People v. Flax

627 N.E.2d 359, 255 Ill. App. 3d 103, 194 Ill. Dec. 243, 1993 Ill. App. LEXIS 1592
CourtAppellate Court of Illinois
DecidedOctober 15, 1993
Docket1-90-0546
StatusPublished
Cited by39 cases

This text of 627 N.E.2d 359 (People v. Flax) 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. Flax, 627 N.E.2d 359, 255 Ill. App. 3d 103, 194 Ill. Dec. 243, 1993 Ill. App. LEXIS 1592 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

Defendant, Keefus Flax, was convicted of murder and armed robbery after a jury trial in the circuit court of Cook County. The trial judge sentenced him to life imprisonment with no parole for the murder conviction and to 30 years’ imprisonment for the armed robbery conviction.

The convictions arose from events at the Harrison Cleaners in Chicago on October 22, 1987. Angelo Katselis and his wife, Kiriaki Katselis, owned and operated the Harrison Cleaners. At trial Mrs. Katselis testified that on October 22, 1987, shortly after 6 p.m., the Katselises were behind the counter preparing to close the store. A man wearing a nylon stocking as a mask entered the store. His right hand was in his pocket. He demanded money from Mr. Katselis, who then gave the man the day’s receipts, approximately $500, which he had previously placed in his pocket. With his left hand, the masked man signalled Mr. Katselis to open the cash register. Mr. Katselis took some money from the register and placed it on the counter. As he did so, he pointed at the masked man and said that he knew who the man was.

According to Mrs. Katselis’ testimony, the man took the money, then pulled a gun from his right pocket and shot Mr. Katselis in the head. Mr. Katselis fell to the floor. Mrs. Katselis went to his side. The masked man came behind the counter, pushed Mrs. Katselis’ head with the gun and ordered her to open the register. She gave the man the coins remaining in the register. The man then fled, discarding the stocking mask on the floor. Mr. Katselis died from the gunshot wound.

Mrs. Katselis gave police a physical description of the offender and told police that he wore a shiny black jacket. She had not seen the robber without his stocking mask. At trial she was unable to positively identify defendant as the offender.

Willis and Bertha Smith owned and operated the restaurant located across the street from the cleaners. Mr. Smith testified that shortly before 6 p.m. on that day, a man wearing a shiny blue jacket came into the restaurant, asked him what time it was, then proceeded to the video game area, where he spoke briefly with a man in a red jacket. The two men then left the restaurant. Mr. Smith testified that police later showed him several photographs from which he identified a photograph of defendant as the man in the blue jacket who had asked him for the time. Subsequently, Mr. Smith identified defendant in a lineup. He also made an in-court identification of defendant.

Mrs. Smith’s testimony corroborated Mr. Smith’s testimony regarding the conduct of the two men who came into the restaurant. She testified that when police showed her photographs she identified a picture of Kenneth Neal as the man in the red jacket. She also stated that she later identified Neal in a lineup. However, she was unable to identify defendant as the man in the dark jacket.

Minnie Allen was outside the restaurant at approximately 6:05 p.m. on the day of the robbery. She testified that a black man in a red jacket asked her for the time and then walked toward a black man in dark clothing. She stated that she heard one of the men say, “It’s closing.” Ms. Allen said she later viewed photographs for the police and identified a picture of Kenneth Neal as the man in the red jacket. She testified that she also identified Neal in a lineup.

Richard Brennan of the Chicago police department testified that he had shown the photographs to the Smiths and to Ms. Allen. Based on their identifications, defendant was brought to the police station. Officer Brennan testified that, after he advised defendant of his Miranda rights, defendant confessed to the robbery. Officer Brennan then called the felony review section of the State’s Attorney’s office. He testified that he then left, returned later with Kenneth Neal, and conducted a lineup which included defendant and Mr. Neal. Officer Brennan stated that upon viewing the lineup, Mr. Smith identified defendant. Mrs. Smith and Ms. Allen identified the accomplice, Kenneth Neal, but were unable to identify defendant.

Reginald Baker testified that he had been a State’s Attorney in the felony review unit in October 1987. He stated that he was called to the police station to interview defendant on the evening of his arrest. Mr. Baker testified that, during the interview, defendant reiterated his confession, which was recorded and transcribed by a court reporter, then signed by defendant. Mr. Baker read defendant’s signed confession into the record.

According to defendant’s signed confession, defendant admitted that he went to the Harrison Cleaners to commit a robbery. Kenneth Neal served as lookout, signalling defendant when there were no customers in the store. Defendant’s statement corroborated most of Mrs. Katselis’ testimony, except that defendant stated that the gun went off when Mr. Katselis reached for it. He had cocked the gun before entering.

Joanne Richmond, the medical examiner who had performed the autopsy, testified that there had been no evidence of gun powder residue called “stippling.” She stated the absence of stippling meant the gun was fired at a distance of more than four feet.

A Chicago police department technician testified that he performed a comparison of the hairs taken from the stocking which was left at the scene with sample hairs taken from defendant. He found the characteristics to be consistent, indicating that the hairs in the stocking could have been defendant’s hairs.

The defense offered the testimony of Timothy O’Shea of the Chicago police department. He testified that a few days after the shooting Mrs. Katselis indicated the man who shot her husband might be the son of a customer named “Well,” who she thought might work at the airport. A search of the cleaners’ records was unproductive. Police inquiries at the airport led to the discovery that a man named Tyree Well worked there. However, when it was discovered that Mr. Well’s address was on the south side, rather than in the neighborhood of the cleaners, no further investigation was conducted.

The jury found defendant guilty of first degree murder and armed robbery. The judge advised defendant of his right to a jury at the sentencing stage because of the possibility of a death sentence. Defendant waived his right to a jury. The court sentenced defendant to natural life in prison without parole for the murder and to 30 years’ imprisonment for the armed robbery.

Defendant raises two issues on appeal: (1) whether he was denied a fair trial because of improper remarks made by the State’s Attorney in opening statement and in closing argument; and (2) whether the sentence imposed for the murder conviction was excessive.

Defendant contends he was denied a fair trial by the following remarks made by the prosecutor in the opening statement:

“The evidence will show that on October of 1987, a Greek immigrant named Angelo Katselis and his wife were in business together. They owned a small dry cleaning store on the west side of this city on Harrison Street near Central Avenue called the Harrison Dry Cleaners.

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Cite This Page — Counsel Stack

Bluebook (online)
627 N.E.2d 359, 255 Ill. App. 3d 103, 194 Ill. Dec. 243, 1993 Ill. App. LEXIS 1592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flax-illappct-1993.