People v. Jointer

535 N.E.2d 1039, 180 Ill. App. 3d 364, 129 Ill. Dec. 274, 1989 Ill. App. LEXIS 244
CourtAppellate Court of Illinois
DecidedMarch 3, 1989
DocketNos. 1—87—2084, 1— 87—2283 cons.
StatusPublished
Cited by4 cases

This text of 535 N.E.2d 1039 (People v. Jointer) 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. Jointer, 535 N.E.2d 1039, 180 Ill. App. 3d 364, 129 Ill. Dec. 274, 1989 Ill. App. LEXIS 244 (Ill. Ct. App. 1989).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Following a bench trial, defendant was convicted of burglary (111. Rev. Stat. 1985, ch. 38, par. 19 — 1) of a Conrail Corporation (Conrail) railroad freight car and was sentenced to four years’ imprisonment. On appeal, defendant raises the following points in favor of reversal: evidence produced at trial was insufficient to prove beyond a reasonable doubt that defendant was accountable for the burglary of the railroad car; the trial court improperly denied defendant the right to elicit testimony regarding motive for his arrest; the trial court improperly relied on defendant’s past criminal record in determining guilt; and defendant’s right to a fair trial was denied because the court “acted as an advocate for the State.”

For reasons which follow, we affirm. We summarize below evidence pertinent to our disposition.

Prior to presentation of witnesses, the parties stipulated that, if Donald Corp, a Conrail security officer, was called to testify, he would state that he did not give defendant permission to either enter any Conrail railroad car on October 11, 1986, or possess any of the boxes of merchandise inside any railroad car under the custody or control of Conrail on that date. Corp would further testify that, after being notified by police, he went to the Chicago police station at 22nd and Damen Streets and identified, for Officer Linda Kennedy and another officer, 13 boxes and their contents as coming from a Conrail railroad car.

The record indicates that when the assistant State’s Attorney began to enumerate specific contents, the trial judge interjected that Corp would testify with regard to “the document listed in the [State’s] answer to discovery.” Defendant’s counsel so stipulated.

We note here that the State’s “Answer to Discovery” refers specifically to documents regarding evidence inventoried by the Chicago police department in conjunction with the charge against defendant. The inventory receipt related to defendant’s arrest recited, as recovered items, “1 case of Isotoner gloves, 2 cases [of] Aris gloves and socks, 2 cases [of] Orrefors crystal, 2 cases [of] Lancome purses, 4 cases [of] Lancome nylon briefs, and 1 case [of] Parisian table clothes.”

Chicago police officer Linda Kennedy, the State’s only witness, testified that, at approximately 1:41 p.m. on October 11, 1986, while she was on routine patrol in a squad car, she was notified by radio of a burglary in progress at Cermak Road and Christiana Street, approximately one block away from her then present location. Kennedy testified that, as she proceeded southbound on Christiana Street toward the railroad cars, she observed several people on the railroad tracks located on an embankment above street level. There were two individuals in an opened railroad car and as many as six individuals nearby. While still in the squad car, she observed an individual she identified as defendant reach into a railroad car and receive, from someone inside, a cardboard box. The record indicates she demonstrated for the court the manner in which defendant reached inside the railroad car to receive the cardboard box. She testified that her view of defendant was unobstructed and that she observed defendant from approximately 30 feet away. Kennedy testified that after receiving the cardboard box, defendant turned and came down the embankment. When he came through a hole in the fence at the bottom of the embankment, she placed him under arrest. Another officer aided Kennedy.

Kennedy further testified that she observed several cardboard boxes strewn about the tracks. Approximately 13 boxes were recovered and were taken to the police station. The box taken from defendant was put into the back of her squad car and was also taken to the police station. Kennedy stated she was present when Corp later identified the boxes.

The following exchange took place regarding the cardboard box defendant had in his possession when arrested:

“Q. [Assistant State’s Attorney]: The box that you had recovered from [defendant], was that box open?
A. [Kennedy]: Yes, sir.
Q. [Assistant State’s Attorney]: What if anything was found inside that box?
[Defendant’s Counsel]: We will stipulate to what was found.
THE COURT: The same stipulation that those items—
[Assistant State’s Attorney]: Were taken from the Conrail boxcar as stipulated to by the Conrail officer as belonging to that particular boxcar.
[Defendant’s Counsel]: Yes, judge.”

On cross-examination, Kennedy admitted that, as she proceeded to the scene, she focused her attention on individuals running from the railroad car. She also stated that she was accelerating in order to quickly arrive at the scene. She admitted that she did not question defendant after placing him under arrest nor did she recall what defendant was wearing at the time of arrest. Kennedy stated, however, that defendant was “very dirty” and did not appear to be on his way to work. No other individuals were arrested because they escaped.

On redirect examination, Kennedy testified that she never lost sight of defendant from the time he left the location of the railroad car to the time he went to the hole in the fence.

Jackie Berry, the manager of a Kentucky Fried Chicken restaurant where defendant was employed, testified for the defense. Berry testified that on October 11, 1986, defendant was scheduled to begin work at 3 p.m. but was telephoned to come in earlier, at 1 p.m. Defendant did not show up for work.

Defendant testified on his own behalf. Defendant testified that in 1975 and in 1978 or 1979 he was convicted of burglaries, serving prison sentences for the convictions. In connection with the second conviction, defendant also worked on work release and was paroled. He had no problems and was released for parole early. Soon after being released from prison, he found employment. In 1985 he began working at the Kentucky Fried Chicken restaurant.

Defendant stated that, on the day in question, from approximately 12 to 12:15 p.m., he was sitting on the porch at his girlfriend’s house at 2126 South Christiana Street, three houses north of the railroad tracks. Defendant stated that while he was sitting on the porch, he observed individuals on Christiana Street with boxes. That activity continued for about 20 minutes before the police arrived. He stated he left his girlfriend’s house at 12:20 p.m. and began walking down Christiana Street on his way to work a few blocks away. His girlfriend’s daughter was with him. He was wearing a Kentucky Fried Chicken uniform. He observed approximately 15 “kids running around breaking into freights.” Defendant stated that such a scene was common. He did not stop walking. Defendant testified the police arrived and he was arrested. The time was approximately 12:45 p.m.

On cross-examination, defendant admitted that in 1978 he was involved in not one, but two burglaries.

The 10-year-old daughter of defendant’s girlfriend also testified.

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Bluebook (online)
535 N.E.2d 1039, 180 Ill. App. 3d 364, 129 Ill. Dec. 274, 1989 Ill. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jointer-illappct-1989.