers, the State’s primary witness,” and (b) the police obtained a warrant for defendant’s arrest; (2) the trial court erred in allowing the State, on redirect examination of Stivers, to elicit testimony about (a) defendant’s “alleged heroin use” and (b) “allegations that before [defendant] was arrested, he threatened to kill Stivers and her children”; (3) the trial court erred in admitting “hearsay evidence which improperly bolstered the credibility of *** Sheila Stivers”; and (4) defendant was prejudiced by the cumulative effect of improper remarks made by the prosecutor during the State’s closing arguments.

Richard Bowers and his wife returned from their honeymoon on September 30, 1985. At about 6 p.m. on October 2,1985, they left their Rockford home to go to a friend’s house for dinner. All of the doors to the Bowers’ house were locked. They returned at about 11:30 p.m. At that time, the basement door was open. Upstairs, they found that the brown-striped tan pillowcases had been removed from their king-size bed. There were many wedding gifts in the house, most from Weise’s, where Bowers’ wife had registered. These included silver trays and salt and pepper shakers. About $1,000 worth of the gifts were missing. They went downstairs, where they noticed that the back door had been pried open. Bowers had a collection of Mickey Mouse watches, dating from the mid-1930s to August of 1985, that he kept in the china cabinet. This collection, valued at $3,000 to $5,000, waá gone.

Sheila Stivers contacted Detective Stephen Benny by telephone on October 29, 1985. On October 30, 1985, Stivers gave Benny two of the Mickey Mouse watches belonging to Bowers. That afternoon, Stivers gave Detectives Benny and Gray a statement implicating defendant and Monte McCoy in the October 2 burglary. Benny and Gray went to the county jail, where McCoy was being held, and found a Mickey Mouse watch and two Australian coins, which had been taken from Bowers’ home, among the property the jail was holding for McCoy. At about 7:30 p.m. Benny and Gray went to a trailer in which McCoy and defendant had been living. Defendant, John Carr, and one or two other people were in the trailer. The detectives found two champagne buckets in the kitchen and several Mickey Mouse watches in the living room, all of which belonged to Bowers.

Benny and Gray, on November 1, 1985, received another of Bowers’ Mickey Mouse watches from Dale Harwich. Harwich testified that he had paid defendant, who said the watch was “hot,” $10 for it. A stolen television, not taken in the Bowers burglary, was found in Harwich’s home. Harwich said that he bought it from McCoy, but that he had not known it was stolen. When he talked to the police, Harwich had been afraid he might be charged with burglary in regard to the stolen television.

Sheila Stivers testified that on October 3 at around 8:15 a.m. she went to the trailer in which defendant and McCoy lived. Defendant was in his bedroom, and McCoy and Tina James were in the living room. Stivers was sitting on the bed talking to defendant “about the stuff that they had stolen the night before.” Defendant was telling her “the things they had taken out of the house that they had broken into.” When she went into the living room she saw some watches, and defendant had told her they had gotten a silver tray and some brass buckets.

While Stivers and defendant were in the bedroom talking, McCoy yelled out, “Hey, Mike, you know whose house we hit last night?” Defendant responded, “No. Whose?” Defendant and Stivers went into the living room, where McCoy and James were reading a sales receipt from one of the watch cases that had the name Richard J. Bowers on it. Defendant said, “Oh, fuck, man, it don’t matter anyways. That dude is rich.”

Defendant opened the oven door and pulled out a silver tea service. There was a wooden wheel with jewelry on it. Defendant opened the cupboards and pulled out two brass champagne coolers, taken from Bowers’ residence. In response to questions from defendant, Stivers told him that she did not know what they were and did not know what they were worth.

Later on October 3, Stivers, defendant, and McCoy went to Weise’s Department Store. Stivers took two serving dishes and a pair of salt and pepper shakers inside. Stivers used a false name to return the items for a cash refund, which she gave to defendant. At a later date, defendant and Stivers went to the Broadway Book and Stamp Store with three watches to sell. The clerk there bought one of the watches. The other two watches were the ones Stivers later gave to Detective Benny.

Defense counsel cross-examined Stivers about her testimony’s inclusion of information she had not told the police on October 30. She had not told the police about defendant’s statement, “Oh, fuck, man, it don’t matter anyways. That dude is rich.” Nor had she told the police about defendant's asking her about the value of the champagne coolers. She also testified:

“Q. [Defense counsel]: Were you scared that you might get charged with something on October 30?
• A. Yes, I was.
Q. You did not want to be deprived of your children certainly, did you?
A. No. I was scared of a lot of things when I was down here on October 30. Mike [defendant] had threatened my children’s life. I was just plain scared. I wanted him as far away from me as I could get him. I was scared to death.”

On redirect examination, the State questioned Stivers about her delay in telling the police what she knew about the Bowers burglary.

“Q. [Prosecutor]: You learned of the Bowers’ burglary on the 3rd of October, correct?
A. Yes.
Q. What is the reason you did not tell the police on the 3rd of October about the Bowers’ burglary?
A. At the time I just didn’t. I had no reason. I just didn’t.
Q. When did you get a reason.
A. The 19th of October; Mike had come to my house. We had sold some stuff to some people. I was supposed to go back and get the money. That day *** my kids’ father had died, and Mike came back to my house.
* * *

October 19 my kids’ father had died. That night I came home, and that day I was supposed to go back to pick up the money.

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Bluebook (online)
534 N.E.2d 554, 179 Ill. App. 3d 565, 128 Ill. Dec. 372, 1989 Ill. App. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chambers-illappct-1989.