People v. Ford

553 N.E.2d 33, 195 Ill. App. 3d 673, 142 Ill. Dec. 683, 1990 Ill. App. LEXIS 325
CourtAppellate Court of Illinois
DecidedMarch 16, 1990
Docket1-89-0061
StatusPublished
Cited by8 cases

This text of 553 N.E.2d 33 (People v. Ford) 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. Ford, 553 N.E.2d 33, 195 Ill. App. 3d 673, 142 Ill. Dec. 683, 1990 Ill. App. LEXIS 325 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a trial without a jury, defendant, Larry Ford, was found guilty of delivery of a controlled substance and was sentenced to a term of four years’ imprisonment. Defendant appeals, contending that the police officer’s identification testimony lacked credibility and thus the State failed to prove defendant guilty beyond a reasonable doubt.

Officer William Rogers testified that on December 9, 1986, he approached a third-floor apartment in a building in Chicago. He observed defendant leaving the apartment. Another man, Carl McMahon, called from the apartment door, asking “Larry” if he planned to return. Rogers testified that defendant turned to Rogers and asked if he “was there to buy cocaine.” Rogers asked for one bag of cocaine and received a bag of white powder from McMahon after defendant left. In his report, however, Rogers stated that he asked for and received heroin. Rogers corrected his testimony on cross-examination, explaining that he was confused because he had testified about cocaine at two other trials earlier that day. He in fact received a bag of heroin. Rogers testified that defendant instructed McMahon to sell Rogers the bag and departed. Rogers bought $20 worth, and then joined the surveillance team, Officers Cronin and Drodz. In his initial report, Rogers identified defendant as being 38 years old, 5 feet 9 inches tall, 165 pounds, with brown eyes and black hair, and having a thick mustache and a medium complexion. He wore a waist-length dark coat and dark pants. Rogers testified he knew defendant’s name because the “surveillance officer had his name from the information, and then from there, what is known as an TR’ number was obtained and a photo.” Within one week of observing defendant, Rogers identified defendant’s photograph at the police station.

In December 1987, defendant was arrested. He was not arrested earlier in order to protect Rogers’ undercover status until the conclusion of the particular narcotics investigation in which he was involved. If defendant and McMahon were arrested at the time the drugs were purchased, the “on-going investigation would end at that point, it would not be a continuing investigation.” Several days after Rogers observed defendant, however, McMahon was arrested by Cronin and Drodz at the apartment in question during a narcotics raid. Rogers did not participate in order to protect his undercover status.

Constance Briel, a forensic chemist expert for the police department, testified that the package inventoried by Rogers contained .29 grams of heroin.

Defendant testified that in December 1986, he was 31 years old, 5 feet 7 inches tall, weighed 140 pounds, and had a mustache. His face was severely scarred on the left side, and he wore a bandage and nylon skull cap to cover the scars. In the winter, he wore a winter coat. He denied being at the apartment in question on December 9, 1986, and denied having ever seen Rogers. He knew people in that building, knew the McMahon family, and lived one block from the apartment building. He had lived in the area all his life. Defendant knew Cronin and Drodz from a 1973 arrest.

Office Cronin testified for the defense that, at a grand jury hearing, he stated that on December 6, 1986, Rogers returned to the surveillance team and reported that he knocked on the door, McMahon answered, and Rogers bought the heroin. Cronin testified at trial, however, that he did not believe Rogers had reported knocking at the door.

Defendant contends that he was not proved guilty beyond a reasonable doubt. In a bench trial, it is for the trial court to determine the witnesses’ credibility, weigh the evidence and draw reasonable inferences therefrom, and resolve any conflicts in the evidence. While a single witness’ identification of the accused is sufficient to sustain a conviction, an identification will not be deemed sufficient if it is vague or doubtful. (People v. Ash (1984), 102 Ill. 2d 485, 468 N.E.2d 1153.) The trial court’s judgment will not be set aside on review unless the evidence is so unsatisfactory, improbable or implausible as to raise a reasonable doubt as to defendant’s guilt. People v. Johnson (1986), 114 Ill. 2d 170, 499 N.E.2d 1355; People v. Berland (1978), 74 Ill. 2d 286, 385 N.E.2d 649.

In People v. Slim, (1989), 127 Ill. 2d 302, 537 N.E.2d 317, our supreme court set forth five factors used for evaluation of identification evidence, as announced in Neil v. Biggers (1972), 409 U.S. 188, 34 L. Ed. 2d 401, 93 S. Ct. 375.

The first factor is the opportunity the witness had to view the criminal at the time of the crime. Rogers had sufficient opportunity, in the third-floor apartment building hallway, to view defendant at the time of the crime.

The second factor is the witness’ degree of attention. Here, the trier of fact could reasonably assume Rogers’ degree of attention was high due to the fact that he was an undercover police officer buying narcotics.

The third factor is the accuracy of the witness’ prior description of the criminal. Defendant’s main complaint regarding the accuracy of the witness’ prior description is Rogers’ failure to note defendant’s scarring on the left side of his face. Defendant testified that he was in a car accident in 1982 and it resulted in severe scarring on the entire left side of his face and body. As a result, ever since the accident, including December 1986, he has worn a bandage on the left side of his face and a nylon skull cap. It is difficult to imagine how Rogers could miss seeing the scarring or bandage. This is not a case, for example, involving the omission of a minute scar. See, e.g., People v. Nims (1986), 156 Ill. App. 3d 115, 505 N.E.2d 670.

The trial court stated that defendant testified he attempted to conceal the scarring, and that he apparently had been successful. However, the police report fails even to mention the skull cap and bandage covering the side of his face. Moreover, the court’s comment that “maybe he was wearing a big hat” has absolutely no basis in the evidence. The court itself noted that defendant testified he “ha[d] always worn” the skull cap.

Considered along with the failure to mention the severe scarring are the discrepancies in the remainder of the description. Rogers reported that defendant was a male black, 38 years old, 5 feet 9 inches tall, 165 pounds, with brown eyes, black hair, a thick mustache and a medium complexion. Defendant was 31 years old, 5 feet 7 inches tall, 140 pounds, with dark hair and a mustache. While the height and weight difference would carry little weight standing alone, we believe it must be given some weight in light of the other identification problems. Rogers described only a waist-length dark coat and dark pants, which certainly is not distinctive, and thus offers little corroboration that it was defendant whom Rogers saw.

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Cite This Page — Counsel Stack

Bluebook (online)
553 N.E.2d 33, 195 Ill. App. 3d 673, 142 Ill. Dec. 683, 1990 Ill. App. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ford-illappct-1990.