People v. Hines

518 N.E.2d 1362, 165 Ill. App. 3d 289, 116 Ill. Dec. 382, 1988 Ill. App. LEXIS 113
Appellate Court of Illinois·Decided February 3, 1988·No. 4-86-0431·Published·Cited by 38 cases

Opinion

PRESIDING JUSTICE GREEN

delivered the' opinion of the court;

On April 14, 1986, the circuit court of Macoupin County entered judgment on jury verdicts finding defendant Daniel Hines guilty of the following offenses: murder, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, kidnapping, robbery, and unlawful restraint. Then, on June 23, 1986, the court sentenced defendant to a term of natural-life imprisonment for murder. In addition, the defendant received extended-term sentences of 60 years for aggravated criminal sexual assault, 30 years for aggravated kidnapping and 30 years for criminal sexual assault, all three terms to run consecutive to the natural-life sentence for murder. Finally, the court imposed concurrent extended terms of 14 years each for robbery and kidnapping and 6 years for unlawful restraint.

Defendant now appeals and claims the court committed error in: (1) denying his motion for a change of venue; (2) denying several of his challenges for cause for both impaneled and prospective jurors; (3) refusing to excuse one impaneled juror and replace him with an alternate; (4) receiving, at sentencing, evidence of the impact of the decedent’s death upon her parents; (5) imposing a natural-life sentence for murder; (6) imposing extended-term sentences for all convictions other than murder; and (7) imposing consecutive sentences for aggravated criminal sexual assault, criminal sexual assault, and aggravated kidnapping. Defendant also contends the convictions for unlawful restraint,’ kidnapping, aggravated kidnapping, and criminal sexual assault should be vacated either because they (1) are included offenses of another crime for which he was convicted, or (2) arose out of a single transaction in which another crime was committed. We will deal separately with each of these issues under one of three subdivisions in this opinion.

First, however, although no question has been raised as to the sufficiency of the evidence,' a brief summary of that evidence is necessary to an understanding of the issues. Most of the evidence of defendant’s guilt came from the testimony of Michael Turner and a statement defendant had given to a law enforcement officer.

The evidence revealed the following chain of events. On July 13, 1985, defendant (Hines) and brothers Robert and Michael Turner devised a plan to “pick up” girls by use of a red “police light” on their car; they planned on flashing the light, thereby causing girls driving by in cars to stop. They would then pretend they were police officers and “arrest” the girls. In'the late evening, they drove around the rural area of Macoupin County near Wilsonville and stopped along the roadside to wait for some girls to drive past. When decedent, age 16, drove by, they activated their red light, causing her to stop. They then “arrested” her, told her she would have to come with them, and drove her to a cornfield nearby. Robert and defendant then took her six or seven rows into that cornfield. There, Robert forced her to perform oral sex upon him, and then both of the men forced her to have intercourse with them. At some time Robert held his knife to the victim. Later, defendant left the cornfield and joined Michael by the side of the road.

Defendant’s statement indicated that, while back at the road waiting for Robert to return, defendant heard the girl scream a few times and gasp for air. However, in his statement, he also asserted that he did not realize the victim had been killed until July 16, 1985, when Robert told him he had to stab through the victim’s neck because he could not knock her out. Michael testified that, after defendant came out of the field, he heard a thumping sound and some gurgling noises but did not hear a scream. Michael said Robert then returned to the car carrying his knife and told defendant and him he had not hurt the victim, but it had been hard to knock her out.

The victim’s body was found in the cornfield three days after she had been attacked. Evidence indicated she had died from stab wounds near her larynx which had severed her jugular vein. News articles submitted by defendant in his motion for change of venue indicated that the Turner brothers’ sister had informed the police how the crime had been committed and where the girl’s body and the suspects could be found. The three were then arrested three days after the occurrence.

I

Defendant’s first three contentions are all related to the sole question of whether he received a fair trial before an impartial jury.

Defendant first contends that, because this case received extensive publicity in the news media, he- was unable to get a fair trial from an impartial jury in Macoupin County. As a result, he claims the jury ultimately chosen in his case was eithér presumptively or actually prejudiced against him. Since the trial court denied his numerous motions for change of venue, he maintains its decision violated both State law and due process.

One case defendant relies on as support for his actual prejudice argument is Irvin v. Dowd (1961), 366 U.S. 717, 6 L. Ed. 2d 751, 81 S. Ct. 1639. In that case, Irvin was accused of committing six murders in the Evansville, Indiana, area. Due to extensive coverage of the case by the media, the court allowed a change of venue to an adjoining, rural county. However, widespread publicity still prevailed. The news reported details surrounding that defendant’s background, prior record, and his confession to the murders as well as various curbstone opinions as to his guilt and proper punishment.

The voir dire process in Irvin illuminated the strong prejudice which permeated the community. The selection of the jury alone lasted four weeks, and defense counsel exhausted all of his peremptory challenges. Out of 430 veniremen questioned during this process, almost 90% held some opinion as to defendant’s guilt. In addition, two-thirds of the jurors who actually served on the panel believed defendant was guilty. Thus, even though each juror stated he could render an impartial decision despite his opinion, the Court accorded little weight to these statements given the pervasive amount of prejudice involved. The Court concluded that, “in light of the circumstances here the finding of impartiality [did] not meet constitutional standards.” 366 U.S. at 728, 6 L. Ed. 2d at 759, 81 S. Ct. at 1645.

Although the instant case is somewhat similar to Irvin, we find it is more analogous to Murphy v. Florida (1975), 421 U.S. 794, 44 L. Ed. 2d 589, 95 S. Ct. 2031. Murphy involved the robbery trial of Jack Roland Murphy, a flamboyant criminal whom the press called “Murph the Surf.” Because of his extravagant life-style and prior dealings, the press gave the case a lot of publicity. The media reported extensively on the defendant’s prior convictions and the pending charges against him, but the articles which appeared were largely factual in nature. In addition, the majority of nqws coverage occurred seven months prior to the commencement of the trial.

During jury selection in Murphy, 20 of the total 78 veniremen questioned were dismissed as having already prejudged the defendant. The prosecution and defense excused 20 more peremptorily.

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

People v. Hines, 518 N.E.2d 1362, 165 Ill. App. 3d 289, 116 Ill. Dec. 382, 1988 Ill. App. LEXIS 113 (Ill. Ct. App. 1988).

518 N.E.2d 1362 (People v. Hines) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Rodriguez-Palomino
2019 IL App (2d) 160361-B (Appellate Court of Illinois, 2019)
People v. Strawbridge
935 N.E.2d 1104 (Appellate Court of Illinois, 2010)
People v. Stawbridge
Appellate Court of Illinois, 2010
People v. Siguenza-Brito
920 N.E.2d 233 (Illinois Supreme Court, 2009)
People v. Pendleton
665 N.E.2d 350 (Appellate Court of Illinois, 1996)
People v. Abraham
629 N.E.2d 148 (Appellate Court of Illinois, 1993)
People v. Ratzke
625 N.E.2d 1004 (Appellate Court of Illinois, 1993)
People v. Wilson
628 N.E.2d 472 (Appellate Court of Illinois, 1993)
People v. Fort
618 N.E.2d 445 (Appellate Court of Illinois, 1993)
People v. Sims
612 N.E.2d 1011 (Appellate Court of Illinois, 1993)
People v. Merritte
611 N.E.2d 24 (Appellate Court of Illinois, 1993)
People v. Friday
598 N.E.2d 302 (Appellate Court of Illinois, 1992)
People v. Hartzol
584 N.E.2d 291 (Appellate Court of Illinois, 1991)
People v. Coleman
571 N.E.2d 1035 (Appellate Court of Illinois, 1991)
People v. Leger
567 N.E.2d 68 (Appellate Court of Illinois, 1991)
People v. Trice
577 N.E.2d 1195 (Appellate Court of Illinois, 1991)
Taylor v. R.D. Morgan & Associates, Ltd.
563 N.E.2d 1186 (Appellate Court of Illinois, 1990)
People v. Foster
556 N.E.2d 1214 (Appellate Court of Illinois, 1990)
People v. Lockett
554 N.E.2d 566 (Appellate Court of Illinois, 1990)