People v. Jaffe

493 N.E.2d 600, 145 Ill. App. 3d 840, 97 Ill. Dec. 793, 1986 Ill. App. LEXIS 1704
CourtAppellate Court of Illinois
DecidedJune 11, 1986
Docket83-1129
StatusPublished
Cited by35 cases

This text of 493 N.E.2d 600 (People v. Jaffe) 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. Jaffe, 493 N.E.2d 600, 145 Ill. App. 3d 840, 97 Ill. Dec. 793, 1986 Ill. App. LEXIS 1704 (Ill. Ct. App. 1986).

Opinions

JUSTICE LINDBERG

delivered the opinion of the court:

After a jury trial, defendant Sheldon Jaffe was convicted of the murder of Patricia Dean (Pat) and the attempted murder of Ghazi Dean (Ghazi). On appeal, defendant asserts he was not proven guilty of murder and attempted murder beyond a reasonable doubt, he was deprived of his constitutional right to the effective assistance of counsel, the trial court improperly instructed the jury on a witness’ mental history, the trial court improperly restricted the cross-examination of Ghazi, defendant’s sentence was not entered in compliance with the requirements of the habitual criminal act, and the judgment order incorrectly states defendant was convicted of two counts of murder. For the reasons expressed in this opinion, we affirm defendant’s murder conviction but reverse his attempted murder conviction and remand for a new trial.

Defendant was charged with the murder of Pat and the attempted murder of her husband Ghazi. At trial, Lake County Deputy Sheriff William Bobrowski testified he was dispatched by radio on June 30, 1983, at 12:30 a.m. to a residence with the address of 310 Park Avenue, Wildwood. A reddish-orange Chevy Nova was parked in the driveway. Ghazi met Bobrowski at the front door and told Bobrowski to hurry into the bedroom because Pat was bleeding to death. There, Bobrowski observed a profuse bleeding wound in the victim’s head. Pat was taken to the hospital, where she died later of the gunshot wound.

After returning to the living room, Bobrowski noticed on the floor a black-powder-type revolver, a folding knife with the blade open, a camouflaged military-style hat, and a blood stain. Ghazi had some minor scrapes and small lacerations on his hands and arms. Bobrowski observed a bullet hole in the hall closet, a bullet hole in the television set in the living room next to the front door and a bullet hole in the headboard to the bed in the victim’s bedroom. The investigation revealed that bullet continued through the exterior wall of the house and through the neighbor’s fence.

Detective Ray Lamprich testified that although both the knife and the gun found in the Dean living room were dusted for fingerprints, neither provided suitable prints for comparison purposes. Lamprich observed no signs of forced entry into the residence.

The testimony of Ghazi and defendant presented two very different versions of the events surrounding Pat’s death. Ghazi testified that he married Pat in 1979 and lived with Pat and her two daughters first at Pat’s home in Gages Lake, and later in February 1983, the family moved to the Park Avenue residence in Wildwood. Defendant lived with the Deans from 1982 until June 26, 1983. He was asked to move because defendant came home drunk every night.

On the morning on June 29, 1983, defendant came to the Dean residence to inquire about repayment of $200 defendant had loaned to Pat several weeks earlier. Defendant left and returned to the Dean residence between 5 p.m. and 6 p.m. and again demanded the $200. After Ghazi assured defendant that Pat would pay him, defendant left. Later that evening after Pat was asleep, Ghazi took Dilatin, Lithium and Valium prescribed by his doctor, locked the door and went to bed. Ghazi took these drugs to prevent further damage to his brain, which was injured in a truck accident. Ghazi was awakened with Pat saying, “No, Monty. No, no Monty”. Monty was defendant’s nickname. Ghazi heard one shot, and then another and observed defendant holding the barrel of the gun toward him. Leaping up, Ghazi grabbed the gun and another shot was fired. Ghazi and defendant wrestled into the hallway and eventually into the living room. When defendant reached for a knife in a sheath, Ghazi grabbed defendant by the throat, wrestled him to the ground and jumped on top of him. Ghazi beat defendant until defendant was unconscious.

After calling for an ambulance and the police, Ghazi returned to the living room and observed that defendant was gone. While waiting for the police to arrive, Ghazi went into the bathroom, wiped blood from his body with paper towels which he deposited in the bathroom garbage can, vomited, and then got dressed. As part of defendant’s case in chief, Ghazi admitted he and Pat argued frequently and admitted he had on previous occasions struck his wife. He also stated everyone knew Pat was “a bitch” about money.

Defendant testified he first met Pat in 1979 at a work release center where both he and Pat were confined. While living with the Deans at both the Gages Lake and Wildwood residences, defendant witnessed numerous arguments between Pat and Ghazi and heard Pat and Ghazi discussing setting fire to the Gages Lake residence, which ultimately did burn to the ground on February 9, 1983. Defendant admitted he had argued with Pat about the $200 loan, but stated Pat and he had agreed to repayment of the loan on July 5,1983.

Defendant offered testimony on the events surrounding Pat’s murder. After drinking some beer at his mother’s house on June 29, 1983, defendant went to the Dean home, left there about 2:30 p.m. and drove to Gages Lake where he drank beer in his car. Running out of beer, he went to the Firehouse Pub in Gages Lake and did not return home to Skokie until 7 p.m. From Skokie, he called Ghazi and asked if he wanted to meet him at the Firehouse Pub. Ghazi declined, and defendant then received permission from Ghazi to stay at the Dean residence that night. He left Skokie at 10 or 10:15 p.m. and drove to the Firehouse Pub. Once there, he drank beer, played pool with Rich Tokarz, and cashed a check. Because he didn’t feel well, he drove his car one block from the Firehouse Pub and took a nap for 20-30 minutes. At approximately 12 to 12:15 a.m., he then walked back to the Firehouse Pub, leaving his army fatigue hat in his car, and cashed another check at the Firehouse Pub. He walked back to his car and then drove to the Dean residence. Arriving at 12:30 a.m., he knocked on the front door and hearing no response, turned the handle, opened the front door and confronted Ghazi in the living room. Ghazi was naked, was “kind of wild-eyed,” was holding a pistol in his right hand and said to defendant, “Okay, fucker.” Defendant lunged for the gun, and during the ensuing struggle, the gun discharged three times, as a result of either being struck by a bullet or Ghazi, defendant was knocked unconscious. Awakening after several minutes, defendant jumped up off the floor, fled down the street, and spent the rest of the night under an evergreen tree one block from the Dean residence. The next morning, he looked for but did not see his car, so he walked to a Foremost Liquor Store and asked the manager, Les Card, to call a cab for him. He then was driven to Skokie, where he was arrested by Lake County sheriff’s officers.

Numerous other witnesses testified, and their testimony will be recounted as necessary to resolution of the issues presented. At the conclusion of the trial, the jury returned verdicts of guilty on the charges of murder, attempted murder, aggravated battery, armed violence and home invasion. The trial court vacated the aggravated battery, armed violence and home invasion convictions as lesser included offenses and merged the two counts of murder. Defendant was sentenced to two concurrent terms of natural life imprisonment. On December 19, 1983, defendant filed a post-trial motion, the trial court denied that motion, and defendant filed his notice of appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
493 N.E.2d 600, 145 Ill. App. 3d 840, 97 Ill. Dec. 793, 1986 Ill. App. LEXIS 1704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jaffe-illappct-1986.