People v. Grisset

681 N.E.2d 1010, 288 Ill. App. 3d 620, 224 Ill. Dec. 389, 1997 Ill. App. LEXIS 301
CourtAppellate Court of Illinois
DecidedMay 19, 1997
Docket1-95-2898
StatusPublished
Cited by39 cases

This text of 681 N.E.2d 1010 (People v. Grisset) 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. Grisset, 681 N.E.2d 1010, 288 Ill. App. 3d 620, 224 Ill. Dec. 389, 1997 Ill. App. LEXIS 301 (Ill. Ct. App. 1997).

Opinion

JUSTICE O’BRIEN

delivered the opinion of the court:

Following a jury trial, defendant, Cedric Grisset, was found guilty of first-degree murder and sentenced to 50 years in prison. On appeal, defendant contends: (1) the trial court erred in refusing to allow the testimony of Detective Luera concerning the statement defendant made to the detective shortly after his arrest; (2) the trial court erred by refusing to give an instruction on second-degree murder based on provocation; (3) the trial court erred in refusing to preclude his court-reported statement; (4) the trial court unduly restricted the direct examination of defendant; (5) the trial court unduly restricted the cross-examination of the assistant State’s Attorney; (6) the State made prejudicial comments during closing argument; (7) the trial court denied him his constitutional rights of due process and equal protection when it sentenced a similarly situated codefendant to a substantially lesser period of incarceration; (8) the trial court abused its discretion by sentencing him to 50 years in prison; and (9) the State did not prove him guilty beyond a reasonable doubt. We affirm.

At trial, Essie Gray testified that around 10 p.m. on September 14, 1993, she was sitting in her car, which was parked on May Street between 101st and 102nd Streets. She had driven her brother, Kenneth, to that location so he could retrieve a telephone number from a relative’s car. As Kenneth walked towards Essie’s car, a second car drove up and parked behind Essie’s car. Essie recognized the driver of that car as codefendant Debra Dalloz, and she saw a black man, later determined to be defendant, in the passenger seat.

Essie testified she heard Dalloz say "there he is, there Westside is.” "Westside” was Kenneth’s nickname. Defendant exited the vehicle and approached Kenneth. The two men stood about one to two feet apart and spoke for approximately five minutes.

Essie testified Kenneth backed up a little bit, and then defendant pulled a gun and started shooting. Kenneth had nothing in his hands when defendant shot him. Defendant then entered the passenger seat of the car in which he had arrived, and the car drove north on May Street.

Essie testified Kenneth ran toward a backyard between two houses. Essie ran after Kenneth. When Kenneth got to the backyard, he told Essie he had been shot, and he fell to the ground. Essie called the police and told them the offender’s car was a blue Horizon. She also described the driver as a 200-pound white lady with blonde hair and a pale complexion. At approximately 7 a.m. the next morning, Essie viewed a lineup at Area Two police headquarters and identified Dalloz as the driver of the car. Detective Frank Luera testified that Essie was unable to identify defendant in a lineup.

Officer George Vanderschoot testified that, at approximately 10:20 p.m. on September 14, 1993, he received a call of a man shot at 10140 South May. When he arrived at the scene, Vanderschoot found Kenneth Gray lying dead on the ground between two buildings. Vanderschoot did not observe any weapons on Kenneth, nor were any weapons recovered from the crime scene. Vanderschoot spoke with Essie Gray, who described the offenders. Vanderschoot then broadcast the description to other police personnel.

Sergeant James Glynn testified that, at approximately 10:17 p.m. on September 14, 1993, he monitored a call of a man shot. Shortly thereafter, he monitored another message describing two offenders who were wanted for the shooting. Glynn began proceeding to 118th and Morgan, where, the message indicated, the vehicle was headed.

Glynn testified that, at approximately 115th and Morgan, he saw the wanted offenders and vehicle proceeding north on Morgan. Glynn made a U-turn and began following them. Glynn broadcast the location and direction of the vehicle. At approximately 115th and Carpenter, several police cars converged oh the area and the officers arrested the individuals inside the vehicle. At that time, one of the officers on the scene showed Glynn the butt of a gun sticking out from behind the console on the passenger side of the vehicle. The officers secured the vehicle until the crime lab arrived.

Joseph Thibault, a criminalist with the Chicago police crime laboratory, testified defendant’s right palm and left palm tested positive for gunshot residue. Dalloz’s left palm also tested positive for gunshot residue. Thibault testified that a person can acquire gunshot residue in three ways: by firing a gun, handling a gun, or being in close proximity to a discharged weapon.

Assistant State’s Attorney Peggy Chiampas testified she spoke with defendant on September 15, 1993, in a conference room at Area Two police headquarters. Also present were Detective Luera and a court reporter, who took down defendant’s statement. Defendant told Chiampas that, at about 10 p.m. on September 14, 1993, he was at his grandmother’s house when Dalloz came by. Dalloz told him that Kenneth had hit her in the face with a book because Kenneth was upset that she was going to have a drink with another man. Dalloz also told defendant she wanted to kill Kenneth, and she asked defendant to get her a gun or a knife.

Defendant told Chiampas that he grabbed a loaded gun and went outside to a blue four-door Plymouth. Dalloz entered the driver’s seat, and defendant entered the passenger seat. Dalloz eventually drove to 101st and May, where she saw Kenneth. Dalloz told defendant to get out of the car. Defendant pulled the gun out of his pocket, walked up to Kenneth, and started shooting at him. Kenneth ran away, and defendant jumped in the car and Dalloz drove them away from the crime scene.

Defendant told Chiampas that Dalloz thanked him, drove to the Hollywood liquor store, and bought him some beer. Then they drove to the middle of his grandmother’s block, where he took the shells out of the gun and put them in the sewer. Defendant put the gun in the ash tray of the car, and the police later stopped them.

Defendant’s testimony at trial mirrored his court-reported statement to Chiampas except for one crucial difference: at trial, defendant claimed he shot Kenneth because he saw a "chrome object” in Kenneth’s hand. Defendant also testified he related that information to Chiampas and Detective Luera prior to the court reporter taking down his statement. However, Chiampas testified that defendant never told her he had seen anything in Kenneth’s hand. Detective Luera never testified about whether defendant stated he had seen an object in Kenneth’s hands prior to the shooting.

The jury found defendant guilty of first-degree murder, and the trial court sentenced him to 50 years in prison. Defendant filed this timely appeal.

First, defendant argues the trial court erred by refusing to allow Detective Luera to testify that defendant told him and Assistant State’s Attorney Chiampas that he had seen "something” in Kenneth’s hands prior to the shooting. Defendant contends Detective Lu-era’s testimony was admissible to impeach defendant’s court-reported statement, in which he failed to mention seeing an object in Kenneth’s hands prior to shooting him. Defendant also contends Detective Luera’s testimony was admissible to impeach Chiampas’ testimony that defendant never mentioned seeing anything in Kenneth’s hand.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. McKinney
2024 IL App (1st) 220286-U (Appellate Court of Illinois, 2024)
People v. Walls
2022 IL App (2d) 200459-U (Appellate Court of Illinois, 2022)
People v. Gutierrez
2020 IL App (1st) 180496-U (Appellate Court of Illinois, 2020)
People v. Degorski
2013 IL App (1st) 100580 (Appellate Court of Illinois, 2013)
People v. Ruback
2013 IL App (3d) 110256 (Appellate Court of Illinois, 2013)
People v. Stroup
921 N.E.2d 1218 (Appellate Court of Illinois, 2010)
People v. Sutton
818 N.E.2d 793 (Appellate Court of Illinois, 2004)
People v. Richardson
809 N.E.2d 141 (Appellate Court of Illinois, 2004)
People v. McCann
809 N.E.2d 211 (Appellate Court of Illinois, 2004)
People v. Johnson
771 N.E.2d 477 (Appellate Court of Illinois, 2002)
People v. Hansen
765 N.E.2d 1033 (Appellate Court of Illinois, 2002)
People v. Watkins
757 N.E.2d 117 (Appellate Court of Illinois, 2001)
People v. Joya
744 N.E.2d 891 (Appellate Court of Illinois, 2001)
People v. Sutherland
743 N.E.2d 1007 (Appellate Court of Illinois, 2000)
People v. Vazquez Nunc Pro Tunc to June 30, 2000
Appellate Court of Illinois, 2000
People v. Vazquez
734 N.E.2d 1023 (Appellate Court of Illinois, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
681 N.E.2d 1010, 288 Ill. App. 3d 620, 224 Ill. Dec. 389, 1997 Ill. App. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grisset-illappct-1997.