People v. Green

599 N.E.2d 39, 233 Ill. App. 3d 298, 174 Ill. Dec. 493, 1992 Ill. App. LEXIS 1327
Appellate Court of Illinois·Decided August 21, 1992·No. 3-91-0483·Published·Cited by 2 cases

Opinion

JUSTICE GORMAN

delivered the opinion of the court:

Following a jury trial, the defendant, Curtis Green, was convicted of first degree murder (Ill. Rev. Stat. 1991, ch. 38, par. 9—1). He was sentenced to a term of natural life imprisonment. He appeals.

At trial, Lenette Barth testified that she was the sister of the victim, Sandra Mason. Mason had lived with the defendant for several years but had ended the relationship. On November 18, 1990, Barth, her husband Bernard, and Mason went to a home that Mason had shared with the defendant. Mason needed to pick up some personal items, and Bernard wished to disconnect the telephone so that the defendant could not continue making harassing calls to Mason. The defendant was there when they arrived. He became angry and argued with Mason. Mason subsequently left.

Lisa Bowers testified that she worked with Mason as a nurse at the Good Samaritan Nursing Home in East Peoria. On November 18, 1990, at approximately 6 p.m., Bowers saw the defendant enter the nursing home carrying a knife. Mason, who had been standing near the door, screamed, “Oh, my God, help me!” The defendant ran up to Mason, hit her, pushed her against the wall, and started stabbing her. Mason fell to the floor and struggled to get up, but after the defendant stabbed her some more, she fell to the floor again. Bowers called the police and ran into a back room.

There were several other witnesses to the stabbing. None of them observed the beginning of the incident. However, after the stabbing began, one of the witnesses, Ronald Sarver, ran forward and hit the defendant with a lamp. The defendant stopped momentarily but then continued to stab Mason. Sarver also threw a chair at the defendant, yet the stabbing continued. Ultimately, though, the defendant stopped, walked over to the nurse’s station, and stood there until the police arrived.

East Peoria Officer Pete Fisher was one of the first to reach the scene. He found the defendant standing at the nurse’s station bleeding from his hands. He then found Mason lying in a pool of blood down the hall. The officer asked where the knife was, and the defendant told him that he did not know.

Other East Peoria officers also arrived after Officer Fisher. Officer Lee Mauschbaugh found the defendant to be slow moving but cooperative. He heard the defendant say, “I’m already dead, why don’t you shoot me?” Lieutenant Charles Morgan also heard the defendant ask police to shoot him.

Mason was taken from the scene and transported to the hospital, where she was declared dead. Dr. Mary Jumbelic, a forensic pathologist, performed an autopsy on Mason’s body. Dr. Jumbelic found 30 stab wounds, over 100 incised wounds, and 4 puncture wounds. The witness concluded that these wounds had caused Mason’s death.

The defense called several witnesses who indicated that the defendant had a good reputation for peacefulness and nonviolence.

Dr. Robert A. Chapman, a practicing psychiatrist, testified that he found the defendant to be illiterate and educationally disabled. Dr. Chapman concluded that the defendant suffered from a substantial disorder which would have impaired his judgment on November 18. However, the disorder did not rise to the level of insanity.

The defendant testified on his own behalf. He recalled that Mason and two of her relatives came to his house on November 17. He did not argue with Mason at that time. He later noticed that his telephone had been disconnected. Still later, after leaving the house and coming back, he noticed that his furniture was gone and the gas was off. He spent that night at an ex-girlfriend’s home and left the next morning. He smoked cocaine and rode around for some time before calling Mason at work. Mason said she was busy and did not have time to talk.

At approximately 6 p.m., he drove to the nursing home to talk to Mason. He walked into the nursing home, quickly found Mason, and tried to speak to her. Mason told him she was “prepared for him.” She ran to the nurse’s station, came back with a knife, and cut the defendant’s hand. The defendant grabbed for the knife and was able to take it away from Mason after they fell. The defendant then stabbed Mason with the knife several times. Afterwards, he waited for the police to come. The defendant insisted that he had not come to the nursing home to hurt Mason and that he was surprised when she came at him with the knife.

Following the defendant’s testimony, the State presented evidence in rebuttal.

Dr. James A. Thomas testified that following the incident, he treated the defendant for cut wounds to his hands. Dr. Thomas indicated that the locations of the defendant’s cuts were not consistent with the cuts someone would suffer when he grabbed a knife away from another person. Rather, they were consistent with the wounds someone would suffer when his hands slipped while stabbing someone.

Yolanda Richards testified that the defendant had a bad reputation for peacefulness.

Lisa Bowers and Officer Lee Mauschbaugh offered testimony regarding the defendant’s telephone conversation with Mason on November 18. The defense objected to the testimony. The court heard argument on the point and ultimately ruled that the evidence was admissible to establish Mason’s state of mind.

Bowers testified that on November 18 Mason received a call at the nursing home. Bowers heard Mason use the name “Curtis” and say, “Don’t bother me, leave me alone, and don’t call me at work.” Upon leaving the telephone, Mason told Bowers that the defendant had threatened her. Mason also told Bowers that she should call 911 if the defendant came to the nursing home.

Officer Mauschbaugh testified that he was called to the nursing home on the afternoon of the 18th. After he arrived, Mason reported to him that the defendant had threatened her in the course of a telephone call.

The jury subsequently found the defendant guilty of murder. At the sentencing hearing, the State presented evidence in aggravation. Teresa Porter and James E. Jordan recalled an incident in March of 1990 in which the defendant dragged Mason from a bar and hit her. The defense responded with testimony showing that the defendant was a good father and worker and that he was peaceful and quiet. The defendant also assumed the stand and denied dragging Mason from the bar and hitting her. The presentence investigation report disclosed that the defendant had previously been convicted of various traffic offenses and unlawful use of weapons.

The court then ordered the defendant to serve a term of natural life imprisonment. The defendant appeals.

The defendant first argues that the trial court erred in admitting the testimony of Bowers and Officer Mauschbaugh regarding the defendant’s threatening telephone call to Mason. The defendant contends that this testimony was inadmissible hearsay.

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People v. Green, 599 N.E.2d 39, 233 Ill. App. 3d 298, 174 Ill. Dec. 493, 1992 Ill. App. LEXIS 1327 (Ill. Ct. App. 1992).

599 N.E.2d 39 (People v. Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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