People v. Ford

606 N.E.2d 690, 239 Ill. App. 3d 314, 179 Ill. Dec. 858, 1992 Ill. App. LEXIS 2170
Appellate Court of Illinois·Decided December 28, 1992·No. 5-92-0187·Published·Cited by 7 cases

Opinion

PRESIDING JUSTICE CHAPMAN

delivered the opinion of the court:

Defendant, Anthony Ford, was found guilty by a jury of residential burglary on February 13, 1992, and he was sentenced to a term of eight years’ imprisonment. On appeal he asserts that he was not proven guilty beyond a reasonable doubt and that an improper hearsay identification of the defendant as the perpetrator of the crime warrants reversal of his conviction. We affirm.

The following evidence was presented at trial. On February 14, 1989, the complainant, Marie Yoch, left her home at approximately 4:30 p.m. to have dinner with a friend. When she returned between 7:30 and 8 p.m., she found that someone had kicked in the front door to her home and that it had been ransacked. When the police officers responded, they found a stereo record player set-up, TV, microwave oven, watch, and two pairs of gloves had been removed from the home. An antique silver jewelry box had been moved from the complainant’s dresser, where it had been prior to the complainant’s departure for dinner, and placed at the top of the stairwell. The crime scene unit investigator took photographs of the crime scene and developed latent fingerprints on various surfaces in the dwelling. One latent print on the corner of the lid of the silver jewelry box was suitable for comparison.

On January 16, 1990, defendant was charged with the burglary of the Yoch residence. Due to the lapse of time between the burglary and defendant’s arrest on September 20, 1991, no comparison was made between defendant’s footwear and photographs of footprints from the scene of the crime. Defendant’s fingerprints were taken, however, and a positive match was made between defendant’s left index finger and the latent print lifted from the corner of the lid of the jewelry box in the Yoch residence.

Gerold Warner, a forensic scientist employed by the Illinois State Police, testified that in his expert opinion the latent print developed from the jewelry box matched the left index finger of the defendant. He compared the print taken from the scene of the crime with the exemplar of the defendant -with a magnifier of between four and five power. He testified that based on his experience and training the fingerprint lifted from the silver jewelry box was the defendant’s and could belong to no other person. The witness testified that no set number of any characteristics was required for him to come to the conclusion that a lifted print was made by the person who made the inked standard. He also testified that it was not his practice to make notations of the number of ridged characteristics he found to correlate between a latent print and an exemplar. He testified that the crime lab seldom used “blowup prints” for demonstrative purposes and that blowup prints of fingerprint evidence were never used to make an analysis or a comparison.

Sergeant Willie Smith, a patrolman with the St. Clair County sheriff’s department, also testified for the State. When asked about his involvement in the investigation, he stated: “I received information that an Anthony Ford may have committed the burglary —Defense counsel objected immediately. The State informed the court in chambers that while it was willing to divulge the name of the confidential source who had supplied the defendant’s name, it was unable to produce him for trial because he had fled. The State asserted that Officer Smith’s testimony was for the sole purpose of explaining why the focus of the investigation turned to the defendant. Ultimately, the court denied the defendant’s motion for mistrial, sustained the defendant’s objection to Smith’s testimony, and ordered the jury to disregard Smith’s answer.

Defendant presented testimony from his estranged wife, Sharon Ford, who testified that on February 14, 1989, the defendant arrived at her home between 6 and 6:30 p.m. She recalled the date well because it was Valentine’s Day, and defendant brought her a box of chocolates and a single wilted rose. She and the defendant laughed about it because she found it amusing that her husband would bring her a “dead flower” for Valentine’s Day. She testified that the defendant left a little before midnight.

The jury returned a verdict of guilty of residential burglary on February 13, 1992, and defendant was sentenced to eight years’ imprisonment.

Defendant raises two issues on appeal. He first asserts that his conviction was against the manifest weight of the evidence because the only evidence which connected him with the crime was a single fingerprint. He maintains that the testimony of Gerold Warner, the forensic scientist employed by the Illinois State Police, was insufficient to establish that the print at the scene of the crime was that of the defendant. Defendant attacks the fingerprint expert’s testimony because: (1) Warner did not state the number of similar characteristics between the latent print and the standard, (2) he could not make a comparison of the latent print and the standard while on the witness stand without a magnifying glass, and (3) he did not have the print blown up to serve as a demonstrative exhibit. Additionally, he cites Warner’s concession that two fingerprint experts could disagree on a particular comparison.

On review, the evidence adduced at trial is to be viewed in the light most favorable to the prosecution, and the relevant inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Collins (1985), 106 Ill. 2d 237, 261, 478 N.E.2d 267, 277.) The Collins standard is applicable to all criminal cases, whether the evidence presented is direct or circumstantial. (People v. Pintos (1989), 133 Ill. 2d 286, 291, 549 N.E.2d 344, 348.) As the Illinois Supreme Court noted in People v. Campbell (1992), 146 Ill. 2d 363, 375, 586 N.E.2d 1261, 1266, quoting Jackson v. Virginia (1979), 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789, “the [Collins] standard gives ‘full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts.’ ”

Fingerprint evidence is circumstantial evidence which may serve as the basis for a conviction, and when a conviction is obtained based solely on circumstantial fingerprint evidence, fingerprints must satisfy both physical and temporal proximity criteria. (People v. Gomez (1991), 215 Ill. App. 3d 208, 216, 574 N.E.2d 822, 827.) Physical and temporal proximity criteria are satisfied by proving that the fingerprints were found in the immediate proximity of the crime under circumstances which indicate that they could have been made only at the time of the occurrence. Gomez, 215 Ill. App. 3d at 216, 574 N.E.2d at 827, citing People v. Rhodes (1981), 85 Ill. 2d 241, 249, 422 N.E.2d 605, 609.

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People v. Ford, 606 N.E.2d 690, 239 Ill. App. 3d 314, 179 Ill. Dec. 858, 1992 Ill. App. LEXIS 2170 (Ill. Ct. App. 1992).

606 N.E.2d 690 (People v. Ford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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