People v. Gomez

574 N.E.2d 822, 215 Ill. App. 3d 208, 158 Ill. Dec. 709, 1991 Ill. App. LEXIS 1043
CourtAppellate Court of Illinois
DecidedJune 18, 1991
Docket2-89-0574
StatusPublished
Cited by32 cases

This text of 574 N.E.2d 822 (People v. Gomez) 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. Gomez, 574 N.E.2d 822, 215 Ill. App. 3d 208, 158 Ill. Dec. 709, 1991 Ill. App. LEXIS 1043 (Ill. Ct. App. 1991).

Opinion

JUSTICE NICKELS

delivered the opinion of the court:

After a jury trial, defendant was found guilty of seven counts of first degree murder, and judgment of conviction was entered on each guilty verdict. Although the State sought the death penalty, the court sentenced defendant to 40 years’ imprisonment with his sentences to run concurrently. Defendant appeals, asserting that: (1) the State’s entirely circumstantial case did not prove defendant guilty beyond a reasonable doubt; (2) the trial court’s failure to grant a continuance of the hearing on defendant’s post-trial motion alleging ineffective assistance of his trial counsel was an abuse of discretion; and (3) the trial court incorrectly entered judgment and sentence on each of the seven guilty verdicts, and such sentence was excessive. We reverse defendant’s conviction and vacate his sentence.

Sometime on Tuesday, May 24, 1988, 80-year-old Julia Menoni (victim) was murdered in her home. The victim’s body was not discovered until 5 p.m. on Wednesday, May 25, 1988, approximately 24 hours after her murder. The victim’s glasses were found in her kitchen, in which chairs had also been overturned. Drawers and cabinets in the bedroom and kitchen were open and had apparently been ransacked. The victim had been killed, and her body was discovered on the couch in the living room, which adjoined the kitchen. Neither the living room nor a den, which also adjoined the kitchen, had been ransacked. The victim’s home was rather run-down and cluttered and best described as less than neat and clean.

The victim was killed in a particularly brutal fashion. She had been beaten, stabbed twice, strangled, and her throat slashed. Thus, a great deal of blood was present at the scene. Additionally, the victim had been struck in the back of the head with a gallon can of paint with enough force to dent the can and bend the lid, thereby spraying the victim and the living room with paint.

Next to the victim’s home was a transient rooming house, which the victim owned and in which she rented rooms on a weekly basis. Similar to the victim’s home, the rooming house, too, was relatively run-down. Approximately 22 men lived in the 11 rooms in the rooming house, paying a little less than approximately $30 each per week in rent. Many of the roomers, including defendant, worked seasonally as landscapers and returned to homes and families in the southwest during the winter months. An apartment located above the victim’s detached garage was rented on a monthly basis to a tenant with children. Both the roomers and the apartment tenant paid the victim in cash, with the weekly rents paid on Sunday or Monday each week. Rents were paid to the victim in her kitchen, with the roomers seated inside the kitchen in a chair next to the back kitchen door while the victim made out a receipt or made change. On occasions when more than one roomer arrived at a time to pay rent, one would sit and the others would stand in the kitchen. The victim made change from cash kept in her apron and placed the cash rent receipts under one of a number of layers of table cloths on her kitchen table. The victim’s kitchen was 11 by 14 feet and, in addition to the typical kitchen appliances and cabinets, contained a table and three chairs.

The victim’s body was discovered by three of the roomers from the adjacent rooming house. Not having seen the victim for over a day, the roomers entered the house after knocking and discovered the victim’s body. One of the roomers had a local shop owner call the police, who were directed through the back kitchen door and into the living room of the house by the apartment tenant.

Evidence collected from the victim’s house by the police included a fingerprint from an open and apparently ransacked kitchen drawer located 11 feet 11 inches from the back kitchen door. Three hairs were found respectively on the victim’s chin, hip, and on the sheet used to move her body. Two floor tiles with footprints in paint on them were collected as evidence, and over $100,000 in cash was found hidden throughout the rooms of the victim’s home, including $180 found in a small leather wallet in the kitchen drawer from which the fingerprint had been obtained. Numerous other paint and blood samples were also collected, which were eventually identified as originating either from the smashed paint can or from the victim. Additionally, still other hairs, fingerprints, and blood samples, which were either not identified or incapable of identification, were collected. The police also collected from the hallway of the rooming house a drop of blood located IV2 to 3 feet from the door of the room shared by defendant with another roomer and paint from the exterior doorknob and door frame of that room.

On Monday, May 23, 1988, defendant did not work at his landscaping job due to the weather, but he spoke with his sister at the bank where she worked to purchase a money order with his prior week’s pay to send to his wife and son in Eagle Pass, Texas. On May 21, 1988, defendant’s wife had written to tell him of their son’s eye infection and her need for money to pay for his hospitalization. Defendant did not report for work on May 24, but his sister again saw him on the street with two other individuals, at which time he was wearing the same clothes as the day before.

The apartment tenant testified to having heard voices and smelled something burning in the alley next to the garage and beneath her windows at 5:30 p.m. on May 24, 1988. Upon checking the source of the smoke, she discovered sheets and a towel with bloodstains were being burned. However, when she entered the rooming house and shouted to find the person responsible, no one answered.

At 10:30 p.m. of the evening of May 24, 1988, defendant went to his employer’s home in an attempt to borrow $100, which his employer refused to lend him. In the early morning hours of May 25, 1988, defendant spoke with his roommate, offering to share a pizza and beer with him, and defendant’s roommate saw him in their room later that morning when the roommate left for work. Later that day, defendant again visited his sister at the bank and was again wearing the same clothes as the previous two days.

Defendant took his belongings from his room and traveled to Kenosha, Wisconsin, on May 25, 1988, where he registered with the State in an attempt to obtain employment at a local large car manufacturing plant. He obtained a temporary position at that plant and worked over the Memorial Day holiday weekend. Defendant’s prior employer, a landscaper, testified that it was not uncommon for employees to change or leave jobs without notice.

During his stay in Kenosha, defendant encountered some difficulty with the individuals with whom he was staying and contacted the police for aid in recovering his property, including his wallet. On June 2, 1988, after learning that the police wished to question him about events surrounding the victim’s death, defendant’s brother and father traveled to Kenosha to pick up defendant and drove him to the police station investigating the victim’s death. Defendant remained at the police station from 4 a.m. until 8 a.m. on June 2, 1988, where he voluntarily answered questions and at that time also voluntarily provided the police with his fingerprints and hair samples, as well as access to his belongings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Harris
2023 IL App (2d) 210697 (Appellate Court of Illinois, 2023)
People v. Feliciano
Appellate Court of Illinois, 2023
People v. Bryant
2021 IL App (1st) 190870-U (Appellate Court of Illinois, 2021)
People v. Cline
2020 IL App (1st) 172631 (Appellate Court of Illinois, 2020)
People v. McWane
2020 IL App (1st) 181013-U (Appellate Court of Illinois, 2020)
People v. McKenzie
2019 IL App (1st) 162360-U (Appellate Court of Illinois, 2019)
People v. Fillyaw
2018 IL App (2d) 150709 (Appellate Court of Illinois, 2019)
People v. Hernandez
2017 IL App (2d) 150731 (Appellate Court of Illinois, 2017)
People v. Trzeciak
2014 IL App (1st) 100259-B (Appellate Court of Illinois, 2014)
People v. Span
2011 IL App (1st) 83037 (Appellate Court of Illinois, 2011)
People v. Gregory G.
920 N.E.2d 1096 (Appellate Court of Illinois, 2009)
In re Gregory G.
Appellate Court of Illinois, 2009
State v. Butler
24 S.W.3d 21 (Missouri Court of Appeals, 2000)
People v. Zizzo
Appellate Court of Illinois, 1998
People v. Conerty
Appellate Court of Illinois, 1998
People v. Hesler
682 N.E.2d 1224 (Appellate Court of Illinois, 1997)
People v. Banks
Appellate Court of Illinois, 1997
People v. Charleston
662 N.E.2d 923 (Appellate Court of Illinois, 1996)
People v. Reich
610 N.E.2d 124 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 822, 215 Ill. App. 3d 208, 158 Ill. Dec. 709, 1991 Ill. App. LEXIS 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gomez-illappct-1991.