People v. Connery

694 N.E.2d 658, 296 Ill. App. 3d 384, 230 Ill. Dec. 689, 1998 Ill. App. LEXIS 289
CourtAppellate Court of Illinois
DecidedMay 1, 1998
Docket3-97-0164
StatusPublished
Cited by8 cases

This text of 694 N.E.2d 658 (People v. Connery) 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. Connery, 694 N.E.2d 658, 296 Ill. App. 3d 384, 230 Ill. Dec. 689, 1998 Ill. App. LEXIS 289 (Ill. Ct. App. 1998).

Opinions

JUSTICE HOLDRIDGE

delivered the opinion of the court:

Following a jury trial, the defendant was convicted of first degree murder (720 ILCS 5/9 — 1(a)(1) (West 1992)) and concealment of a homicidal death (720 ILCS 5/9 — 3.1(a) (West 1992)). He was sentenced to natural life imprisonment on the first degree murder conviction and five years’ imprisonment on the concealment of a homicidal death conviction. On appeal, defendant maintains that: (1) the trial court committed reversible error in admitting evidence of his statements made during a hearing in which a guilty plea to the charges at issue was entered of record; (2) he was afforded ineffective assistance of counsel; and (3) his natural life sentence was excessive. We affirm.

Facts

The defendant and James Rogers were charged in the stabbing death of Melissa Osman. While awaiting trial, the defendant confessed to police in a video-taped statement that both he and Rogers stabbed Osman after each had sex with her.

In March 1996, the defendant entered into a plea agreement with the People, agreeing to exchange his truthful testimony against Rogers for a 55-year sentence on the murder charge and the dismissal of all other charges against him. At a hearing for the purpose of entering the agreed plea, the trial court accepted the agreement and entered judgment on the plea. After entering judgment, the trial court permitted the People to examine the defendant, under oath, to elicit testimony that his video-taped confession was both truthful and voluntary. The defendant’s counsel did not object to this questioning.

At the time the trial court entered judgment, it was agreed that sentencing would be deferred until after the Rogers trial. However, the defendant was never called to testify at the Rogers trial.

Subsequently, the defendant filed a motion to vacate his guilty plea, which the trial court denied. He then requested that a sentence of 55 years be imposed in accordance with the plea agreement. The People maintained, however, that they were not bound to the plea agreement since defendant had not testified at the Rogers trial. The court then held that in fundamental fairness the defendant should be permitted to withdraw his guilty plea.

At defendant’s jury trial, the People presented testimony establishing that in the early morning hours of July 12, 1995, the defendant, Rogers, and Osman left a tavern together. Osman and the defendant were also seen near a car in the tavern’s parking lot, and Rogers was observed sitting in the passenger seat of the car. On July 14, 1995, Osman was reported missing. The next day, her partially clad body was found in a rural area not far from her home, lying under some plastic garbage bags filled with leaves.

Pathologist Dr. Joseph Sapala testified that Osman died from approximately 26 stab wounds to her body, which he opined were inflicted by two different knives, one a double-edged knife and the other a single-edged knife.

Physical evidence linking the defendant to the murder was also introduced during the People’s case, including bloodstained clothing and two knives found in the defendant’s car, two latent fingerprints of the defendant’s found on one of the plastic garbage bags, and blood taken from the defendant’s sandals that matched Osman’s DNA.

The defendant’s testimony at trial was that he did not know Osman, but he met her when he and Rogers went to the tavern where they were seen together by the People’s witnesses. He testified that Osman told him that she had missed her ride and he offered her a ride home. She accepted the offer, and the three (Osman, Rogers and the defendant) left the tavern in the defendant’s car. According to the defendant, Rogers directed him to a rural area where he parked the car. The defendant stated that, at Rogers’ request, he got out of the car to give Osman and Rogers some privacy. After about 10 minutes, he returned to the car where he saw Osman wearing only her shirt and bra, while Rogers was allegedly pulling up his pants.

According to the defendant, Osman then beckoned him to have sex with her. When they finished, he got out of the car and walked a short ways. He next saw Rogers and Osman standing along the front fender of the car. Rogers was holding a knife and the defendant watched as Rogers stabbed Osman in the back. Rogers then handed the knife to the defendant and told him to stab Osman. Defendant stated that he was unable to do so, and he returned the knife to Rogers, who continued stabbing Osman. The defendant denied stabbing Osman.

The defendant then testified that he and Rogers placed garbage bags on top of Osman’s body and left the area. He testified that the two drove around for awhile until they found a pond in which to clean up, then went to a store and then to a restaurant. Defendant stated that he did not contact the authorities and continued his association with Rogers out of his fear of Rogers.

During his direct examination, the defendant recanted his videotaped confession. He attributed his false confession to his lack of sleep, the effect of recent nightmares about the incident, and his remorse for not trying to stop Rogers from stabbing Osman. On cross-examination, however, the People impeached the defendant with his statements that the confession was true and voluntary, which had been given under oath at the hearing where his guilty plea had been entered and accepted. Defense counsel did not object to this impeachment. Defendant was convicted, sentenced to natural life, and brought this appeal.

Analysis

Admissibility of Guilty-plea Hearing Testimony

Defendant first maintains that the trial court committed reversible error when it allowed into evidence statements the defendant made during the hearing at which his guilty plea was accepted by the trial court. Specifically, defendant contends it was error for the jury to hear of his statements under oath acknowledging the veracity and voluntary nature of the confession wherein he admitted to stabbing Osman. Defendant contends that the use of this testimony was in direct violation of Supreme Court Rule 402(f) (134 Ill. 2d R. 402(f)), which provides in pertinent part:

“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).

The purpose of Rule 402(f) is “ ‘to protect communications made by the defendant in the bargaining process from being turned into a weapon of the State at a later trial.’ ” (Emphasis added.) People v. Benniefield, 88 Ill. App. 3d 150, 154, quoting People v. Morris, 79 Ill. App. 3d 318, 332 (1979). In the instant matter, the defendant maintains that the statements at issue were made during the bargaining process and thus are protected by Rule 402(f). The People maintain, however, that because the statements at issue were given after the defendant’s guilty plea was entered and accepted by the trial court, the protection afforded by Rule 402(f) does not apply.

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Cite This Page — Counsel Stack

Bluebook (online)
694 N.E.2d 658, 296 Ill. App. 3d 384, 230 Ill. Dec. 689, 1998 Ill. App. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-connery-illappct-1998.