People v. Johnson

575 N.E.2d 1247, 215 Ill. App. 3d 713, 159 Ill. Dec. 187, 1991 Ill. App. LEXIS 691
Appellate Court of Illinois·Decided May 2, 1991·No. 1-89-1898·Published·Cited by 53 cases

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial, defendant, Daniel W. Johnson, was found guilty of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1). Defendant was sentenced to a term of 80 years’ incarceration in the Illinois Department of Corrections.

The following issues are before this court for review: (1) whether the trial court abused its discretion by denying defendant’s challenges of four jurors for cause; (2) whether the trial court abused its discretion by refusing to charge the jury with defendant’s proposed jury instructions; (3) whether the trial court abused its discretion by denying defendant’s pretrial motions in limine; (4) whether the cumulative effect of the trial court’s errors deprived defendant of a fair trial.

We reverse and remand.

Background

On Sunday, November 21, 1987, defendant was arrested for the stabbing and subsequent death of Charles “Chuck” Meyer. Defendant was charged with two counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1), and one count each of armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 1) and concealment of a homicidal death (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 3.1). The People tried defendant for one count of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1). All of the other charges were nol-prossed.

Prior to the trial, the trial court conducted voir dire of several veniremen. One of the veniremen was Mr. Michael Milkovich. Mr. Milkovich told the court that his family had been victims of a robbery committed by his cousin, and that his sister was involved in an armed robbery. When asked by the trial court whether those incidents would affect his ability to be an impartial juror, Mr. Milkovich answered, “I hope not.” Mr. Milkovich added, “You[ ] know, *** my sister was involved in armed robbery, in robbery, [and] drugs in Hammond.” Defendant challenged Mr. Milkovich for cause, but the trial court rejected the challenge.

The trial court also questioned Mr. Richard Welch. Mr. Welch testified that he and his close friends and relatives had all been the victims of violent crimes. Mr. Welch also stated that he had been robbed at knife point, that his mother had been struck by a hit-and-run driver, that his friends had been burglarized, and that one of his friends had been beaten by an assailant. The trial court asked Mr. Welch if the crimes inflicted upon him, his family, and his friends would affect his ability to be a fair and impartial juror. Mr. Welch responded, “Not really.” Defendant challenged Mr. Welch for cause on the grounds that his friends and members of his family had been the victims of violent crimes. The trial court denied defendant’s challenge.

Another venireman, Mr. Raymond Swope, testified during voir dire that he had been robbed, that his car had been stolen, and that both his wife and his mother had been raped. Mr. Swope further testified that while he was working in a mental institution, one of his patients confessed to him that he had murdered an elderly woman. When the trial court asked Mr. Swope whether those incidents would affect his ability to be a fair and impartial juror, Mr. Swope hesitated and replied, “I don’t think so.” Defendant responded by challenging Mr. Swope for cause. Defendant argued that Mr. Swope’s hesitancy in stating that he could be impartial rendered his ability to be fair and impartial suspect. The trial court denied defendant’s challenge.

Defendant also challenged Ms. Katherine Dollear for cause. Ms. Dollear was a probation officer who worked in the same building where defendant was being tried. Defendant challenged Ms. Dollear for cause on the basis that her intimacy with the criminal justice system, and, more specifically, that the administration of criminal justice in the criminal court facility rendered her less able to be an impartial juror. The trial court denied defendant’s challenge of Ms. Dollear. The trial judge reasoned: “There’s nothing I know of that would disqualify her for cause.” Defendant exercised his final peremptory challenge against Ms. Dollear.

Prior to the trial, defendant also filed two motions in limine. Defendant filed a motion in limine seeking to preclude the People from eliciting testimony concerning a small specimen of semen obtained from the victim’s mouth during the coroner’s examination of the victim’s body. Defendant made this motion on the grounds that the People could not produce any evidence, scientific or otherwise, linking the trace of semen to defendant, and that any testimony concerning the specimen was irrelevant with respect to the issue of whether defendant was guilty of murder. Defendant argued in the alternative that even if the evidence was relevant, its probative value was outweighed by its potential to unfairly prejudice defendant. The People argued that such circumstantial evidence was relevant to defendant’s identity and motive, and that such information would be relevant if the act was committed by a homosexual. The trial court denied defendant’s motion and later admitted the evidence over defendant’s objection.

Defendant also filed a motion in limine seeking to preclude the People from offering the testimony of a juvenile named James McNamara. The State informed the court that it intended to call James McNamara to testify that defendant had once confessed a desire to “torture” and “kill” someone, and that defendant told him that defendant and the victim were bisexuals. Defendant maintained that James McNamara’s testimony would be irrelevant and that it constituted inadmissible character evidence. Defendant also argued that evidence of his alleged bisexuality was immaterial and highly inflammatory. The trial court denied defendant’s motion and later allowed James McNamara to testify with respect to these subjects. The court found that such statements made two days before the decedent was found were relevant.

Several witnesses testified for the People, including James McNamara, Ms. Sandra Hernandez, Mr. Alan Johnson, Ms. Debbie Johnson, Officer Michael Alexander, Officer William Barron, Mr. Emory Cox, Dr. Barry Lifschultz, Mr. Mark Baldwin, Mr. James Houlihan, and Mr. Rodney Anderson. When James McNamara testified at trial, he stated that he observed defendant and the victim together in September of 1987. James testified that on the night of October 31, 1987, defendant told him that “he could put boiling water on somebody’s stomach[,]” and that defendant and the victim were bisexuals.

Ms. Sandra Hernandez testified that she often rode in defendant’s car, and that while riding in his car, she observed a dark pink blanket. She also stated that every time she saw defendant, he was carrying two or more knives.

Ms. Hernandez also testified that she, the victim, who was her boyfriend, and defendant went to Jacksonville, Florida, in November of 1987. Their trip lasted from November 13 through November 17, 1987. Ms. Hernandez testified that during the trip, defendant and the victim were often together, and it appeared that defendant and the victim wanted time together without her. She also testified that defendant made sexual advances toward her in front of the victim, whereupon the two men had an argument and began to wrestle with each other.

Later, Mr. Alan Johnson testified for the People. Mr.

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People v. Johnson, 575 N.E.2d 1247, 215 Ill. App. 3d 713, 159 Ill. Dec. 187, 1991 Ill. App. LEXIS 691 (Ill. Ct. App. 1991).

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