People v. Gonzalez

884 N.E.2d 228, 379 Ill. App. 3d 941, 318 Ill. Dec. 673, 2008 Ill. App. LEXIS 134
Appellate Court of Illinois·Decided February 22, 2008·No. 1-06-0271·Published·Cited by 61 cases

Opinion

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Following a jury trial, defendant, Jose Luis Gonzalez, was found guilty of first degree murder and sentenced to a term of natural life in prison. On appeal, defendant contends that the trial court erred by admitting other crimes evidence and by admitting hearsay testimony. For the reasons that follow, we affirm.

In May 2002, defendant was arrested in Texas and subsequently charged with, among other things, the 1991 murder of his 18-year-old maternal half sister, Angelita Molina. Prior to trial, the State filed a motion to admit other crimes evidence regarding the 1996 murder of defendant’s mother, Blanca Molina. The trial court ruled that evidence pertaining to Blanca’s murder could not be admitted as other crimes evidence, but that the State could question its police witnesses about the course of their investigation.

The following evidence was presented at defendant’s trial.

Tina Marie Shealy testified that she last spoke with Angelita over the telephone on January 19, 1991. She discovered that Angelita was missing the following day and reported her missing to the Elgin police on January 22, 1991. Approximately one week later, defendant called Shealy and asked if she would take Blanca out to look for Angelita. Shealy never saw defendant join the search for Angelita. She last saw defendant on January 23, 1991, when defendant told her that he had been receiving threatening phone calls.

Alberto Pozos, Angelita’s friend, testified that Angelita lived in an apartment with her cousin Tony, Blanca, and defendant. Pozos went to Angelita’s apartment around 2 a.m. on January 20, 1991. Tony and a friend were at the apartment at that time, and Blanca arrived at the apartment at approximately 4 a.m. Pozos heard Blanca and Angelita talking when he went to sleep around 4 a.m., and when he awoke the following morning Pozos did not see Angelita and it did not appear that her bed had been slept in. At that time, defendant was downstairs in the living room. A couple of days later, Pozos went to look for Angelita with Tony, although he never went searching for her with defendant.

Robert Bjorkland, a retired detective of the Elgin police department, testified that at approximately 4 p.m. on February 8, 1991, he received a dispatch that a body had been found near Ash and Burch Streets in Elgin, Illinois. The naked and frozen body, later identified as Angelita, was located in a field approximately 200 feet behind her residence. The body had a laceration on the forehead and bruising on the limbs.

Angel Tinajero, who identified Angelita’s body for the police, testified that he had previously dated Angelita and that she had given birth to their child.

Dr. Larry Blum performed an autopsy and used a sexual assault kit on Angelita’s body. Dr. Blum collected loose hairs from various parts of Angelita’s body, took samples of Angelita’s blood and head and pubic hair, and took oral, vaginal and rectal swabs.

Dr. Blum testified that in his expert opinion, Angelita died of acute craniocerebral injury due to multiple blunt trauma resulting from a beating and that the manner of death was homicide. Dr. Blum’s examination revealed that Angelita had multiple types of blunt force injury, including contusions and abrasions to her face and neck, lacerations to the scalp and head area, and a depressed skull fracture on the right side of the head beneath the temple. Angelita’s body also had bruising on the fingers, collarbone, elbow, hip, and knee. There were defensive wounds to the back of Angelita’s hands, which Dr. Blum explained could be caused by trying to cover up while being struck on the head. There was a depressed skull fracture beneath a laceration to Angelita’s right temple, and bone fragments from the skull fracture had pierced and entered her brain. Dr. Blum opined that the condition of Angelita’s body was consistent with her having died between January 20 and January 22, 1991. Dr. Blum testified that Angelita’s bruises were inflicted shortly before death and that she died in a prone or fetal position. Dr. Blum opined that the skull fracture was caused by “a horrific amount of force” that was consistent with being hit by a heavy, dense object, such as a hammer or a tire iron. Dr. Blum also examined the tissue around the anus and vaginal areas and did not see any evidence of blunt trauma or bruising to those areas. Dr. Blum explained that this was consistent with women who had previously given birth and who had possibly been sexually assaulted. Dr. Blum also testified that his findings were consistent with Angelita having been grabbed around the neck or struck during a sexual assault and with Angelita having been sexually assaulted and killed at approximately the same time.

On cross-examination, Dr. Blum testified that his examination of Angelita’s body revealed no physical evidence of sexual assault. He also acknowledged that his findings were not inconsistent with Angelita engaging in consensual intercourse prior to having been murdered.

The parties stipulated that defendant was arrested at his home in Elgin on January 23, 1991, on an unrelated matter, and that he was still in custody when Angelita’s body was found on February 8, 1991.

Cynthia Torrisi-Barrerra, a forensic scientist in the biology DNA section of the Illinois State Police, testified that on February 13, 1991, she received evidence in this case including hairs and fibers from Angelita’s body, a sheet in which police had wrapped the body, and a sexual assault kit. On April 2, 1991, she conducted an analysis of the sexual assault kit, which revealed the presence of sperm on Angelita’s vaginal and rectal swabs. Torrisi also determined that several of the human hairs recovered from Angelita were color-treated or dyed, and her further examination of two head hairs from Angelita’s known standard revealed that she did not have dyed or color-treated hair.

On cross-examination, Torissi acknowledged that under Macard’s Principle, hair transfers between people and objects are common and expected among people who live together or share the same bed.

Roberto Garza, Jr., a Texas Ranger stationed in Corpus Christie, Texas, testified that on January 17, 1996, he was assigned to investigate the murder of Blanca Molina. Blanca was found in a semi-bushy wooded area in a shallow grave approximately 60 yards from her apartment complex. She was naked from the waist down, wrapped neatly in a blanket and a bed sheet that matched the bedding in her apartment. There were no signs of forced entry into her apartment. The medical examiner ruled that the cause of death was strangulation and that Blanca was suffocated with a plastic bag that was placed over her head. Based upon his initial investigation, Ranger Garza contacted the Elgin police department. In February 1996, the Elgin police sent two detectives to Texas, and Ranger Garza helped them in their investigation. Ranger Garza and the Elgin police interviewed defendant, who voluntarily gave samples of his blood, hair and saliva.

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People v. Gonzalez, 884 N.E.2d 228, 379 Ill. App. 3d 941, 318 Ill. Dec. 673, 2008 Ill. App. LEXIS 134 (Ill. Ct. App. 2008).

884 N.E.2d 228 (People v. Gonzalez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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