People v. Kaczmarek

613 N.E.2d 1253, 243 Ill. App. 3d 1067, 184 Ill. Dec. 661, 1993 Ill. App. LEXIS 460
CourtAppellate Court of Illinois
DecidedMarch 31, 1993
Docket1-89-3182
StatusPublished
Cited by13 cases

This text of 613 N.E.2d 1253 (People v. Kaczmarek) 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. Kaczmarek, 613 N.E.2d 1253, 243 Ill. App. 3d 1067, 184 Ill. Dec. 661, 1993 Ill. App. LEXIS 460 (Ill. Ct. App. 1993).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

Following a jury trial, defendant, Henry Kaczmarek, was convicted of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1), residential burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19 — 3), home invasion (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 11), and armed robbery (Ill. Rev. Stat. 1987, ch. 38, pars. 18 — 1, 18 — 2). He was sentenced to natural life in prison for the murder conviction. On appeal, defendant asserts that (1) he was not proven guilty beyond a reasonable doubt because no physical evidence was found in the apartment to link him to the crime; (2) he was not proven guilty of armed robbery beyond a reasonable doubt; (3) he was not proven guilty of home invasion or residential burglary beyond a reasonable doubt; (4) the trial court erred in denying defendant the opportunity to offer evidence that someone other than himself committed the offense; (5) the trial court erred in precluding defendant from introducing the remainder of his statement after the State introduced part of that statement; (6) he is entitled to a new trial because the State improperly argued that Ms. Nielson’s blood matched the bloodstains found on his jacket and pants and impermissibly argued that the percentage of people having Ms. Nielson’s blood type was less than 1%; (7) his due process right to a fair trial was denied by restricting his ability to impeach Ron Larry regarding his pending contempt charge; and (8) he is entitled to a new trial because the trial court refused to instruct the jury on the affirmative defense of voluntary intoxication. We reverse and remand.

Millie Nielson, who was 86 years old, lived on the first floor of a two-flat building at 3507 W. Diversey Avenue, Chicago. Dan Larry, his wife, Margaret Larry (now ex-wife), and Margaret’s 19-year-old son, John Fisher, lived on the second floor. On April 25, 1987, Ms. Nielson’s body was found beaten, strangled, and stabbed in her home.

Margaret testified that she saw Ms. Nielson on April 24, 1987, around 4:40 p.m. At 6:15 p.m., Margaret and John went bowling, returning home about 10:40 p.m. Her ex-husband, Dan, was passed out on the couch from drinking. Defendant, who had been living with the Larrys for a month, was in the apartment, drinking beer and watching television. Margaret noticed that defendant was wearing light-colored jeans and a dark, quilted jacket, but did not notice any stains on his clothes. Before Margaret went to bed at 11 p.m., defendant helped her put Dan to bed.

Margaret further testified that she was awakened at midnight by Dan’s brother, Ron Larry, who was ringing the doorbell. When he asked if Dan was there, Margaret told him “no,” because she did not want him in her home.

Around 2 a.m., defendant rang the front doorbell and asked if Dan was awake. After Margaret told defendant that he was asleep and she would not wake him, she locked the door and went back to bed. Margaret stated that defendant was not slurring his words, staggering, or swaying. She did not have trouble understanding him even though she did have trouble understanding him when he was drunk.

When Margaret awoke at 7:15 a.m. on April 25, 1987, defendant was sleeping on the living room couch. He was wearing a short-sleeved yellow dress shirt and clean, dark jeans. Defendant awoke at 8 a.m. Although he did not stumble or sway, he looked nervous as he walked around the coffee table two or three times. Margaret stated that defendant always looked nervous after a night of drinking. Margaret left the house around 9 a.m.

On cross-examination, Margaret testified that she told the police on April 25, 1987, that no one had left the house the previous evening. She also did not tell the police that defendant was wearing different clothes on Saturday morning.

John Fisher testified that he and defendant watched television until John went to bed about 11:30 p.m. or 12 a.m. on April 24, 1987. At that time, defendant was wearing his usual attire, which was light-colored blue jeans, a flannel shirt, and a blue quilted jacket. John did not notice any stains on defendant’s clothes. Defendant left the apartment, returned about 30 minutes later, and asked if Dan was awake. When John replied “no,” defendant told him that he was going back out to find his car. John stated that he had no trouble understanding defendant even though he had trouble understanding him when he was drunk. John further testified that defendant did not stagger, sway, or have any problems walking.

John stated that he awoke at 10 a.m. on April 25, 1987, when the police came to question him. Initially, he told the police that no one had left the house the previous evening. Around noon, after speaking with numerous police officers, John told them that defendant had left the house. John said that it was not unusual for defendant to go out and return late at night. John stated that he was a heavy sleeper and did not hear the doorbell during the night.

Ronald Sadlowski, Ms. Nielson’s maintenance helper, testified that, at 9:45 a.m. on April 25, 1987, he noticed that Ms. Nielson’s back pantry window was broken and the back storm door was open. He called the police.

When Chicago police officer Ross Marsala responded to the call, he found Ms. Nielson’s body lying face up on a bed in the rear bedroom. Marsala testified that bloodstains were on the floor and a bloodstained knife was on a small kitchen table. In the second bedroom, the dresser drawers were open, papers were scattered on the floor, and the bed’s dust ruffle was bloodstained. In the front of the apartment, there was a small cabinet with open doors. Officer Marsala did not notice any signs of forced entry. The front door was locked with the keys still in the lock.

Dennis Yeneigh, a Chicago police crime lab officer, testified that he dusted for fingerprints, but found none suitable for lifting. On the broken pieces of glass near the back door, Yeneigh found fabric impressions, indicating that a cloth or gloves had been used. He also found fabric impressions on the door frame outside the rear bedroom.

Chicago police detective Jerome Bogucki testified that Ron Larry told him that he went to Dan’s apartment around 1 a.m. to sleep on the second-floor back porch from where he saw defendant in the backyard carrying a bag. Around 1 a.m. on April 26, 1987, Detective Bogucki and his partner went with Ron to find defendant. When they found defendant sleeping in his car, the detectives approached the car, shined their flashlights, knocked on the window, identified themselves as police officers, and asked defendant to step out of the car. Bogucki noticed two small bloodstains on the sleeves of defendant’s quilted jacket. Defendant was also wearing blue jeans and a plaid shirt. Bogucki did not notice any bloodstains on defendant’s shirt, pants, or shoes. The detectives placed defendant under arrest, advised him of his Miranda rights, and took him to the police station. Bogucki stated that defendant did not appear to be drunk or smell of alcohol.

At the police station, defendant was cooperative and signed written consent forms to give a blood sample and to search his car.

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Related

People v. Walston
900 N.E.2d 267 (Appellate Court of Illinois, 2008)
People v. Kaczmarek
798 N.E.2d 713 (Illinois Supreme Court, 2003)
People v. Chanthaloth
743 N.E.2d 1043 (Appellate Court of Illinois, 2001)
People v. Kaczmarek
741 N.E.2d 1131 (Appellate Court of Illinois, 2000)
People v. T.S.
287 Ill. App. 3d 949 (Appellate Court of Illinois, 1997)
People v. Meras
671 N.E.2d 746 (Appellate Court of Illinois, 1996)
People v. Medrano
648 N.E.2d 218 (Appellate Court of Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 1253, 243 Ill. App. 3d 1067, 184 Ill. Dec. 661, 1993 Ill. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kaczmarek-illappct-1993.