People v. Clay

570 N.E.2d 335, 211 Ill. App. 3d 291, 155 Ill. Dec. 822, 1990 Ill. App. LEXIS 1963
CourtAppellate Court of Illinois
DecidedDecember 28, 1990
Docket1—88—2187, 1—89—3115 cons.
StatusPublished
Cited by12 cases

This text of 570 N.E.2d 335 (People v. Clay) 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. Clay, 570 N.E.2d 335, 211 Ill. App. 3d 291, 155 Ill. Dec. 822, 1990 Ill. App. LEXIS 1963 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

In a consolidated action, defendant appeals his 1988 triple murder conviction and a 1989 ruling denying him a new trial on the murders based on newly discovered evidence. On the murder case itself, defendant contends that the trial court improperly denied his motion to suppress statements he made inculpating him in the murders. On the motion for a new trial, defendant contends the trial court erred in rejecting new evidence which defendant contends proved the defendant was telling the truth when he made the damaging statements uttered during plea negotiations. The State contends that the motion to suppress in the murder trial was properly denied and that the “new” evidence presented by defendant is merely cumulative and serves only to impeach a State witness, which is not enough to warrant a new trial.

In 1975, defendant Roosevelt Clay was subpoenaed to appear before a Cook County grand jury hearing evidence on the murder of three people in Chicago, Dr. Lawrence Gluckman, Tressie Harris and Minnie Harris. He exercised his right to remain silent initially but later testified that he had no knowledge of the deaths of the three individuals. He was never charged. Eight years later he was named defendant in two armed robbery cases pending in two different courts in Cook County.

Defendant testified at the hearing on the motion to suppress that he believed Chuck Renzeno and Willie Carter set him up for armed robbery because Carter mistakenly believed defendant had stolen Carter’s checkbook and cashed $22,000 worth of checks. In February 1983, in an effort to prove he was set up for the first armed robbery, defendant phoned the Federal Bureau of Investigations (FBI) in Chicago and agreed to provide them with information on various individuals whom he believed had set him up. The FBI and defendant agree that it was at this time that the defendant began cooperating and provided them with information on drug trafficking; however, no “plea negotiations” were underway.

On May 17, 1983, a jury found defendant guilty of the first of the two armed robbery charges. Within the next few weeks, defendant phoned the FBI again, asking if they would help him. Defendant maintains that he continued to cooperate with the FBI because agents told him they would aid in his effort to receive a concurrent minimum sentence of six years for both armed robbery charges when he pled guilty to the second armed robbery. Defendant contends he was told on June 3, 1983, that he had to provide information on something of interest to State authorities in order for the FBI to help him out on the second robbery case.

On June 6, while in custody, defendant phoned the FBI again, this time telling them he could provide information to them about a murder in Wisconsin in 1982. At this point, defendant contends he entered into plea negotiations, offering to plead guilty to the second State robbery charge and provide more information on other crimes if, in exchange, he would receive six-year concurrent sentences for the two armed robbery convictions. The State contends that defendant volunteered information about the murder and provided all subsequent information without inducement.

On June 13, 1983, two FBI agents, including Scott D. Jennings, went to the Cook County jail to interview the defendant. Consistent with bureau policy, they read defendant his Miranda rights and had him sign a waiver of rights form. Thereafter, he provided information on his involvement in a homicide in Wisconsin and a triple homicide in Chicago for which he was later indicted. This meeting marked the first time defendant told the FBI about the Chicago murders.

On August 29, 1983, defendant repeated the statements to two Chicago police officers who handled the initial investigation on the 1975 murders after Jennings had contacted them. Defendant concedes that no promises were made to him by the Chicago police. He later testified at a motion to suppress hearing that he made the statements to State authorities because FBI agent Jennings, with whom he had been working, told him not to worry but just to cooperate with the State police and answer their questions.

In December 1983, defendant was sentenced to nine years for the first armed robbery conviction. No FBI agent spoke on his behalf at the sentencing hearing. Defendant subsequently pled guilty on the second armed robbery charge and received a sentence of nine years to run concurrently with the first nine years.

In March 1984, angered because he did not receive a six-year sentence for the armed robberies, defendant ceased cooperating with the FBI.

Defendant was indicted September 10, 1984, for the 1975 murders of Dr. Lawrence Gluckman and two of his patients, Minnie and Tressie Harris. On July 14, 1986, after the State responded to discovery requests, the defendant moved to suppress statements made by him in 1983 to members of the Chicago police department and the FBI, which implicated him and others in the triple murder in Chicago.

Defendant argues that the statements were made during plea negotiations involving two unrelated armed robbery charges he faced and were therefore inadmissible under Supreme Court Rule 402(f) (134 Ill. 2d R. 402(f)). Rule 402(f) states: “If a plea discussion does not result in a plea of guilty, or if a plea of guilty is not accepted or is withdrawn or if judgment on a plea of guilty is reversed on direct or collateral review, neither the plea discussion nor any resulting agreement, plea, or judgment shall be admissible against the defendant in any criminal proceeding.” 134 Ill. 2d R. 402(f).

On May 2, 1988, the court heard testimony and arguments on defendant’s motion to suppress his statements. The defendant testified on his own behalf, stating that he first phoned the FBI in February 1983 after he was released on bond on pending State armed robbery charges.

The defendant testified that he wanted to prove he had nothing to do with the robbery. When asked why he helped the FBI out, defendant said: “[I]f he [sic] help me to prove that I didn’t do this here, I’ll hook Chuck Renzeno and Willie and [Mike] Switek up whatever their business dealings were.” Defendant testified that as part of his cooperation in the ensuing months, he wore a wire and was under surveillance when he met with Switek “just to get Willie and Chuck Renzeno for getting me at first. That’s what it was about.”

Defendant testified that he brought up his pending armed robbery cases around the third or fourth time he met with FBI agent Jennings. Defendant testified that: “They wanted to brief me all that I knew, and they told me that they will help. They give me continuances as long as it takes to do this and at the end they make it be known that cooperation and try to get me less time as possible.” Defendant testified that it was his understanding that he would continue to help the FBI out, providing them information on drug running and other criminal activity and that in return they would have his case delayed in court.

Defendant testified that he appeared in court on May 17, 1983, and learned that his case was set for trial despite FBI agents’ assurances that the case would be continued until they had time to gather more information from him.

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Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 335, 211 Ill. App. 3d 291, 155 Ill. Dec. 822, 1990 Ill. App. LEXIS 1963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clay-illappct-1990.