People v. Griffin

857 N.E.2d 889, 368 Ill. App. 3d 369, 306 Ill. Dec. 490, 2006 Ill. App. LEXIS 954
Appellate Court of Illinois·Decided October 19, 2006·No. 1-04-2580·Published·Cited by 25 cases

Opinion

JUSTICE MURPHY

delivered the opinion of the court:

Defendant, Charles Griffin, was convicted of three counts of first degree murder based on an accountability theory (720 ILCS 5/9— 1(a)(3), 5 — 2 (West 2004)) for the August 2001 shooting deaths of Khristian Bracy, Terrell Hall, and Nadia James. Griffin was sentenced to natural life imprisonment on each count, with all counts running concurrently. On appeal, Griffin argues that: (1) the trial court’s response to a jury question improperly applied the law to the facts and essentially directed a guilty verdict; (2) the prosecutor made improper statements in rebuttal closing argument suggesting that the court had already determined the reliability of Griffin’s statements; and (3) his sentence of life imprisonment is constitutionally disproportionate because he was a passive participant and was only 17 years old at the time of the crimes.

For the reasons stated below, we affirm.

I. BACKGROUND

A. Griffin’s First Confession

On February 27, 2002, Griffin was in the custody of Chicago police on an unrelated matter when he gave a statement relating to a robbery and triple homicide. Chicago police detective Karen Morrissette testified at trial that Griffin told her that a man named Shabaz had approached Griffin to see if he wanted to do a “lick,” which he understood to mean a robbery, at a “dope house.” Griffin told Shabaz he would, but he already had plans to take his girlfriend to a movie that day. They planned to perform the robbery the following week.

The next week, Shabaz approached Griffin and asked whether he was ready to do the “lick.” Griffin said that he was ready and waited until Shabaz returned in a brown Chrysler. Griffin told Shabaz that he would drive the car. Griffin followed Shabaz’s directions to pick up Little Chris, Shabaz’s cousin. They continued to the alley of 113th Street and South Church Street, where Shabaz directed him to park in the alley and wait.

Shabaz and Little Chris left the car and walked to the front of South Church Street until they were out of sight. They were gone about 15 minutes, and during that time, Griffin heard five or six gunshots. Shortly after Griffin heard the gunshots, Shabaz returned to the car with a .357 revolver in one hand and a bag of marijuana in the other. Shabaz and Little Chris got into the backseat of the car, and Shabaz ordered him to drive away. Little Chris asked Shabaz why he shot the man and woman in the house. Shabaz responded that he knew them. Shabaz was upset that Little Chris did not grab the container holding drugs from the house, since it was the reason they went there.

Griffin drove back to the area of West 63rd Street and South Bishop Street. He saw Shabaz two or three days later. Shabaz asked why Griffin did not come by his house to obtain his share of the proceeds from the robbery, and Griffin responded that he did not want it.

B. Griffin’s Second Confession

Assistant State’s Attorney Lisette Mojica testified that she spoke with Griffin at 2:45 a.m. on February 28, 2002, after detectives advised that Griffin was in their custody. After they discussed the triple homicide, Mojica gave Griffin four options for memorializing his statement: (1) an oral statement that Mojica would later write down but that Griffin could not review; (2) a handwritten statement that Mojica would write down and Griffin could correct and sign; (3) a statement transcribed by a court reporter; or (4) a videotaped statement. After a three-hour nap, Griffin decided on a statement that Mojica would transcribe and Griffin would sign. Mojica testified that after she wrote the statement, she and Griffin went through it line by line, and Griffin made corrections. Griffin signed the bottom of each page after the entire statement had been read to him.

Griffin’s second statement was substantially similar to his statement to detectives. According to this statement, when Shabaz initially approached Griffin about doing a robbery, Griffin and Shabaz agreed that Shabaz’s cousin, Little Chris, would go inside the house with Shabaz and that they would steal money, marijuana, and cocaine. Griffin and Shabaz agreed that Griffin would be the driver to and from the robbery. Griffin would also look out for police while Shabaz went inside 11346 South Church Street. They also agreed that Griffin would get a share of what was stolen during the robbery. Griffin knew that Shabaz planned to use a gun because Shabaz told him he was getting the gun.

The second statement also specifies that on August 18, 2001, Shabaz picked Griffin up in a brown Chrysler and asked if he was ready to go. Griffin got into the driver’s seat and went to pick up Little Chris. When they arrived, Griffin drove past the front of 11346 South Church Street. Shabaz told Griffin to wait in the back until he and Little Chris returned. Griffin pulled in the alley behind the house, turned off the lights, and kept the car in park with the engine running. When Shabaz and Chris left the car, Griffin saw that Shabaz had a chrome-colored .357 revolver.

Griffin waited in the car for 10 to 15 minutes while he kept a lookout for police or anyone else who might come down the alley during the robbery. Griffin did not see any police while he waited, but if he had, he would have left. While he was waiting, Griffin heard about four gunshots one minute before Shabaz and Little Chris returned to the car.

At West 63rd Street and Bishop Street, as Griffin was getting out of the car, Shabaz told him to meet him at his sister’s. Griffin did not go, and three days later he saw Shabaz, who asked why Griffin never went to his sister’s house to get his share of the robbery proceeds.

C. Verdict and Sentence

No witnesses controverted the testimony of Morrissette and Mojica, and at trial, Griffin did not present any evidence. On June 4, 2004, a jury returned a verdict of guilty of first degree murder of all three victims. On August 2, 2004, Griffin was sentenced to natural life, concurrent on the three counts.

II. ANALYSIS

A. Trial Court’s Response to Jury Question

Griffin first argues that he was denied his constitutional right to an impartial jury and fair trial when the trial judge improperly applied the law to the facts of the case and essentially directed the jury to find defendant guilty on all three counts of murder. During deliberations, the jury sent out a note asking, “Is the defendant ‘legally responsible’ of felony murder if he didn’t know about the weapon until directly after the murders?” The trial court responded, “The defendant could be found guilty of felony murder based upon residential burglary even if he did not know about the weapon until directly after the murder.”

To preserve a question for appellate review, both a trial objection and a written posttrial motion raising the issue are required. People v. Pinkney, 322 Ill. App. 3d 707, 715 (2000).

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People v. Griffin, 857 N.E.2d 889, 368 Ill. App. 3d 369, 306 Ill. Dec. 490, 2006 Ill. App. LEXIS 954 (Ill. Ct. App. 2006).

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