People v. Keen

564 N.E.2d 1314, 206 Ill. App. 3d 940, 151 Ill. Dec. 652, 1990 Ill. App. LEXIS 1790
CourtAppellate Court of Illinois
DecidedNovember 30, 1990
Docket1-88-1764
StatusPublished
Cited by12 cases

This text of 564 N.E.2d 1314 (People v. Keen) 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. Keen, 564 N.E.2d 1314, 206 Ill. App. 3d 940, 151 Ill. Dec. 652, 1990 Ill. App. LEXIS 1790 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Following a jury trial, defendant Thomas Keen was found guilty of delivering a controlled substance to an undercover narcotics agent on September 18, 1986. Defendant was at the same time acquitted of the same charge based on a sale which took place on August 4, 1986. Defendant was sentenced to a six-year term of imprisonment. On appeal, defendant requests that this court reverse his conviction, contending: that the evidence is insufficient to prove defendant guilty beyond a reasonable doubt; that the trial court erred in excluding testimony relating to an informant’s threats to defendant; that an unauthorized communication between a deputy sheriff and the jury deprived defendant of a fair trial; that the State’s evidence of other crimes deprived defendant of a fair trial; and that the prosecutor’s conduct during closing argument was improper. We affirm.

The following facts were elicited at trial. Agent John McQuinn testified that on August 4, 1986, he was on an undercover assignment from the Metropolitan Police Enforcement Group. At about 5 p.m., Agent McQuinn received a call on his beeper, which upon McQuinn’s returning the call, he learned originated from defendant. Defendant asked Agent McQuinn if McQuinn was interested in purchasing an ounce of cocaine. McQuinn said that he was interested in purchasing 3.6 grams of cocaine, and the two agreed to meet at 6:30 p.m. that day at the Steak & Egger restaurant.

McQuinn met with defendant as planned. Other surveillance agents, whom McQuinn had informed of the meeting, observed the meeting. Defendant handed McQuinn a clear plastic bag, which was subsequently found to contain cocaine. McQuinn paid defendant $270 for the bag of cocaine. At the time, defendant produced another bag, which he said was the ounce of cocaine he had earlier offered to sell McQuinn. McQuinn left open the possibility that he would purchase larger amounts of cocaine from defendant in the future if McQuinn was satisfied with the quality of the 3.6 grams. According to McQuinn, defendant told him that defendant was ready to sell cocaine whenever McQuinn wished to purchase it.

Agent McQuinn further testified that on September 18, 1986, defendant again contacted him on his beeper. At this time, defendant asked if McQuinn wanted to purchase a pound of cocaine. McQuinn stated that he wished to do so, and defendant stated that he would contact McQuinn later that evening after defendant obtained the cocaine from his “connect.” Later that day, defendant again paged McQuinn, informing him that he could obtain eight ounces of cocaine, and it was agreed that the two would meet at a gas station at 171st and Harlem in Tinley Park.

The two met as planned. Defendant handed McQuinn a box, which was tested on the spot and revealed to contain cocaine. After conducting the field test, McQuinn activated a prearrest signal to alert a surveillance team to arrest defendant. The surveillance team then arrested defendant. Two other agents, who observed the August 4 and September 18, 1986, transactions, testified at trial and confirmed McQuinn’s testimony.

McQuinn testified that Gary Giusfredi was a police informant who worked for him in 1986. Giusfredi had been an informant for about a month prior to August of 1986. Giusfredi told McQuinn that defendant would contact McQuinn. In August and September of 1986, McQuinn said that he and Giusfredi discussed defendant about 10 to 20 times. The arrest of defendant was the first arrest that had resulted from Giusfredi’s efforts as an informant. McQuinn stated that, based on his conversations with Giusfredi, he was aware that defendant was calling Giusfredi about selling McQuinn the cocaine and that defendant was anxious for McQuinn to buy cocaine from defendant.

Giusfredi testified that he had known defendant for about 10 years, he and defendant having been introduced through a mutual friend, Steve Skryd. Giusfredi had used cocaine with both defendant and Skryd on several occasions, the last time being several years ago. Giusfredi had been hospitalized in 1983 in connection with his Valium usage and continued to undergo counseling. Giusfredi stated that he was angry with defendant for starting Steve and David Skryd’s younger brother, Bobby Skryd, on marijuana. Bobby Skryd testified later at trial, however, that he had never used marijuana or any other drug with defendant and that defendant never gave him cocaine or marijuana.

Giusfredi was introduced to Agent McQuinn through his friend David Skryd, who was an attorney. This introduction occurred two oí three months prior to defendant’s arrest. Giusfredi was asked to “set up” defendant as a favor to David Skryd. Giusfredi was not paid to be an informant and did not profit from defendant’s sales.

Giusfredi told defendant that he had lost some money which he had loaned a friend when the friend died. Giusfredi told defendant that he was out several thousand dollars and that he could make some of the money back if defendant would deliver cocaine to Giusfredi’s friends. Giusfredi did not tell defendant that the friends he referred to were agents. Giusfredi stated that he asked defendant to deliver the cocaine as a favor and had several conversations with defendant to persuade him to deliver the cocaine before he agreed to do so. Giusfredi gave defendant Agent McQuinn’s beeper number. Giusfredi testified that he was in Utah on August 4, 1986, and that defendant telephoned him that day to inform him how well the deal had gone. Giusfredi acknowledged that he asked defendant to deliver a full pound of cocaine, but that as of August 4, 1986, he no longer asked defendant to deliver cocaine as a favor. Giusfredi also acknowledged that he told defendant that if the pound of cocaine was delivered, he would be reimbursed some of the money he had lost. Giusfredi testified that he never threatened defendant with physical violence or told defendant that he would make life miserable for him. Giusfredi did not direct defendant to a supplier of cocaine and was in Utah at the time of both transactions. Giusfredi said that he never told defendant that he was in desperate need of money. Giusfredi testified that defendant was willing to make the delivery and was “looking to make money,” but Giusfredi did not reveal any agreement that he would pay defendant for making the deliveries.

Defendant testified in his own behalf at trial. Defendant had at one time washed cars for Giusfredi. Defendant stated that he and Giusfredi first discussed defendant’s obtaining cocaine around May of 1986. Defendant initially told Giusfredi that he did not have the ability to help Giusfredi. According to defendant, Giusfredi made the request that defendant obtain cocaine between 50 and 100 times over the next few months. During some of these conversations, Giusfredi threatened defendant and defendant’s friend, Steven Skryd, with bodily harm if defendant backed out of the contemplated transaction. Defendant stated that on August 4, 1986, Giusfredi gave defendant Agent McQuinn’s beeper number about 15 minutes before defendant called McQuinn. While defendant had used cocaine before, he had never sold or delivered cocaine before. He obtained the cocaine for both sales from friends of friends, with “great difficulty.” Defendant did not have the cocaine himself at the time.

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Cite This Page — Counsel Stack

Bluebook (online)
564 N.E.2d 1314, 206 Ill. App. 3d 940, 151 Ill. Dec. 652, 1990 Ill. App. LEXIS 1790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-keen-illappct-1990.