People v. Friedland

560 N.E.2d 1012, 202 Ill. App. 3d 1094, 148 Ill. Dec. 415, 1990 Ill. App. LEXIS 1375
CourtAppellate Court of Illinois
DecidedSeptember 7, 1990
DocketNo. 1-87-1449
StatusPublished
Cited by1 cases

This text of 560 N.E.2d 1012 (People v. Friedland) 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. Friedland, 560 N.E.2d 1012, 202 Ill. App. 3d 1094, 148 Ill. Dec. 415, 1990 Ill. App. LEXIS 1375 (Ill. Ct. App. 1990).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Following a bench trial, defendant Lawrence Friedland was convicted of theft (Ill. Rev. Stat. 1985, ch. 38, par. 16—1) of $27,728.41 from Domino’s Pizza, Inc., where defendant was a store manager. He now appeals and we address the issue of whether computer-generated bank statements were erroneously admitted in evidence and whether he was convicted beyond a reasonable doubt. We reverse and remand for new trial.

The following facts are relevant to our disposition of this appeal. Samuel Zavatsky, the assistant to the vice-president of Domino’s Pizza, testified that in January of 1985 defendant became a store manager of a Domino’s Pizza located in Palatine, Illinois. The store manager was responsible for preparing a daily recap form which contained certain information concerning the store’s activity for that day including the employees who worked and the amount of bank deposits. On the daily recap form, there was a space for the amount of bank deposits made that day and an area next to it titled “I have made the deposit” for the manager’s initials. One copy of the daily recap form was sent to the regional office and the other was kept in the store. It was Zavatsky’s understanding that the manager who initialed for the deposit on the daily recap form should take the deposit to the bank. Zavatsky testified that management personnel including trainees had the authority to take deposits to the bank. Corporate policy required that two people, normally a manager and a trainee, take deposits to the bank. Because of the store’s hours, deposits were generally taken to the bank after the bank was closed. The deposit was made into the store’s exclusive bank account. After the deposit was credited, the bank sent a receipt back to the store and it was attached to the daily recap form. The bookkeepers in the regional office reconciled the store’s deposit receipts with the store’s bank account statements.

The corporate supervisor for the store was responsible for verifying the deposit receipts from the bank with the store’s records. At the time in question, Susan John was corporate supervisor for the Palatine store where defendant was store manager. Defendant and John married after they left their employment with Domino’s Pizza.

In the end of February of 1985, Zavatsky learned that there were discrepancies between the store’s deposits and the store’s bank account statements. Zavatsky spoke with John, who told him she verified the deposits.

The State introduced numerous daily recap forms showing that defendant initialed for all the deposits which were not credited to the store’s bank account from January 4, 1985, to March 10, 1985. Zavatsky testified that in late March of 1985, defendant admitted to him that he initialed the daily recap forms for each of the deposits that were not credited to the store’s bank account. Defendant was the only employee who worked on each of the days that deposits were missing.

Debra Garcia testified that she was hired by Domino’s Pizza in February of 1985 as a staff accountant and was responsible for reviewing the daily recap forms sent from the Palatine store and reconciling deposits with bank statements. In the end of February, Garcia discovered that there were discrepancies between the daily recap forms and the bank statements.

Garcia was shown an exhibit consisting of five pages which she identified as copies of the bank statements received by Domino’s Pizza for the Palatine store. The statements were dated January 1, 1985, February 28, 1985, and March 30, 1985, and indicated they were checking account statements for Domino’s Pizza, store number 2721, which was the Palatine store. The statements contained the account number but did not indicate the name of the bank. She compared the amount of each deposit with the bank statement to determine whether it was credited to the account. Garcia testified that most of the deposits were credited to the bank account within one or two days; however, one deposit dated January 9 was not credited until January 21 and another deposit dated February 12 was not credited until February 18. Garcia also testified that 24 deposits from January 4 to March 10 were never credited on the bank’s statements.

Garcia testified that she believed the account was closed in the end of March of 1985 and that the missing deposits were not subsequently credited to the store’s bank account.

William Hillman, a store manager for Domino’s Pizza, testified that he first met defendant when they were both working for Domino’s Pizza in 1983. In May of 1985, he left Domino’s Pizza and started a business with defendant in Kansas. Hillman worked with defendant for three weeks before leaving that position and returning to Domino’s Pizza. Hillman testified that he was aware that in some instances, a manager prepared the daily recap form but trainees took the deposit to the bank.

Before the State rested its case, it introduced into evidence the daily recap forms and the monthly bank statements. Defendant’s attorney stated he did not have any objection and the trial judge admitted those documents in evidence.

In defendant’s case in chief, Kenneth Iserman testified he was a vice-president cashier for First Bank and Trust of Palatine, where the Palatine store had its account. Iserman explained that when the bank opened in the morning, a bank officer and a teller would take the night deposits from the drop box and count the money. The funds were then given to a teller who made the deposits and entered them into bookkeeping machines. A minimum of three people were involved in processing a night deposit. Iserman could not explain why on three occasions deposits were not credited to the account for time periods of six days to two months. Iserman also testified that if the bank had received any deposits for the store’s account after it was closed, the account would be reopened with the deposit. The store’s bank statements from June of 1984 to December of 1984 were admitted in evidence over the State’s objection that they were not relevant.

Defendant’s wife, Susan John Friedland, testified that she was the corporate supervisor for the Palatine store from November of 1983, until she was asked to resign in April of 1985. One of her responsibilities was to check that the store’s deposits were made in a timely manner. However, she did not know deposits were not credited to the store’s account until February of 1985. When she was a management trainee, she often took deposits to the bank although a store manager prepared the daily recap forms. She further testified that she was not aware of a company policy requiring the person who initialed the daily recap form under “I have made the deposit” to take the deposit to the bank.

Defendant testified that he began working for Domino’s Pizza as a delivery man in October of 1983, and after entering a training program, he became the store manager of the Palatine store in January of 1985. Defendant explained that the procedure for night deposits required the manager who prepared the paperwork to count the deposit. Defendant testified that one copy of the deposit slip was kept in the store and the other two were given to the bank with the deposit. The manager had the authority to delegate the responsibility of taking the deposit to the bank to any trainee. Deposits were made when the bank was closed.

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Related

People v. Glisson Opinion corrected August 23, 2001
754 N.E.2d 444 (Appellate Court of Illinois, 2001)

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Bluebook (online)
560 N.E.2d 1012, 202 Ill. App. 3d 1094, 148 Ill. Dec. 415, 1990 Ill. App. LEXIS 1375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-friedland-illappct-1990.