People v. Gordon

617 N.E.2d 453, 247 Ill. App. 3d 891, 187 Ill. Dec. 245, 1993 Ill. App. LEXIS 1096
CourtAppellate Court of Illinois
DecidedJuly 22, 1993
Docket2-91-0591
StatusPublished
Cited by6 cases

This text of 617 N.E.2d 453 (People v. Gordon) 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. Gordon, 617 N.E.2d 453, 247 Ill. App. 3d 891, 187 Ill. Dec. 245, 1993 Ill. App. LEXIS 1096 (Ill. Ct. App. 1993).

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

After a bench trial, defendant, Robert Gordon, was convicted of aggravated battery to a senior citizen (Ill. Rev. Stat. 1989, ch. 38, par. 12—4(b)(10) (now, as amended, 720 ILCS 5/12—4(b)(10) (West 1992))) and robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18—1 (now 720 ILCS 5/ 18—1 (West 1992))). He was sentenced to concurrent three-year prison terms. On appeal, defendant argues that (1) he was not proved guilty beyond a reasonable doubt of either offense; and (2) he did not receive the effective assistance of counsel. We affirm defendant’s conviction of aggravated battery to a senior citizen. We reduce defendant’s conviction of robbery to attempted robbery.

On the afternoon of October 14, 1990, several young men riding bicycles attacked Aileen Prasti, an 82-year-old woman, as she was walking east on Dugdale Avenue in Waukegan. Defendant and his brother, Conan Gordon, were each charged with two counts of aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12—4(a) (now 720 ILCS 5/12—4(a) (West 1992))) and one count of aggravated battery to a senior citizen. Defendant was also indicted for robbery. Initially, Conan Gordon was indicted for robbery, but later he pleaded guilty to an amended charge of attempted robbery (Ill. Rev. Stat. 1991, ch. 38, pars. 8—4(a), 18—1(a) (now 720 ILCS 5/8—4(a), 18—1(a) (West 1992))).

On November 8, 1990, the trial court received a pretrial bond report on defendant. The report stated that defendant, who was 18 years old at the time, appeared to be developmentally disabled. Defendant could not read and was taking special education classes. He had difficulty understanding spoken communications or “comprehending time spans,” and he appeared to have “no comprehension of the judicial system.” No pending charges against him had been discovered.

Noting this information, the trial court ordered that defendant be evaluated for his fitness to stand trial. On December 19, 1990, the court received a report from Dr. Alfred Marx, who concluded that, despite defendant’s limited intellectual capacity, defendant was fit to stand trial. Although defendant was slow to understand questions, he could do so if the questioner used simple language and sufficient repetition. Defendant understood the charges against him, and he had a general understanding of “what a plea is,” the court process, and the possible consequences of being convicted of the charges against him. Defendant was able to read the various police reports that the State had disclosed, although he did so slowly and haltingly. He summarized the various accounts of the incident and gave his own exculpatory version. Dr. Marx opined that defendant would be able to communicate with counsel and could assist counsel in his defense.

On February 11, 1991, defendant’s counsel filed an answer to a State discovery motion. The answer listed defendant’s mother and sister, with whom he resided at 801 Cummings in Waukegan, as possible witnesses. The answer stated that defendant might assert the affirmative defense of alibi, i.e., that he was at home at the time of the incident. Also listed as a possible witness was Ingrid Smith, defendant’s special education teacher at Waukegan High School.

On March 22, 1991, defendant filed a motion to suppress any statements defendant made at the time of his arrest. The motion argued that statements that he sought suppressed were involuntary because they resulted from psychological coercion. Specifically, the motion stated that, directly after defendant was arrested on October 21, 1990, he was interrogated by Sergeant Hendley, who showed defendant a prepared statement and told defendant that if the latter did not sign the statement Hendley would throw him “against the wall.”

At a hearing on March 27, 1991, defendant’s attorney stated that Ingrid Smith would testify from her experience about defendant’s inability to read or comprehend the Miranda forms or the written statement he allegedly signed. The trial judge noted that the written motion to suppress argued only that the statement was the result of coercion and not that the statement should be barred because defendant did not knowingly and intelligently waive his Miranda rights. The judge allowed defense counsel to amend the motion orally to include this ground for suppressing the statement. The court decided that the trial and the hearing on the motion to suppress would proceed together.

The State’s first witness at trial was Virginia Correa, who testified that, at about 2:30 p.m. on October 14, 1990, she was riding to work with her father. It was raining and her father was driving slowly. As they approached the Waukegan Developmental Center, where she worked, she noticed that Prasti (whose photograph she identified in court) was walking east on Dugdale. Three young black males were behind Prasti, riding their bicycles very slowly. As Correa looked at them, two of the young men looked back at Correa. Each of these two was wearing a red and black checked flannel shirt. The third man, who did not look at Correa, was wearing a dark blue jacket and a blue baseball cap. Two of the young men, including the one in the blue jacket, grabbed Prasti and lifted her up. The one in the blue jacket attempted to grab her purse. The two men dropped Prasti to the ground. The third kicked her.

As she watched, Correa told her father of the incident. Both of them got out of the car to help the victim. The three young men rapidly left the scene. Correa’s father pursued them by car but could not catch up with them. He went to the fire station to find somebody to help the victim.

At trial, Correa unequivocally identified defendant as the young man who had been wearing the blue jacket. She related that although defendant did not look directly at her during the incident, she had come to within 10 to 15 feet of him and saw the front and side of his face for about 30 to 45 seconds. Although the weather was drizzly, it was not overcast.

Correa never picked the defendant out of a lineup, and she did not see defendant in the six months between the incident and the trial. She recognized him in court because she remembered his face. She had never seen any of the young attackers before the incident. On the day of the incident, Correa described the men to the police. She described defendant as about 5 feet, 6 inches, 135 pounds, and 17 or 18 years old. Correa looked at photographs, but she did not identify the other two attackers. She told police that one of the people photographed looked like defendant; however, she did not identify this person as defendant because she did not believe that he was defendant. She learned later that this person was not defendant.

Sergeant Paul Hendley of the Waukegan police department testified next. After identifying defendant in court, he stated that he spoke to defendant at the police station at about 5:15 p.m. on October 21, 1990. Defendant was at the station because he had been arrested for possessing a stolen bicycle. Defendant had been brought to the station before Hendley came to work at 3:45 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 453, 247 Ill. App. 3d 891, 187 Ill. Dec. 245, 1993 Ill. App. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gordon-illappct-1993.