People v. Jones

608 N.E.2d 22, 240 Ill. App. 3d 1055, 180 Ill. Dec. 900
CourtAppellate Court of Illinois
DecidedJanuary 22, 1993
Docket1-91-0244
StatusPublished
Cited by5 cases

This text of 608 N.E.2d 22 (People v. Jones) 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. Jones, 608 N.E.2d 22, 240 Ill. App. 3d 1055, 180 Ill. Dec. 900 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, Jerry Jones, was convicted of aggravated battery involving great bodily harm (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(a)) and was sentenced to a term of two years. Defendant was found not guilty of aggravated battery to a corrections officer (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(b)(6)). On appeal, defendant contends that the trial court violated his right of confrontation by restricting his cross-examination of the State’s complaining witness; that the State improperly impeached defendant based on his post-arrest silence; and that remarks made by the prosecutor during opening statement and closing argument were so prejudicial as to deprive defendant of a fair trial.

The facts are as follows. On March 11, 1989, defendant was in custody at Cook County jail awaiting trial for unrelated charges and was assigned to division 4, unit Nl. The sole supervisor of unit Nl on that day was Officer Jeffrey Caliendo.

Caliendo testified that at approximately 2:30 p.m. he observed defendant and another inmate arguing near a picnic table on the first level of unit Nl, and it appeared as though a fight was imminent. Consequently, Caliendo telephoned Lieutenant Michael Dembrosz and requested permission to lock down the inmates early due to the possibility of violence. The unit housed 60 inmates and was overcrowded, with many inmates having to sleep on mats on the floor. Because of the overcrowding, tension among the inmates was high.

Within a minute or so of the telephone conversation with Caliendo, Dembrosz arrived at the unit to back up Caliendo during lock up. Caliendo instructed the inmates who had assigned cells to go to them, and he locked up the lower level cells. He then proceeded up to the top level, where he noticed defendant arguing outside his cell with the same inmate, with fists clenched positioned to fight. Caliendo ordered them to go to their cells, and the other inmate complied. Defendant moved toward his cell, but then stopped in front of his cell door. Defendant told Caliendo that if Caliendo wanted him in his cell, he would have to put him there. Caliendo repeated his request for defendant to get into his cell.

At this point, defendant turned as if he were going to enter his cell, but then turned back and struck Caliendo in the left eye with his right fist. In an attempt to subdue defendant, Caliendo took defendant by the arms and pulled him to the floor to handcuff him. Defendant escaped Caliendo’s grasp and both men stood up. Defendant struck Caliendo again, this time punching him in the right eye. Caliendo fell to his knees and noticed he was bleeding from his right eye. He felt at least three more blows to the back of his head, but did not see who was hitting him. Caliendo grabbed a bedsheet to stop the bleeding and saw defendant walk by him. On direct examination, he stated that five or six inmates were standing about five or six feet from where the incident occurred. On cross-examination, he testified that no inmates were standing in close proximity, though two or three other inmates were lying nearby during the incident.

Dembrosz testified that he was in the control room while Caliendo was locking up the inmates. He had a direct line of sight from the control room to the upper level of the cell block. He observed defendant and Caliendo apparently conversing outside defendant’s cell, and then saw defendant punch Caliendo in the face. Dembrosz immediately telephoned for assistance. He observed Caliendo attempt to handcuff defendant, at which time defendant broke away and punched Caliendo in the face a second time. Dembrosz was unable to assist Caliendo because he had to remain in the control room to let the assisting officers into the unit upon their arrival. Five or six officers arrived momentarily, and after Caliendo pointed to defendant, they handcuffed defendant and removed him from the unit.

Caliendo was taken to the divisional paramedic for initial medical treatment and was then sent to Cermak Hospital, where he received stitches on his upper and lower eyelids. Later, he went to West Suburban Hospital for X rays. Caliendo subsequently underwent two separate surgeries to his right eye.

On cross-examination, Caliendo stated that he had filed a claim for workers’ compensation benefits as a result of the incident. Caliendo was then questioned about receiving money from the claim and about whether he had filed civil lawsuits against the county and defendant because of his injuries. The trial court sustained the State’s objections to these questions.

Defendant was also taken to the divisional paramedic. Dembrosz stated this was done pursuant to policy because there had been a physical confrontation between an inmate and correctional officer. Dembrosz noticed no injuries to defendant, nor did he see any officers or inmates hit defendant.

Defendant testified that on the day in question he was playing chess at one of the picnic tables in unit Nl, when he was confronted by a fellow inmate who said he was not supposed to be playing a chess game because he wasn’t a “Folk,” meaning a “Disciples” gang member. Defendant told the inmate to “go to hell,” and this response caused a crowd of inmates to gather around the table. Defendant stood and walked up the stairs to his cell, followed by a group of inmates led by the inmate whom Caliendo had previously observed arguing with defendant. This inmate told defendant he was going to “kick his ass.” He swung at defendant, then kicked him, causing “a whole bunch of fighting” among the inmates. Defendant was kicked and punched by a group of gang members, and was then grabbed from behind in a “full Nelson,” thrown to the floor, where he was kicked and stomped, and was eventually handcuffed. He further stated that he was jumped on and beaten some more by the assisting officers who had arrived at the unit, then dragged to the bathroom where he was beaten again. He did not see Caliendo during the incident, but saw him later in the dispensary where Caliendo identified defendant as the inmate who had punched him. Defendant stated that he requested but was refused medical treatment for his injuries.

In rebuttal, the State called Sergeant McClendon, who conducted a disciplinary hearing three days after the incident. At that hearing, McClendon interviewed defendant to obtain his version of the events surrounding the incident. McClendon testified that during the interview, defendant, in describing the incident, stated, “Not guilty. I was on the top deck talking when the officer came and grabbed me from behind then struck me and I struck him back.”

McClendon gave the following answers in response to the State’s questions regarding the interview with defendant, without objection by defense counsel:

“MS. DEMACOPOULOS [Assistant State’s Attorney]: At anytime did he [defendant] tell you that any correctional officers repeatedly beat him in the day room?
McCLENDON: No.
MS. DEMACOPOULOS: At anytime did he tell you that any correctional officers repeatedly beat him inside the bathroom?
McCLENDON: No.

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Bluebook (online)
608 N.E.2d 22, 240 Ill. App. 3d 1055, 180 Ill. Dec. 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-illappct-1993.