People v. Cleesen

531 N.E.2d 1113, 177 Ill. App. 3d 103, 126 Ill. Dec. 486, 1988 Ill. App. LEXIS 1725
CourtAppellate Court of Illinois
DecidedDecember 15, 1988
Docket4-88-0182
StatusPublished
Cited by11 cases

This text of 531 N.E.2d 1113 (People v. Cleesen) 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. Cleesen, 531 N.E.2d 1113, 177 Ill. App. 3d 103, 126 Ill. Dec. 486, 1988 Ill. App. LEXIS 1725 (Ill. Ct. App. 1988).

Opinion

JUSTICE SPITZ

delivered the opinion of the court:

Defendant Melvin R Cleesen was charged by indictment on August 28, 1987, with three counts of first degree murder, one count of home invasion, and one count of conspiracy (Ill. Rev. Stat. 1987, ch. 38, pars. 9-1(a)(1), (a)(2), (a)(3), 12-11(a)(2), 8-1(a)).

On October 22, 1987, the defendant filed a motion to suppress statements he made to police officers during interrogations that took place on August 10, 1987. The motion alleged that the statements were made as a result of threat and coercion, and therefore, were not given voluntarily. A suppression hearing was held on November 2, 1987, at the conclusion of which the motion was denied. The evidence presented at this hearing will be discussed where relevant to the issues presented.

One of the murder counts (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)(1)) was dismissed on January 14, 1988, on motion by the State. The cause then proceeded to trial on the remaining four counts. The prosecutor’s theory was that the defendant was accountable for the conduct of Tommy Bailing and Paul Wayman. The evidence disclosed that Bailing and Wayman had broken into an upstairs apartment located at 1110½ State Street in Quincy, Illinois, and ransacked the apartment, looking for money. The incident took place sometime between the hours of 7 p.m. on August 6, 1987, to 1:30 p.m. on August 7, 1987. The woman who lived in the apartment, Mae Barry, died during the incident.

Br. Jordin Lee Mann, who performed the autopsy on Barry’s body, testified that the exact cause of death was undetermined. In performing the autopsy, Mann observed multiple contusions, located primarily on Barry’s arms and legs and around the mouth. He found an area of hemorrhage between Barry’s scalp and skull. Further, he determined that there had been two distinct blows to the head from a fairly broad surface. He reasoned that one blow might have been caused by someone knocking her off the bed and banging her head on the floor. Mann also found extensive blunt trauma to Barry’s chest which resulted in rib fractures. He believed that this could have been caused by someone jumping on her as she lay on the bed. Additionally, Mann found some type of blunt injury to Barry’s left back area. At the time of her death, Barry was 85 years old, was 5 feet IV2 inches tall and weighed 89 pounds.

Charlie Mudd owned the apartment building in question and lived in the apartment located downstairs from Barry’s. He had thrown a party at his apartment on the evening of the incident. A number of people attended the party and several kegs of beer were served. Among those attending the party were the defendant, Tommy Bailing, and Paul Wayman — defendant’s mother’s live-in boyfriend. According to Mudd, he had seen Barry in her apartment at approximately 7 p.m. on the night of the party. At approximately 1:30 p.m. the following day, Mudd found Barry’s door ajar and discovered her body. The police were then contacted.

Quincy police officers Grant and Meyer initially investigated the scene. When the officers arrived, they found Barry lying supine on the floor by her bed, and the apartment was in a state of disarray. Furniture had been overturned, a fan had been knocked to the floor, the bed and rug were pulled away from the wall, and the mattress was off-center on the bed. In the closet area, numerous containers, some containing jewelry, were scattered with the lids off. The investigating officers removed the carpet and found two envelopes, one containing $250 and the other containing $275. They discovered a broken chain lock on the apartment door and found fingerprints on the transom above the door, indicating a forced entry. No valuables or cash appeared to be missing. An employee of Illinois Bell Telephone Company testified that a telephone line along the outside of the apartment building had been cut by a pocketknife or a pair of cutters.

Mudd also owned an apartment building located behind the one in which Barry lived. Mudd testified that Melvin “Butch” Schamma, who lived in the second apartment building, had previously told Mudd that he thought Barry had large amounts of cash in her apartment. Mudd further testified that Tommy Bailing, an amateur boxer, had lived with Schamma during part of the summer of 1987. Mudd had several prior burglary and theft convictions.

Schamma testified that Bailing had lived upstairs from him. Schamma admitted telling Bailing and Wayman that he thought Barry had as much as $20,000 in cash in her apartment. He further admitted to having “several” conversations with Bailing about the cash. Schamma stated that he had been involved in a number of residential burglaries with Bailing and Wayman.

Linda Cleesen, defendant’s mother, testified that Paul Wayman and the defendant had developed a father- and son-like relationship. Cleesen stated that Wayman and the defendant left home on the evening of August 6, 1987, and returned at 2 a.m. the following morning. The two were “drunk” and Wayman had to assist the defendant into the house.

Sheriff Nall of the Adams County sheriff’s department testified that he interviewed Bailing on August 9, 1987, several days after the incident. Bailing implicated himself, Paul Wayman, and a man named “Melvin” in the planning of the robbery of Barry’s apartment. Bailing did not explain whether this Melvin was the defendant, Melvin “Butch” Schamma, or some other person. The defendant had been connected to Wayman and was seen by witnesses at the party on the night of the incident. The defendant was brought to the police station for questioning on August 9,1987.

A taped admission and oral admissions made by the defendant during questioning were introduced into evidence. The substance of these admissions was that the defendant and Wayman attended Mudd’s party on the night of the incident. The defendant and Way-man drank 12 to 13 beers and were “drunk.” The defendant also smoked marijuana at the party. Bailing also attended the party and at some point approached Wayman and the defendant and said that the woman upstairs had a lot of money. Bailing explained that he was going on a trip to New York and needed money fast. Bailing wanted their help in robbing Barry’s apartment. The defendant walked away and Wayman and Bailing had a conversation. After a while, defendant walked back up to the two men and Wayman asked him to assist in the robbery as a lookout. After this, the three men twice walked up the stairs of the apartment building, but retreated both times. The defendant was thereafter driven by Wayman to a bar, where he drank two to three more beers. Upon returning to Mudd’s apartment building, Bailing approached them again and said, “Let’s do it now.” The three men then entered the front doors of the building and walked up the steps. The defendant stood at the top of the steps and watched Bailing lift Wayman up so that he could look through the transom above Barry’s door. Befendant watched the staircase and the doors to see if anyone entered. He heard the sound of a door being pushed in, a woman screaming and a door being shut. He then heard a thud. Three to five minutes later, Bailing and Wayman exited Barry’s apartment at a fast pace. Wayman and the defendant then exited the building, but Bailing did not.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.E.2d 1113, 177 Ill. App. 3d 103, 126 Ill. Dec. 486, 1988 Ill. App. LEXIS 1725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cleesen-illappct-1988.