People v. Johnson

564 N.E.2d 1310, 206 Ill. App. 3d 875, 151 Ill. Dec. 648, 1990 Ill. App. LEXIS 1794
Appellate Court of Illinois·Decided November 30, 1990·No. 1-88-1969·Published·Cited by 11 cases

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Following a bench trial, defendant Marvin Johnson was convicted of the murder of Marvetta Arrington, his 17-month-old daughter, and was sentenced to 30 years’ imprisonment.

We affirm.

We summarize, below, the relevant testimony presented ¿t trial.

Lavetta Arrington, Marvetta’s mother, testified that on the evening of November 26, 1985, after engaging in an argument with the defendant, her boyfriend, at her apartment, she left him alone with seven children, including Marvetta, and spent the night at her mother’s house. The next morning, she telephoned defendant at her apartment and told him she was going to pick up the children. Shortly thereafter, one of the children telephoned Arrington back. Arrington asked to speak to the defendant and, at that time, he advised her that Marvetta would not wake up. Arrington testified she told the defendant to call an ambulance and left for her apartment.

Arrington stated that when she dressed Marvetta on the morning of November 26, 1985, she did not notice any injuries on her body except for a “busted lip” which Marvetta sustained in a fall two days earlier at Arrington’s mother’s house.

Chicago police officer Alfonso Ware testified he was assigned to meet an ambulance at Arrington’s apartment on the morning of November 27, 1985, and was the first officer on the scene. Upon arriving, Ware stated he saw Marvetta lying on a bed in a bedroom. The bed was approximately two feet off of the floor. Ware stated paramedics in the bedroom were putting away their equipment. Ware described Marvetta’s neck and limbs as cold and stiff to the touch. She was not breathing. He also noticed bruise marks on her face and neck and dried blood on her mouth.

Ware stated he left the bedroom and spoke to defendant in the living room. Ware testified defendant told him that early in the morning Marvetta had started crying. Edward, one of the other children, had told defendant that Marvetta had rolled off of the bed. Defendant had instructed Edward to put Marvetta back on the bed. However, Ware testified, defendant stated he had not checked on Marvetta himself.

Richard Levy, an assistant State’s Attorney, and James Hanrahan, a Chicago police detective, both testified to being present on November 29, 1985, when defendant gave an oral account to police of the events of November 26, 1985. Two recorded versions of that account, both signed by defendant, were admitted into evidence.

One writing consists of Levy’s handwritten summary of defendant’s statement. In it, defendant stated that, on the night of the incident, he was angry because he was left by Arrington to tend to the seven children, alone. Defendant stated that, at about 10 p.m., he sent three of the children, including Marvetta, to bed, but that the children did not go to bed and were misbehaving. Marvetta was crying. Defendant prepared a bottle of milk for Marvetta. Marvetta continued to cry and defendant threw the bottle at her. Defendant described the bottle as being about eight inches tall, holding approximately 8 to 10 ounces of fluid and shaped like a bear.

The bottle struck Marvetta in her midsection and knocked her down. Defendant went to Marvetta, lifted her, standing her up by a wall and a refrigerator. Defendant stated he hit her two or three more times in the stomach with the bottle. Defendant ordered Marvetta back to bed and returned to the living room, eventually falling asleep.

At about 7 a.m. the next morning, Edward advised defendant that Marvetta had fallen out of bed. Defendant instructed Edward to pick Marvetta up and put her back into the bed. Approximately three hours later, another of the children notified defendant that Marvetta would not wake up and telephoned Arrington.

The second writing is in the form of a court reporter’s transcription of a subsequent interview of defendant by Levy on November 29, 1985. Defendant’s account of the sequence of events in the interview is substantially identical to that contained in Levy’s handwritten summary.

Doctor Shaku Teas, an assistant medical examiner for Cook County, was qualified as an expert in forensic pathology upon the parties’ stipulation and testified regarding an autopsy she performed on Marvetta. Teas testified that her internal examination of Marvetta revealed blood mixed with other fluids in the abdominal cavity and blood in the right chest cavity. Teas discovered a tear in the mesentery, the abdominal connective tissue. The duodenum, that portion of the stomach leading to the intestines, was completely separated. Marvetta’s liver was lacerated, showing hemorrhage. There were contusions or bruises on the right lung and hemorrhage underlying the inner tissue of the lung.

Based on her examination, Teas concluded Marvetta’s death was attributable to peritonitis resulting from multiple injuries to the mesentery, duodenum, and liver. Teas stated that Marvetta’s injuries would be consistent with injuries caused to a child being punched in the stomach with a baby’s bottle filled with liquid. Further, Marvetta’s injuries were caused by more than one blow and would not be consistent with a fall from a bed. In Teas’ opinion, the internal injuries were recent, being sustained within a 24-hour period preceding death, and could not have been caused by the work of paramedics attempting to revive Marvetta.

Opinion

Defendant first contends on appeal that the trial judge improperly limited defendant’s counsel’s cross-examination of Teas in violation of defendant’s rights under the sixth and fourteenth amendments to the Constitution. Specifically, defendant argues the trial judge precluded an attempt by counsel to impeach Teas’ testimony citing a textbook, apparently supporting, contrary to Teas’ opinion, the contention that an 18-month-old child could sustain a lacerated liver and duodenum in a fall from a crib.

The record discloses that although Teas stated she was familiar with the particular textbook, Pathology of Homicides by Lester Adelson, and used it for reference, Teas could not say the book was one of the most commonly used sources on forensic pathology or whether it was authoritative. The trial judge sustained the State’s objection to defendant’s counsel’s use of the textbook. The judge reasoned Teas’ acknowledgment that she was aware of and had used the textbook in the past was of no consequence because Teas indicated she had not relied on the textbook in making her diagnosis in the case at hand.

In an offer of proof outside of Teas’ presence, defendant’s counsel indicated he intended to impeach Teas by revealing Teas was unaware of any documented case in which an 18-month-old child died after falling from a crib as a result of peritonitis caused from lacerations of the duodenum and liver and a tear of the adrenal gland.

We do not agree with the reason given for precluding defendant’s counsel’s cross-examination of Teas with reference to the mentioned textbook. In Darling v. Charleston Community Memorial Hospital (1965), 33 Ill. 2d 326, 211 N.E.2d 253

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People v. Johnson, 564 N.E.2d 1310, 206 Ill. App. 3d 875, 151 Ill. Dec. 648, 1990 Ill. App. LEXIS 1794 (Ill. Ct. App. 1990).

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