People v. Gannon

572 N.E.2d 1133, 213 Ill. App. 3d 560, 157 Ill. Dec. 669, 1991 Ill. App. LEXIS 710
CourtAppellate Court of Illinois
DecidedMay 6, 1991
Docket1-88-2748
StatusPublished
Cited by9 cases

This text of 572 N.E.2d 1133 (People v. Gannon) 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. Gannon, 572 N.E.2d 1133, 213 Ill. App. 3d 560, 157 Ill. Dec. 669, 1991 Ill. App. LEXIS 710 (Ill. Ct. App. 1991).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Following a jury trial, defendant John Gannon was convicted of delivery of a controlled substance and possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1987, ch. 56½, pars. 1401(a)(2), (b)(2)) and was sentenced to 12 years’ imprisonment. Defendant appeals his convictions and the prison term imposed.

We affirm.

Defendant’s convictions arise out of a transaction to sell cocaine in which Clem E. Ferguson, a State Police special agent, posed as purchaser.

On the morning of January 7, 1988, defendant contacted Ferguson, who was using the alias “Deacon,” from a restaurant located on Pershing Road in Chicago. Defendant informed Ferguson that he could obtain, through his source, two kilograms of cocaine for sale. Later that afternoon, Ferguson, accompanied by James Kizart, his partner, and Andre Kellem, an agent with the Drug Enforcement Administration, met defendant and Clayborn Burse in the restaurant’s parking lot to complete the transaction. Defendant retrieved a white plastic bag from under the hood of Burse’s automobile. After Ferguson opened one of two wrapped packages in the white plastic bag and observed a white powdery substance, defendant and Burse were arrested.

In total, the police recovered 2,015.4 grams of cocaine from the wrapped packages and 5.0 grams of cocaine from a small plastic bag found in defendant’s jacket pocket.

At trial, defendant asserted an entrapment defense and sought to establish that he was induced to participate in the transaction by a police informant named Greg and by Ferguson. Defendant testified he owned and operated a catering truck and had met Greg in July 1987 at Spears Transportation (Spears), one of defendant’s stops, where Greg was a security guard. Greg had inquired whether it was true that truck caterers sold drugs, explaining that his cousin, who was named Deacon, would be interested if so. Defendant told Greg that he did not engage in such activity.

Greg also told defendant that a woman named Stella, which later testimony showed to be Clayborn Burse’s niece, also worked at Spears and could obtain cocaine. On two occasions, Greg had asked defendant to approach Stella on Greg’s behalf, explaining he could not do so directly because Stella did not like him. Defendant had declined.

Eventually, Greg was fired from Spears. However, around the month of September, defendant stated, he saw Greg again. At that time, defendant was experiencing mechanical trouble with his truck. Greg told defendant he had a way for defendant to make money quickly by obtaining cocaine. Subsequently, defendant agreed to approach Stella.

Defendant met with Stella on December 22, 1987, and she arranged to have defendant meet Burse. Defendant spoke with Burse that day about obtaining cocaine for Deacon. The next day, defendant met Ferguson at Spears after contacting him through a telephone number, which Greg had supplied.

Between December 27, 1987, and January 7, 1988, defendant stated he was contacted by both Greg and Ferguson. Ferguson had telephoned him at home four times. He personally talked to Ferguson twice. The conversations concerned Ferguson’s desire to have defendant obtain two kilograms of cocaine. Defendant told him he was not interested.

Defendant also testified he contacted Greg on December 27, 1987, and January 2, 1988, to tell him that he did not want to be involved in the transaction. However, Greg had indicated it was too late for defendant to back out.

Defendant stated that shortly after his arrest on January 7, 1988, he witnessed a conversation about Greg between Ferguson and another officer, apparently referring to Kizart. Defendant asked Ferguson why he did not arrest Greg. Ferguson stated that he could not because Greg worked for the police.

Defendant admitted that when he met Ferguson on December 23, 1987, he had also sold Ferguson an eighth of an ounce of cocaine, which he had obtained from Burse.' Defendant explained that he had arranged a meeting with Ferguson and Burse for that day, but when Ferguson failed to twice meet Burse at appointed times, Burse gave the cocaine to defendant to deliver.

Defendant stated he contacted Ferguson again on the following day and offered to sell him another similar quantity of cocaine. Ferguson then asked whether defendant could obtain larger quantities of cocaine.

On or about December 29 or 30, 1987, defendant testified, he contacted Ferguson to tell him he was no longer interested in being involved with further narcotics transactions. However, he also admitted contacting Ferguson to arrange the January 7, 1988, transaction.

Defendant’s two sons, aged 10 and 12, also testified in support of his defense. Their testimony established that, sometime between the Christmas and New Year holidays preceding defendant’s arrest, they each answered two telephone calls at their home from a man named Deacon, who asked to speak to their father.

It was Ferguson’s testimony that between December 23, 1987, and January 7, 1988, defendant had contacted him twice. Ferguson had also telephoned defendant’s home once in that period. Defendant was not then home, and Ferguson spoke, first, with a child, and then with a female.

In testimony during the State’s case in rebuttal, Ferguson stated that, on December 22, 1987, he had spoken with an informant concerning defendant. The informant’s name was not Greg. In fact, the informant was a female. Pursuant to that conversation, the next day, Ferguson and Kizart went to Spears and met defendant, who was expecting them. Defendant advised them that he did not have the cocaine they wanted at that time. Defendant and Ferguson exchanged telephone numbers. Later that day, Ferguson and Kizart returned and purchased an eighth of an ounce of cocaine from defendant. Ferguson inquired about purchasing larger quantities of cocaine and defendant replied that he could provide larger amounts. Ferguson told defendant to telephone him when he obtained more.

On or about December 27, 1987, defendant contacted Ferguson, stating he was still looking for his source. Defendant asked if Ferguson was interested in purchasing another eighth of an ounce of cocaine, but Ferguson declined, again instructing defendant to contact him once he spoke to his source regarding large quantities of cocaine.

On or about December 29 or 30, 1987, defendant contacted Ferguson and again indicated he had not yet contacted his source. However, defendant asked Ferguson for a loan to repair his truck. Defendant also asked if he could be a “runner” for Ferguson, transporting money and drugs. Once again, Ferguson told defendant to contact him when defendant contacted his source. The next time Ferguson talked to defendant was on January 7,1988.

Finally, Ferguson denied having indicated to defendant that an individual named Greg worked for the police.

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Bluebook (online)
572 N.E.2d 1133, 213 Ill. App. 3d 560, 157 Ill. Dec. 669, 1991 Ill. App. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gannon-illappct-1991.