People v. Kalwa

714 N.E.2d 1023, 306 Ill. App. 3d 601, 239 Ill. Dec. 726, 1999 Ill. App. LEXIS 485
CourtAppellate Court of Illinois
DecidedJune 30, 1999
Docket1-97-1671
StatusPublished
Cited by8 cases

This text of 714 N.E.2d 1023 (People v. Kalwa) 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. Kalwa, 714 N.E.2d 1023, 306 Ill. App. 3d 601, 239 Ill. Dec. 726, 1999 Ill. App. LEXIS 485 (Ill. Ct. App. 1999).

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Following a jury trial, defendant Donald Kalwa was convicted of first degree murder and armed robbery and was sentenced to concurrent prison terms of 100 years and 30 years, respectively. Defendant had two trials. On July 18, 1995, following a bench trial, defendant was convicted of first degree murder and armed robbery. However, defendant was granted a new trial because, after defendant waived a jury but before trial, defense counsel discovered that a fingerprint previously thought to be unsuitable for comparison was comparable and did not match defendant’s fingerprints. Defendant’s second trial began on May 20, 1996, and after a retrial with a jury, defendant was again convicted of first degree murder and armed robbery. Defendant appeals, contending that: (1) he should be granted a new trial because he was taking psychotropic medication during the trial but never received a fitness hearing; (2) the State failed to prove beyond a reasonable doubt that the offense of armed robbery occurred in Cook County, as charged in the indictment; and (3) the trial court erred in instructing the jury that it could find defendant guilty of armed robbery if the offense occurred in either Du Page or Cook County. For the reasons that follow, we affirm defendant’s convictions.

The following pertinent facts were adduced at defendant’s jury trial. During the summer of 1993, the victim, Rachel Rachlin, responded to an advertisement defendant placed in the newspaper seeking a female roommate. Defendant lived in a one-bedroom apartment in Westmont, Illinois, which is in Du Page County. Rachel moved into defendant’s apartment in the middle of July.

On August 17, 1993, approximately one month after moving in with defendant, Rachel told her best friend, Mary Ann Dzibula, that she was unhappy with the living arrangement and wanted to move out. That same day, Vince Adamus, Rachel’s ex-boyfriend, had dinner with her and he testified that was the last time he saw her alive.

On September 1, 1993, Rachel’s vehicle was found in a remote parking lot at O’Hare Airport. Rachel’s body was found in the trunk of the car buried under a pile of dirt. Rachel’s death was apparently caused by three gunshot wounds to the head. Her head was wrapped in a large white plastic bag. The vehicle was photographed and dusted for fingerprints. A note and a Britannia men’s watch, with hair wrapped around the winding stem and band and bloodstains on its face, were recovered from the vehicle.

Randy Caruso testified that on August 20, 1993, he owned and operated a limousine service and received a dispatch just before 2 p.m. that he was to pick up a passenger named John Noble at O’Hare Airport and take him to Westmont. Caruso testified that when he arrived at Terminal One and called for John Noble, defendant approached and said he was “Don” and was going to Westmont. Defendant told Caruso that he was not from Westmont but was in town visiting friends. Caruso dropped defendant off in Westmont. On September 3, 1993, Caruso spoke with police officers and on September 14, 1993, identified defendant in a lineup.

Kuriakose Matthew, assistant director of aviation parking facilities at O’Hare Airport, testified that, according to records, Rachel’s car first appeared in a remote parking lot on August 20, 1993. The “people mover” transported persons from that parking lot to Terminal One.

Vince Adamus testified that on August 20, 199.3, he received a message from a woman who said that, while walking, she found a check with his telephone number on it. Adamus and Rachel had accounts at the Evanston Bank and Rachel’s checks had his address and telephone number printed on them. This check was made out to defendant in the amount of $400.

Patricia Egerdahl testified that on the morning of August 21, 1993, she was walking down Fairview Avenue around 59th Street in Downers Grove. She saw a check in the street and picked it up. She called the telephone number on the check and left a message. She turned the check over to the police.

The victim’s mother, Roslyn, testified that she went to her daughter’s apartment on August 24, 1993, with Westmont police and spoke to defendant. Defendant told Roslyn that Rachel had moved out and taken all of her belongings with her. Defendant also told Roslyn that he had seen Rachel’s car in the apartment complex late on the night of August 20. The police recovered numerous items belonging to Rachel in defendant’s apartment, including a jewelry box, a filing cabinet containing the victim’s correspondence, a lamp and a telephone.

John Theis, the maintenance man for the apartment complex, testified that on August 20, 1993, between-8 and 9 a.m., he saw defendant carrying furniture and other items to the garbage area near his apartment complex. Theis recovered a mattress, a television, a watch and a pearl ring with diamonds. Late on August 21, 1993, Theis saw defendant put black plastic bags into the garbage at the apartment complex. From these bags, Theis recovered a word processor, a color television and a telephone.

Norma Fazio, an officer for St. Paul Federal Bank, testified that on August 20, 1993, at the Downers Grover branch, defendant signed the back of a check from the victim’s account made out to defendant for $600, deposited $450 into his account, and received $150 in cash. Defendant cashed two checks belonging to the victim; one which was made out to cash for $150 and another one made out for $200 on August 22, 1993. Fazio also identified a check from the victim made out to defendant for $390 dated August 21, 1993.

Dorothy Myer, vice president of Evanston Bank, testified that Rachel’s account had a balance of $1056.06 on August 19, 1993, and a balance of $54.83 on September 3, 1993. Rachel’s last automated teller transaction was on August 19, 1993. One check from the victim’s account was dated August 20, 1993, and was made out to Commonwealth Edison in payment of defendant’s electric bill. Other checks from the victim’s account paid defendant’s phone bill and a newspaper bill. On August 24, 1993, a stop payment order was received by telephone, stopping payment on the victim’s check made out to a mattress store. Defendant’s telephone number was listed on the order as a reference number.

Jeanne Brundage, a handwriting and printing examiner for the Illinois State Police Crime Lab, testified that she compared various items with known handwriting samples of Rachel and defendant. In Brundage’s opinion, Rachel’s check found in Downers Grove and made out to defendant for $400 had a simulation of Rachel’s handwriting for her endorsement, and defendant’s actual signature as a second endorsement. The check made out to defendant for $600 dated August 20, 1993, had a simulation of Rachel’s signature, defendant’s genuine signature and pictorial similarities to Rachel’s known writing as to the other entries. The other checks testified to by Myer also contained simulations of Rachel’s signature.

Jim Jilek, the keeper of records for Ameritech, testified that the last call on Rachel’s telephone line on August 19, 1993, was at 10:06 p.m. The first call on that line on August 20, 1993, was made to directory assistance at 8:15 a.m., followed by several calls to the Evanston Bank. No calls were made on August 21 or 22.

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Bluebook (online)
714 N.E.2d 1023, 306 Ill. App. 3d 601, 239 Ill. Dec. 726, 1999 Ill. App. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kalwa-illappct-1999.