People v. Hominick

531 N.E.2d 1049, 177 Ill. App. 3d 18, 126 Ill. Dec. 422, 1988 Ill. App. LEXIS 1672
CourtAppellate Court of Illinois
DecidedDecember 1, 1988
Docket2-87-1065
StatusPublished
Cited by16 cases

This text of 531 N.E.2d 1049 (People v. Hominick) 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. Hominick, 531 N.E.2d 1049, 177 Ill. App. 3d 18, 126 Ill. Dec. 422, 1988 Ill. App. LEXIS 1672 (Ill. Ct. App. 1988).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

The defendant, Glen A. Hominick, was found guilty by a jury in the circuit court of McHenry County of seven counts of delivery of a controlled substance (cocaine) (Ill. Rev. Stat. 1985, ch. 56x/2, par. 1401(c)) and one count of narcotics racketeering (Ill. Rev. Stat. 1985, ch. 56x/2, par. 1654(a)). Defendant was sentenced to seven years’ imprisonment on each of the seven unlawful delivery convictions and 12 years on the narcotics racketeering conviction, all sentences to be served concurrently.

He raises eight issues: (1) whether the chain of custody of the cocaine was sufficiently proved; (2) whether his motion for a directed verdict at the close of the State’s evidence should have been granted where the State failed to prove any weight of certain of the items tested for cocaine; (3) whether his motion for a directed verdict at the close of the State’s evidence should have been granted where the State failed to prove him guilty beyond a reasonable doubt of narcotics racketeering; (4) whether the court allowed improper cross-examination of a defense witness; (5) whether the State failed to prove venue as to three of the offenses; (6) whether the jury was properly instructed as to narcotics racketeering; (7) whether the narcotics racketeering statute is unconstitutionally vague; and (8) whether the sentence is excessive and the result of an improper consideration of factors in aggravation and mitigation.

On seven different occasions between July 26 and October 8, 1986, the defendant sold varying small amounts of cocaine, less than 10 grams in each instance, to undercover police. These sales all occurred in different areas of the premises of the Glory Days Bar and Grill in Harvard, McHenry County, Illinois. Further facts necessary to an understanding of the issues raised will be presented prior to analysis of each issue.

CHAIN OF CUSTODY

The defendant contends the chain of custody proved by the State’s evidence was insufficient to permit admission of State’s exhibits Nos. 1 through 7. He points out that the initial handling of the cocaine received from the defendant by Officer Ainsworth and Detective Salgado was careless, there was no testimony as to the condition of Ainsworth’s file cabinet or Salgado’s briefcase at the times the cocaine was removed therefrom and turned over to McHenry County sheriff’s department Detectives Pandre and Lockhart, there was no evidence as to what happened to the white envelope each of Ainsworth’s buys were initially sealed in by him, and there was no testimony as to how the items were brought to court on the day of trial. Such evidence, he argues, was insufficient to sustain the State’s burden of establishing a reasonable probability that the evidence had not been altered or substituted prior to trial.

The State’s position is that the evidence properly was admitted where numerous witnesses identified the items as being the same items produced by the defendant and as being in substantially unchanged condition, and where a chain of possession was established which provided an additional basis for admission of the evidence.

Defendant’s contention necessitates a review of the facts surrounding the chain of custody. In the first transaction on July 26, undercover police officer Shawn Ainsworth purchased two white packets containing one-half gram of cocaine each from the defendant for $100 at the Glory Days Bar and Grill in Harvard. Ainsworth left the bar, put the packets in a white business envelope and sealed the envelope. He drove home and put the sealed envelope in a combination file/gun cabinet which he locked with a pushbutton key lock. No one else had a key or access to the cabinet, and he had no other packets of cocaine in the cabinet at that time. He later turned the cocaine over to Detective Pandre. Ainsworth identified People’s exhibit No. 1 in court as the two packets which he purchased from the defendant on July 26. He identified them because they had the marking “xk” on the seal of the packet itself. The packets were in the same condition as they were when he received them and turned them over to Detective Pandre except they had tape and other markings on them.

On cross-examination regarding this incident, Ainsworth testified he did not open the packets to inspect them, nor did he initial or mark the white envelope in which he sealed them. Two other people resided with Ainsworth in his home located in Boone County about three miles from Harvard. The cabinet was his and was a two-drawer gray metal filing cabinet. It was 17 hours later when he turned the still sealed white envelope over to Detective Pandre at a country vegetable stand just off route 47 and Charles Road. People’s exhibit No. 1 did not contain a white envelope, and he did not know what happened to the white envelope after he gave it to Detective Pandre.

Detective Pandre identified People’s exhibit No. 1 as the two “snow-seals” he received from Ainsworth. Pandre immediately-brought them to his office in the courthouse, where there is an evidence room. The packets tested positive for cocaine. He weighed them and secured them in a plastic bag and put them by themselves in a locked evidence locker. He wrote on the clear plastic bag what the contents were and the date he received them and sealed the top with evidence tape. Only he and Detective Ronald Page had keys for the evidence locker. He later turned the plastic bag over to Detective Lockhart. In court, the packets were different from when he received them from Ainsworth in that they had orange tape and some markings on them, and the package was different than when he turned it over to Detective Lockhart in that it had been opened in an area other than the top seal and resealed and there were some other dates on it.

Detective Lockhart identified People’s exhibit No. 1 which he received from Detective Pandre. He distinguished its present appearance and the appearance of its contents from their condition when he received them from Pandre. He transported People’s exhibit No. 1 to the State police crime lab in Rockford and gave it to forensic scientist James O’Connor. Other than the People’s exhibit sticker, it was in the same condition as it was when he received it back from James O’Con-nor.

On July 31, Ainsworth again was in the Glory Days Bar and Grill and purchased one-half gram of cocaine from the defendant for $50. He put the packet on his person and went to his car, where he put it in a white business envelope, sealed it, took it home, put it in the file cabinet and locked it. The cabinet remained locked at all times, and no one else had access to the cabinet. There were no other drugs in the cabinet. The delivery occurred in McHenry County, Illinois. Ainsworth identified People’s exhibit No. 2 at trial as the packet he purchased on July 31. It had a little mark in the right-hand corner on one side which read “Vz.” The packet was different than when he turned it over to Detective Pandre the next day, August 1, in that it had clear red evidence tape and writing on it. On cross-examination, Ainsworth stated he did not inspect the packet, but sealed it in an envelope and put it in his own file cabinet. He turned over the white envelope to Detective Pandre 22 hours later.

Detective Pandre testified he received People’s exhibit No.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.E.2d 1049, 177 Ill. App. 3d 18, 126 Ill. Dec. 422, 1988 Ill. App. LEXIS 1672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hominick-illappct-1988.