People v. Gray

576 N.E.2d 177, 215 Ill. App. 3d 1039, 159 Ill. Dec. 508, 1991 Ill. App. LEXIS 1036
Appellate Court of Illinois·Decided June 18, 1991·No. 1-87-3899·Published·Cited by 10 cases

Opinion

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

Defendant Terry Gray was convicted by a jury of murder and acquitted of aggravated criminal sexual assault; he appeals the murder conviction upon numerous grounds.

Detective Victor Breska testified that on March 25, 1986, he was riding in an unmarked police car when, at about 8:45 p.m., someone flagged him down at 13th and Troy Streets in Chicago, and upon pulling over, he was told that a body had been discovered behind a building in a nearby alley. Breska walked into the alley and saw a body lying in the basement stairwell of an abandoned three-flat building. There was blood on the deceased’s upper torso and head, and the head was also partially covered with garbage. There was blood on the ground and wall as well, and bricks, glass and other sharp objects were lying around in the alley near the deceased. Although the evidence conflicted as to whether the pants of the deceased were pulled down, there seems to be agreement that they were unzipped. Breska also testified that all but two or three steps in the stairwell leading to the basement were covered with garbage, that the alley was below the middle of the basement door, and that a photograph taken at alley level did not disclose the body.

Detective Ed Rave testified that the area where the body was found had a high crime rate, with numerous incidents of narcotics use and homicide. On March 25, 1986, at 9 p.m., he proceeded to the rear of 1316 South Troy, and observed a body lying in the basement stairwell with clenched fists.

On cross-examination, Rave stated that although the area was dusted for fingerprints, none was found. The trial judge then sustained the State’s objection and barred defendant from cross-examining Rave about information he had received during his investigation concerning threats to the deceased by a third party. Rave further testified that the nearest streetlight was 20 feet from the body and that there was a porch or platform directly above the basement door.

Calvin Polk, who lives on the second floor of 1255 South Troy, testified as a witness for the State that he spent the early evening of March 25, 1986, behind 1254 South Troy, drinking with his brothers James and Omar. At about 8:30 p.m., as the three were entering the alley, Calvin spoke to Sam Redmond, who was just leaving it. As Calvin and his brothers walked down the alley and behind one of the buildings, Calvin saw two people in the stairwell under the porch, one of whom was standing, and the other was lying on the ground. Because the porch blocked his view, he could see only the legs of the person lying on the ground, and he could not see the face of the person who was standing. However, he identified defendant based upon his body build. Calvin also stated that at about 9:35 p.m., he dialed 911, and at that point in his testimony the record reflects the following:

“Q. When you called 911, what did you tell them?
MR. HOWSE: Objection, your Honor.
A. I stated that there had been a murder committed and that the police were there investigating the scene.
Q. Okay. And did you tell them who they were looking for?
A. Yes, sir, I did.
Q. Who did you say that was?
A. I said Terry Gray.”

During this conversation with the police, he also gave a description of defendant, including his clothing, body build, facial hair and age.

Over defendant’s hearsay objection, Calvin stated that on April 12, 1986, he was interviewed at police headquarters, where at first he denied knowledge of the incident, but after being told of certain information obtained by the police, he told them of the phone call he had made and what he saw and had seen. Defendant renewed his objection, alleging that Calvin’s testimony was a prior consistent statement used to bolster trial testimony. The judge overruled the objection. Calvin also testified over the defense’s objection that on April 12, 1986, he picked out defendant’s photograph at the police station.

On cross-examination, Calvin stated that it was dark by 8 p.m. on March 25, and the nearest light was 20 feet away, but that he had known defendant for seven or eight years, saw him on the streets and occasionally shot pool with him. He further testified that he and his companions had been drinking whiskey and beer for an hour or two, that he never saw the suspect’s hands or hair, that he could not determine if the person that he saw standing was black or white, and that he went back to the comer to drink intermittently for another two hours after seeing the body. After the police showed him photographs of the defendant and one Willie Barber, Calvin picked out defendant’s picture as the man he saw.

Dr. Tae An, an assistant Cook County medical examiner, testified that the postmortem examination he performed on the deceased on March 26, 1986, disclosed several lacerations, bruises and facial fractures, and that he took swab samples of the deceased’s vagina, rectum and mouth. He determined the cause of death to be multiple blunt and sharp facial injuries. A cutting wound appeared on the left wrist area, which he characterized as a defense wound. On cross-examination, the doctor stated that none of the fingernails on the deceased was broken, and there was no skin recovered from them.

Bruno Whitman, a dispatcher with the police department, testified that he received an anonymous call at about 10:34 p.m. on March 25, 1986. Over defendant’s hearsay objection, Whitman further testified that the caller said that a murder had been committed in an alley near 13th and Kedzie and that defendant might be the offender.

Rick Roberts, a criminologist in the police department’s crime lab, testified that in April of 1986, he examined the swabs obtained from the medical examiner’s office and found the presence of sperm, which could have been present in the victim’s body for up to 48 hours, but that his tests could not determine whether the presence of sperm indicated rape.

Ghanetta Simms, another State witness, testified that she had known defendant between 10 and 13 years and that at about 5 p.m. on March 18, 1986, one week before the murder of the deceased, the defendant grabbed her from behind as she walked down 13th Street near Troy. The defendant then started pulling her down an alley, the same alley in which the deceased was found, and stated that he wanted “some of her stuff.” Simms struggled, broke loose and ran away.

Defendant objected to Simms’ testimony as inadmissible evidence of prior bad acts. Although the State argued that the testimony was proper in order to show intent, motive and identity, the trial court overruled the objection, stating that Simms’ testimony could be admitted to show common scheme and design. On cross-examination, Simms testified that she never called the police to report the incident, and stated over defendant’s objection that the reason she did not do so was because she was afraid of the defendant.

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People v. Gray, 576 N.E.2d 177, 215 Ill. App. 3d 1039, 159 Ill. Dec. 508, 1991 Ill. App. LEXIS 1036 (Ill. Ct. App. 1991).

576 N.E.2d 177 (People v. Gray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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