People v. Cooper

614 N.E.2d 220, 244 Ill. App. 3d 366, 185 Ill. Dec. 86, 1993 Ill. App. LEXIS 396
CourtAppellate Court of Illinois
DecidedMarch 26, 1993
DocketNo. 1—91—0820
StatusPublished
Cited by2 cases

This text of 614 N.E.2d 220 (People v. Cooper) 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. Cooper, 614 N.E.2d 220, 244 Ill. App. 3d 366, 185 Ill. Dec. 86, 1993 Ill. App. LEXIS 396 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant Alex Cooper, also known as Alex Malone, was found guilty as accountable for armed violence and first degree murder of Sammy Hatcher, and was sentenced to 27 years in prison. Defendant raises the following issues on appeal: (1) involuntariness of post-arrest statements; (2) denial of his sixth amendment right to confrontation; (3) the trial court improperly allowed speculative testimony that defendant was a gang member; (4) improper prosecutorial comments during closing arguments; (5) the sentence was excessive; and (6) the judge erred in entering judgment and sentence on two counts of murder where only one victim was involved. (Codefendant Elbert Wright, the shooter in the incident, pled guilty prior to defendant’s trial and also received a 27-year sentence.)

The record reveals the following facts. Lisa Nelson, a resident of 1161 North Larabee, Chicago, which is part of the Chicago Housing Authority Cabrini-Green project, testified on behalf of the State. On December 13, 1988, at around 4 p.m., she was walking into the building where she resided with her friend, Vernadeen Nelson (no relation). She saw three boys whispering in the lobby, whom she identified as defendant, Wright, and Tory Griffin. Defendant was 17 years old at the time. Lisa made an in-court identification of defendant and stated that she had seen him hundreds of times prior to that date. The women then went upstairs to Lisa’s aunt’s apartment.

Around 4:45 p.m., Lisa heard the sound of two or three gunshots while she was standing in the living room. She ran to the window which looked out onto the 1158 North Cleveland building of Cabrini-Green. Lisa saw Wright, Griffin and defendant enter the 1159 North Larabee building, which is connected to her building. Griffin wore a black and blue coat, Wright wore a long gray coat, and defendant wore a tan and brown coat. Lisa saw Wright shoot a gun from the building. Lisa knew Wright and Griffin by name. While Lisa had seen defendant on numerous occasions, she did not know his name until Vernadeen informed her that it was Alex Malone.

Following the shooting, the women called the police. The police arrived about 20 minutes later, and Lisa and Vernadeen spoke with them in the stairwell of the 1161 North Larabee building. The women also spoke with the police later that night. The following day, they met with the police at another location because they did not want anyone to see them speaking with the police. Later that evening, the officers drove the women to the station, where they identified defendant and Wright in a show-up.

The trial court conducted a voir dire examination of Lisa outside the jury’s presence to determine whether to permit testimony concerning defendant’s and Wright’s alleged affiliation with the Black Gangster Disciples. Lisa stated that she had known Wright for two years and had seen him use gang signs with his hands, and that he wore his hat in a particular manner to indicate his affiliation with the Disciples. She indicated that the various buildings in Cabrini-Green were controlled by different gangs, and that the 1161 North Larabee building was controlled by the Disciples. She had seen defendant in the company of Disciple members on previous occasions and therefore assumed he was also a member of that gang. However, she had never seen defendant represent that he was a gang member. The trial judge ruled that he would permit testimony regarding defendant’s and Wright’s affiliation with the Disciples.

Vernadeen Nelson also testified for the State. She admitted that she uses other names, but declined to divulge those names because of threats she had received. Vernadeen testified that she was with Lisa in Lisa’s aunt’s apartment and that she heard two or three shots fired around 4:45 p.m. She heard Lisa scream out and saw her looking out the window. She joined Lisa at the window and recognized defendant standing against the wall of the 1159 Larabee building. Defendant was “pressed up against the wall.” She demonstrated that defendant stood with his body against the wall, with his hands at his side. Defendant wore a tan winter coat, which she had seen him wear on many previous occasions. The women notified the police, and Vernadeen supplied defendant’s name as the third individual who was involved in the shooting.

On cross-examination, Vernadeen testified that the father of one of her children was also the boyfriend of defendant’s sister, Sabrina Cooper, and that the two women had previously argued about the boyfriend. She admitted that she gave the police an incorrect address when she first spoke with them. During redirect examination, she stated that she did not give the police her correct address because she did not want to testify, as she had two small children and had been threatened on several occasions.

Officer Anthony Graffeo of the Chicago police department testified that after he spoke with Lisa following the shooting, he proceeded to 624 Division in Cabrini-Green to the residence of Wright’s grandmother. Graffeo recovered a long gray coat at that location. Next, Graffeo went to Griffin’s residence, but he was unable to locate him. Finally, Graffeo proceeded to defendant’s residence, and defendant’s mother informed him that defendant was at work.

Graffeo went to defendant’s place of employment and spoke with him. He told defendant that he was a police officer and that he was investigating a murder that occurred the previous night in Cabrini-Green. Defendant voluntarily agreed to accompany Graffeo to the police station. After arriving at the police station, defendant was placed in an interview room. Defendant was not handcuffed, and the door to the interview room was not locked. Later that day, defendant’s mother came to the station. Graffeo told her that defendant was assisting in the investigation of the Cabrini-Green shooting. Graffeo stated that defendant’s mother did not ask to speak with him, nor did he ask to see his mother.

Detective Thomas Blomstrand testified that on the day of the shooting he was assigned to investigate it. Together with his partner, Michael Wick, Blomstrand headed toward 1159-1161 North Cleveland Street. En route to their destination, they received a radio message and drove instead to 1161 North Larabee. As he drove up to the building in an unmarked squad car, he saw two men standing in front of the doorway at an entrance to the building. Blomstrand identified Wright as one of the men. Both men ran into the building upon seeing the officers approach.

The officers left their cars and chased the men into the building, but were unable to find them. Thereafter, the officers spoke with Lisa and Vernadeen in the third-floor hallway. Following that conversation, the officers began their search for Wright, Griffin and defendant. At the crime scene, the officers saw a pool of blood on top of a ramp leading into the building and recovered four cartridge casings from a .380 automatic near the body, as well as a .22 cartridge casing.

Assistant State’s Attorney Adriane Mebane testified that on December 14, 1988, at approximately 10:15 p.m., she spoke with Detectives Blomstrand and Wick at Area 6 headquarters and learned that defendant and Wright were in custody. Defendant’s sisters were also present at the police station speaking with him. Mebane left the station and was summoned to return around 4:30 a.m.

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Related

People v. Gardner
668 N.E.2d 125 (Appellate Court of Illinois, 1996)
People v. Gregory
635 N.E.2d 992 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 220, 244 Ill. App. 3d 366, 185 Ill. Dec. 86, 1993 Ill. App. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooper-illappct-1993.