People v. Howell

831 N.E.2d 681, 358 Ill. App. 3d 512, 294 Ill. Dec. 731, 2005 Ill. App. LEXIS 596
Appellate Court of Illinois·Decided June 14, 2005·No. 3-02-0643·Published·Cited by 50 cases

Opinion

JUSTICE HOLDRIDGE

delivered the opinion of the court:

A jury found the defendant, Christopher Howell, guilty of (1) home invasion (720 ILCS 5/12 — 11(a)(2) (West 2000)) and (2) witness harassment (720 ILCS 5/32 — 4a(a)(2) (West 2000)). He was sentenced to concurrent prison terms of 15 and 30 years for these offenses, respectively, to be served consecutively with his sentence in another case.

During the pendency of this appeal, the United States Supreme Court issued its opinion in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), which concerns one of the issues in this case. Consequently, we ordered the parties to submit supplemental briefs concerning the effect of Crawford on this case.

On appeal, the defendant argues that the trial court erred by admitting (1) testimony that a witness recognized the defendant’s voice without the State supplying a sufficient foundation; and (2) the hearsay grand jury testimony of a State witness in violation of his sixth amendment right of confrontation under Crawford. The defendant also contends that the prosecutor’s closing and rebuttal remarks were prejudicial (1) by vouching for the veracity of a witness; (2) by implying that the defendant had committed other crimes; (3) by defining the term “reasonable doubt”; and (4) cumulatively. Additionally, the defendant submits that the State failed to prove the elements of the crimes beyond a reasonable doubt. We affirm.

BACKGROUND

In its indictment, the State alleged that the defendant committed home invasion and witness harassment in Peoria on September 12, 2001. The victim in both crimes was alleged to be the defendant’s former wife, Delilah Russell. She was scheduled to testify in a previous case in which the defendant was charged with her battery by breaking her jaw. In the present case, the State charged the defendant with invading Russell’s home and harassing her as a witness in the battery case.

At the trial for this case, the State called Russell as a witness, but she refused to testify. Outside the presence of the jury, the prosecutor presented an offer of proof concerning Russell’s refusal to testify. Russell stated that she did not recall the events of September 12. The court then found that Russell was an unavailable witness.

The prosecutor resumed questioning Russell in the presence of the jury. Russell again refused to testify about the events of September 12. The court then allowed the State to offer redacted versions of Russell’s hearsay testimony (1) before the grand jury in this case; and (2) in a hearing to revoke the defendant’s bail in the battery case. In response to questions from the prosecutor about this prior testimony, Russell stated that she recalled testifying on those occasions, that she had testified under oath, and that she had testified truthfully. The court overruled the defendant’s objection that Russell’s grand jury testimony was inadmissible hearsay because it was not subject to cross-examination.

The prosecutor then read Russell’s grand jury testimony to the jury. Russell had testified that she had an order of protection against the defendant at the time of the incident. Russell lived in a duplex apartment. At about 10 a.m. on the date in question, she went out her front door to take something to her car. As she returned, the defendant came from behind the apartment building and asked if he could talk with her. She ignored him and went back through the front door. She initially submitted that when she attempted to close the door, the defendant forced it open. Later, Russell said that the defendant did not force the door open but, rather, entered the apartment without her permission. Russell stated, “he was at the door before I was even at the door.” She told him that she did not want him in the apartment.

The defendant told Russell that the police had confiscated his car because it contained blood evidence concerning the battery case. Russell said that “he called me a police bitch and said that if I testify against him that my testimony will be nothing because I do have a felony on my record.”

Russell repeatedly told the defendant to leave the apartment. The defendant then picked up Russell’s phone. When Russell attempted to take the phone from him, the defendant punched her on the chin. An altercation ensued in which the phone landed on the floor. Russell picked up the phone to call the police. The defendant grabbed her arm and bit her hand, causing her to drop the phone. The defendant then took the phone, which Russell described as a “flip phone,” and “snapped it in half.”

The defendant paced the floor “as if he wasn’t going to let [Russell] leave.” Russell said that she would have left the apartment, but felt that she could not leave her son alone with the defendant. Russell heard her neighbor, Amy Hennigh, make a “thumping noise” on the wall as a prearranged signal “to let [Russell] know that she’s there and she hears it.” Then the defendant left the apartment.

Next, the State introduced Russell’s testimony from the hearing to revoke the defendant’s bail in the battery case. This testimony was substantially similar to her grand jury testimony, but with the following differences:

(1) concerning how the defendant got into the residence, Russell said, “I entered into the apartment and he came in right behind me, because he was already at the door”; (2) regarding the defendant striking her, she stated, “when I reached for the phone to snatch it out of his hand, he punched me in my chin and said that I had attempted to hit him”; (3) Russell testified that, “[h]e told me I was a police bitch and that my credibility wasn’t anything and that he could beat the case with a lawyer, [and] he could beat the case of breaking my jaw”; and (4) during her bail hearing testimony, Russell did not mention that the defendant broke her phone or that he prevented her from leaving the apartment.

Next, Hennigh testified that she was Russell’s neighbor at the time of the incident. She said that she had seen the defendant on various occasions before the incident in question. At the time of the incident, Hennigh heard “yelling and screaming” coming from Russell’s apartment. Then, “it sounded like things were being pushed. It started to sound physical.” Hennigh recognized the defendant’s voice, but could not specifically hear what he was saying. The defendant did not object to Hennigh’s statement that she recognized the defendant’s voice. Hennigh said that she pounded on the wall in an attempt to intervene in the argument, as she and Russell had previously arranged.

Hennigh stated that after a few minutes, she saw Russell, the defendant, and some other people in the apartment’s yard. However, she had not seen Russell and the defendant go from the apartment to the yard. Hennigh then saw everyone leave the yard.

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People v. Howell, 831 N.E.2d 681, 358 Ill. App. 3d 512, 294 Ill. Dec. 731, 2005 Ill. App. LEXIS 596 (Ill. Ct. App. 2005).

831 N.E.2d 681 (People v. Howell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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