People v. Holmes

508 N.E.2d 405, 155 Ill. App. 3d 562, 108 Ill. Dec. 244, 1987 Ill. App. LEXIS 2458
CourtAppellate Court of Illinois
DecidedMay 8, 1987
Docket85-634
StatusPublished
Cited by9 cases

This text of 508 N.E.2d 405 (People v. Holmes) 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. Holmes, 508 N.E.2d 405, 155 Ill. App. 3d 562, 108 Ill. Dec. 244, 1987 Ill. App. LEXIS 2458 (Ill. Ct. App. 1987).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Following a jury trial, defendant Marion Holmes was found guilty of armed robbery (Ill. Rev. Stat. 1983, ch. 38, par. 18 — 2(a)) and sentenced to 15 years’ imprisonment. On appeal, defendant contends: (1) he was denied his constitutional right to counsel of his choice; (2) he was not proved guilty beyond a reasonable doubt; (3) the trial court erred in refusing to release discovery material to him in violation of his constitutional right to due process; (4) his attorney was incompetent at trial and laboring under a conflict of interest during a post-trial hearing; and (5) his sentence was excessive. For the reasons set forth below, we affirm.

The record discloses that on March 23, 1980, a McDonald’s office in Chicago Heights, operated as a clearinghouse for the receipts of eight McDonald’s restaurants, was robbed of $13,000 by two men. Defendant was arrested for the crime in January 1982 after his alleged accomplice, Ulrich Williams, implicated him in the robbery.

Prior to trial, the State filed a motion to remove Leo Holt, defendant’s privately retained counsel, from representing defendant based on an alleged conflict of interest; Holt had represented Ulrich Williams, the State’s key witness, in various criminal proceedings within 12 years of defendant’s trial. Defendant filed a memorandum, alleging that no conflict existed and, if one did, he waived his right to conflict-free counsel.

At a hearing on the motion, Holt admitted that he had represented Williams in 1972 on an armed robbery charge, winning a dismissal at the preliminary hearing; in 1977-78 he represented Williams on a possession of stolen motor vehicle charge, wherein a guilty plea was entered; he possibly represented Williams on two misdemeanor deceptive practices cases in 1969; that five years prior to defendant’s trial in 1984 he had had communications with Williams which would be covered by the attorney-client privilege; and that in the early 1970s he had represented Williams’ brother. Following extensive argument on the motion, the court ruled that a per se conflict existed and, notwithstanding defendant’s waiver of any conflict, it removed Holt from the case.

Defendant subsequently retained Isaiah Gant, who was recommended by Holt. Gant filed a motion to allow discovery of a statement made by Ulrich Williams in proceedings in the circuit court of Will County, which allegedly pertained to matters relevant to the armed robbery of the McDonald’s office. The State objected to releasing the entire statement to defendant, contending that the material was irrelevant and would jeopardize on-going, unrelated investigations, as well as endanger the safety of certain police informants. Over defendant’s objection, the presiding judge, after asking the State to indicate which sections of the statement it felt should be excised, retired into his chambers with the assistant State’s Attorney and conducted an in camera proceeding to examine the sections in question and to obtain an explanation of the State’s objections to the discovery of those sections. Upon his return to open court, the judge stated that the excised material involved investigations which had no facial relationship to the case at bar and granted the State’s request to tender the statement to defendant with 12 sections deleted. The excised and unexcised copies of the statement were placed under seal with the court reporter’s notes of the in camera proceeding to be made available for inspection by this court, if necessary.

At trial, Patricia Skalski, McDonald’s bookkeeper, testified that between 10 and 10:30 a.m. on the day of the robbery a short, thin man entered the office and asked her if a car dealer next door was open. She replied she did not know and the man left. Shortly thereafter the same man returned and told her to sit down and be quiet or she would get hurt. Another man, taller and heavier than the first man, then entered, pulling a ski mask over his face as he did so. He asked Skalski if “Tony,” another employee, had arrived yet, and she replied that he had not. After taking $10 from her purse, the men told Skalski to continue with her work, and the first man that had entered the office sat down next to her holding a gun.

At approximately 10:30 a.m., Sherry Van Kampen arrived. She entered the office carrying the nightly receipts from four of the eight McDonald’s restaurants. The second man took her aside, tied her up, and put her into a doorless closet facing the wall. Two more persons subsequently entered the office and were tied up and put in the closet. Shortly thereafter the men also tied up Skalski, put her in the closet, and then left. Skalski estimated that the incident lasted 15 to 30 minutes.

Skalski later gave the police detailed descriptions of the robbers. At trial, during direct and cross-examination, the descriptions varied somewhat. She told the police that the first man who entered the office, allegedly defendant Holmes, was black, 40 to 45 years old, 5 feet 5 inches to 5 feet 6 inches, 190 to 220 (160 to 180) pounds and wore a black fur coat. She described the second man, allegedly Williams, as being a heavyset individual, weighing 225 (180 to 200 pounds, 5 feet 4 inches to 5 feet 5 inches (5 feet 6 inches to 5 feet 7 inches), 35 to 40 (30 to 40) years old, and wearing tennis shoes and a tan or brown jacket. Skalski further testified that the second “heavyset” man did not have a gun, and, although she initially stated the first man did not “do anything with his face,” she later stated that that individual wore a blue or a green mask. Skalski was unable to identify anyone from photographs shown to her after the robbery at the police station and, IV2 years later, she could not identify defendant or Williams from two photographic lineups containing their pictures.

Sherry Van Kampen testified that on the morning of the robbery she delivered $15,000 in money receipts bundled in small sacks to the Chicago Heights office. When she entered the office, she laid the money on a desk. Subsequently, she was confronted by “a short [heavyset] man in a ski mask with a gun,” whom she later identified as Williams. She also saw another man with a ski mask near Skalski, whom she later identified as defendant; she described him as “tall, black and armed with a gun.” Defendant told Williams to bring the money receipts and Van Kampen’s purse to him. Both men then stuffed the sacks of money inside their clothes. At defendant’s direction, Williams took $100 from Van Kampen’s purse, tied her up with some wire, and put her into a doorless closet which was approximately four feet away from Skalski’s desk. Defendant then asked Van Kampen if her husband, Tony, was picking up more money and whether he was driving his blue car. Van Kampen responded affirmatively to both questions.

Van Kampen further stated that shortly thereafter another employee entered the office, was tied up, and was placed in the closet facing the wall. The employee’s brother appeared a little later and was also tied up and placed in the closet. While the two men waited for Van Kampen’s husband to arrive, defendant paced back and forth and Williams stood near Skalski. Subsequently, defendant told Williams to tie up Skalski and to put her in the closet. Both men then went from the office to the hallway near the outside door, where they took their ski masks off.

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Related

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2017 IL App (1st) 151779 (Appellate Court of Illinois, 2018)
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606 N.E.2d 439 (Appellate Court of Illinois, 1992)
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601 N.E.2d 1179 (Appellate Court of Illinois, 1992)
People v. Fritz
588 N.E.2d 307 (Appellate Court of Illinois, 1992)
People v. Wrightner
579 N.E.2d 573 (Appellate Court of Illinois, 1991)
People v. Holmes
565 N.E.2d 950 (Illinois Supreme Court, 1990)
Dickson v. State
520 N.E.2d 101 (Indiana Supreme Court, 1988)
People v. Sanchez
515 N.E.2d 213 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
508 N.E.2d 405, 155 Ill. App. 3d 562, 108 Ill. Dec. 244, 1987 Ill. App. LEXIS 2458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holmes-illappct-1987.