People v. Jackson

599 N.E.2d 1305, 234 Ill. App. 3d 81, 175 Ill. Dec. 291, 1992 Ill. App. LEXIS 1377
Appellate Court of Illinois·Decided August 28, 1992·No. No. 1—89—1142·Published·Cited by 2 cases

Opinion

JUSTICE McNAMARA

delivered the opinion of the court: Following a jury trial, defendant, Michael Jackson, was found guilty of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2(a)) and felony murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — l(a)(3)). The trial judge imposed a term of natural life imprisonment for murder and a concurrent natural life term for armed robbery. The deceased, owner of a liquor store, was shot to death on the store premises following an armed robbery in which store employee, Rudolfo Ramirez, was also a victim. (The convictions and sentences of codefendants Samuel Lee and L.C. Jackson have been affirmed for their participation in this offense, Lee in a Rule 23 order (People v. Lee (1st Dist. 1991), No. 88— 2801), and L.C. Jackson also in a Rule 23 order (People v. Jackson (1st Dist. 1992), No. 89 — 0773). This court reversed and remanded the conviction of Michael Green in accordance with Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712. People v. Green (1992), 228 Ill. App. 3d 849.)

On appeal, defendant contends that the trial court erred in denying his motion to suppress unreliable identification testimony and allowing the jury to consider irrelevant physical evidence and testimony, and that he was not proved guilty beyond a reasonable doubt.

Defendant filed a motion to suppress identification evidence offered by Ramirez due to the alleged suggestive nature of the identification procedure. At the hearing, Detective John Leonard of the Chicago police department testified that on February 27, 1987, he was assigned to investigate the homicide of the deceased which had occurred on February 5, 1987. Leonard asked Ramirez to come to the police station. Upon his arrival, Leonard and his partner, Jillian McLaughlin, told Ramirez that they had some photographs for him to look at to see if he could recognize anyone. Leonard then placed eight black and white photographs on the desk. Leonard did not inform Ramirez that any of the alleged suspects were among the eight photographs placed before him. Approximately one minute later, Ramirez picked out two photographs of the men who had entered the store, which later were identified as codefendant Green and defendant.

The photograph of defendant that Leonard displayed had the Illinois Department of Corrections sign below the face of defendant, while the other seven photographs had the Chicago police department sign. Leonard was unaware that he had a Chicago police department photograph of defendant in his possession; however, that picture of defendant was taken in 1977. Leonard recognized that the Chicago police department photographs were a different size than the other photograph, so he trimmed and punched holes on the top of the photograph so that all the pictures would be similar. Neither Leonard nor his partner made any suggestion as to which picture Ramirez should identify.

Ramirez testified at the hearing that the police telephoned him and asked him to come to the station to make an identification of the man who had murdered his partner. The detectives presented 8 to 10 black and white pictures, none of which he had ever previously seen. Ramirez immediately pointed out two photographs and memorized the individuals’ appearance. There was nothing about the way the pictures were cut or the holes punched into them, or anything written on them which affected his identification.

The trial judge found no evidence indicating that the photo identification of defendant was suggestive and denied the motion to suppress.

Defendant attempted to introduce into evidence an affidavit of his brother, L.C. Jackson. In that affidavit, L.C. Jackson stated that defendant was not with him when he participated in the armed robbery, nor did he have any knowledge of that crime. The trial judge refused to admit this evidence and also denied defendant’s motion to exclude testimony concerning a gun and radio seen in the possession of L.C. Jackson.

The following testimony was adduced at trial. The deceased’s wife, Caridad Hernandez, testified that she last saw the deceased when she arrived home from work at 4:30 p.m. on the day of the murder. The deceased then left to go to work at the liquor store. Later that evening, she was informed that something had happened at the liquor store. Hernandez identified her husband’s body at the morgue that evening. Hernandez identified a radio marked with white paint stains and missing knobs as the one her husband kept in the store.

On the evening of the murder, Ramirez, Julio Sandoval and the deceased were working at the liquor store. Ramirez testified through an interpreter that at 8 p.m., four or five customers were present in the store. The last customer who exited the store walked out slowly looking toward the surveillance camera above the door. Sandoval left the store to make a customer delivery, and Ramirez went into the storage room located in the rear of the store.

The deceased activated the buzzer used to notify other employees that a customer had entered the store. Ramirez saw two men, later identified as codefendant Green and defendant, looking at a bottle on the shelf. The men removed a bottle from the shelf and approached the deceased at the cash register. The deceased informed Ramirez that the two men did not have enough money to pay for the bottle. Ramirez retrieved the bottle from the deceased and returned it to the shelf. The two men then decided to make another purchase. Ramirez stood approximately two feet away from defendant and Green. Ramirez made a positive in-court identification of defendant as one of the two men.

Suddenly Ramirez heard one of the men announce that it was a holdup. Defendant threatened to kill Ramirez if he moved. Ramirez heard shots ring out, and the deceased was fatally shot in the neck with a .38 caliber gun.

Ramirez dropped to the floor. Although he had a gun, he was unable to get it out of his pocket to defend himself. Defendant then ordered Ramirez to open the cash register. As he did so Ramirez saw the man wearing a dark hat behind the counter holding a gun with a small barrel. Defendant held a gun that appeared to be a .357 magnum. After opening the register, Ramirez hit the floor again and heard a voice say, “If he looks up, kill him.” After the men left the store, Ramirez noticed that the television set and radio kept in the store were missing.

Two weeks after the murder, Ramirez identified defendant from a photographic array as the man who held a gun to his head, and later identified Green as the man who wore the dark hat. Ramirez also identified the gun that defendant held to his head.

On cross-examination, Ramirez testified that he recalled speaking with two detectives at the store following the attack, but he did not remember telling them that three black males burst into the store and immediately shot the deceased. Ramirez did not see who shot the deceased, but he saw defendant “very well.” According to Ramirez, only one to three minutes elapsed from the time the man who bought the beer left the store until defendant and Green entered.

Patricia Grissom testified for the State that on February 8, 1987, she spoke with the police about the 1974 Oldsmobile she had borrowed from her brother. On the evening of February 5 she allowed Lawrence Brantley, Green, L.C.

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People v. Jackson, 599 N.E.2d 1305, 234 Ill. App. 3d 81, 175 Ill. Dec. 291, 1992 Ill. App. LEXIS 1377 (Ill. Ct. App. 1992).

599 N.E.2d 1305 (People v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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