People v. Clay

884 N.E.2d 214, 379 Ill. App. 3d 470, 318 Ill. Dec. 659, 2008 Ill. App. LEXIS 108
Appellate Court of Illinois·Decided February 19, 2008·No. 1-06-0450·Published·Cited by 16 cases

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

Nearly thirty-three years have passed since the murders of a doctor and two of his patients, committed in the course of a kidnapping. Defendant Roosevelt Clay has twice been tried for and convicted of these murders. In this appeal, the defendant seeks a third trial. While we are troubled by some of the issues he raises, we conclude the overwhelming weight of the evidence requires us to affirm his convictions and sentences for murder and kidnapping.

A jury convicted the defendant of three counts of murder. He was sentenced to concurrent indeterminate terms of 60 to 120 years in prison. On appeal, defendant contends the trial court erred in allowing the State to impeach defendant’s trial testimony with his prior murder conviction. Defendant also contends he received ineffective assistance of trial counsel, in violation of his sixth amendment rights.

Because prejudice to the defendant is a central issue raised by his ineffective assistance claim, we find it necessary to set out the relevant facts in some detail.

FACTS

Defendant was convicted in 1988 for the 1975 murders of Dr. Lawrence Gluckman and two of Dr. Gluckman’s patients, Minnie and Tressie Harris. In 2004, defendant filed a postconviction petition, alleging newly discovered evidence disclosed that Frank Love, a key witness for the prosecution, had lied about his motive for testifying at defendant’s trial. The trial court granted defendant’s postconviction petition and ordered a new trial. The second trial took place in December of 2005.

Prior to retrial, defense counsel filed a motion in limine to bar the State from impeaching defendant’s testimony with his 1989 murder conviction in Wisconsin. The trial court denied the motion, finding the prejudicial impact of the conviction was outweighed by its probative value.

At the second trial in 2005, the evidence established that at around 6:20 p.m. on April 25, 1975, Chicago police found the bodies of Dr. Lawrence Gluckman and two of his patients, Minnie and Tressie Harris, in Dr. Gluckman’s car. The car was parked in the middle of an alley at 10526 S. Lowe in Chicago. Dr. Gluckman’s body was found in the trunk, and the women’s bodies were found partially covered with green plastic garbage bags in the backseat. The rear window of the car was shattered. An autopsy indicated Dr. Gluckman sustained a blunt force trauma to the head and died of a heart attack. Minnie and Tressie Harris both died as a result of gunshot wounds to the head.

The parties stipulated that Dr. Gluckman, Minnie Harris, and Tressie Harris left Dr. Gluckman’s clinic at Warren and Western at around 4 p.m. on April 25. Three phone calls were made to Dr. Gluckman’s wife between 6:30 and 7:20 that evening, each demanding $100,000 be paid or Dr. Gluckman would be killed.

On April 27, 1975, Detective Anthony Katalinic arrested Frank Love after Delores Townsend named him in a statement. According to Detective Katalinic, Love implicated six people in the kidnapping and murders: Roosevelt Clay, David Clay, Harold Smith, Matthew Williams, Michael Wilson, and Willie Carter. When Detective Katalinic went to Annie Clay’s — defendant’s mother’s — home, he was given permission to search the garage. He recovered glass shards from the floor and green plastic bags similar to the type found covering the victim’s bodies in Dr. Gluckman’s car. Detective Katalinic testified that Franklin Scott identified defendant in a lineup as being one of the people he saw standing behind Dr. Gluckman’s clinic on the afternoon of the abduction.

The prior testimony of a deceased witness, Franklin Scott, was published to the jury. Scott testified that he owned a restaurant directly behind Dr. Gluckman’s clinic. At around 3:30 p.m. on April 25, 1975, Scott saw seven or eight men talking in the alley behind Dr. Gluckman’s clinic. The men were standing near a car that had its trunk hood open. Scott identified defendant and Harold Smith in court as two of the men he saw in the alley.

Scott Jennings testified that, in 1983, he worked as an FBI agent in the Chicago office. On June 13, 1983, Jennings met defendant in the Cook County jail after defendant told him he had information regarding a murder. After being advised of his Miranda rights, defendant signed a waiver of his rights and gave an oral statement regarding his involvement in a triple murder in 1975. Jennings testified he told defendant he could be prosecuted for the murders and that no threats or promises were made to induce defendant to confess. Jennings denied telling defendant to “beef up” the story and make himself an eyewitness because hearsay “wasn’t good enough.” Jennings contacted Detective Katalinic and arranged for him to interview defendant.

Detective Katalinic testified defendant gave him details during his confession that he was not able to get from anyone else questioned, including Love and Scott. Defendant told Detective Katalinic that sometime in April 1975 he went to his brother David’s house and walked in on a meeting. His brother, Willie Carter, Frank Love, Matthew Williams, and Michael Wilson were discussing a plan to kidnap Dr. Gluckman. Defendant insisted on being included in the plan. Defendant told Detective Katalinic that he brought the gun and drove to the clinic in a separate car. When Dr. Gluckman came out of the back door of the clinic with two women, defendant gave the gun to Smith. They both approached the doctor with the gun drawn. They ordered Dr. Gluckman to get into the trunk of his car. When Dr. Gluckman refused because he had a bad heart, Smith and Carter picked him up and put him in the trunk. After Williams forced the two women into the car, Williams drove the car to defendant’s aunt’s house.

Defendant told Detective Katalinic that when he discovered Dr. Gluckman was dead, he and Carter went into the house to talk to David Clay and Wilson. They decided to shoot the two women. When defendant and Carter got into the car with the two women, Carter asked, “Which one of you bitches wanna die first?” Carter then shot the women. Williams and defendant abandoned Dr. Gluckman’s car at 106th and Lowe. When Williams got into defendant’s car, defendant noticed Williams was wearing Dr. Gluckman’s gold ring and gold watch with an orange face. After defendant told Williams to get rid of the jewelry because it could link them to the murders, he drove Williams to a gas station where Williams left the jewelry in a bathroom. Defendant told Detective Katalinic that everyone involved in the kidnapping, except for Love, was a Vicelord. Defendant said some Vicelords visited Love at jail after he was arrested. They threatened to kill him if he cooperated with the police. Dr. Gluckman’s daughter testified Dr. Gluckman was wearing a gold watch when he went to work on April 25, 1975.

Frank Love testified he became Dr. Gluckman’s patient in 1974 or early 1975. Love became a friend of Delores Townsend, Dr. Gluckman’s office manager. Five days before the murders, Townsend called Love and asked him if he knew anyone who would kidnap Dr. Gluckman for ransom. Love contacted David Clay, a leader of the Vicelord gang, because he knew David Clay had previously kidnapped a drug dealer. David Clay said he was interested and helped plan the kidnapping.

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People v. Clay, 884 N.E.2d 214, 379 Ill. App. 3d 470, 318 Ill. Dec. 659, 2008 Ill. App. LEXIS 108 (Ill. Ct. App. 2008).

884 N.E.2d 214 (People v. Clay) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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