People v. Kennedy

501 N.E.2d 1004, 150 Ill. App. 3d 319, 103 Ill. Dec. 687, 1986 Ill. App. LEXIS 3191
Appellate Court of Illinois·Decided December 10, 1986·No. 5-83-0793·Published·Cited by 6 cases

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

Following a jury trial, defendant, Willie Kennedy, was convicted of murder and armed robbery. Defendant was sentenced to concurrent terms of imprisonment of 80 years for murder and 30 years for armed robbery. These sentences were ordered to run concurrently with a 60-year term of imprisonment which the defendant is presently serving in the State of Louisiana for armed robbery.

Defendant raises three contentions on appeal: (1) whether the corpus delicti was established beyond a reasonable doubt, (2) whether the trial court abused its discretion in requiring the defendant to wear leg irons before the jury, and (3) whether prior consistent statements of two accomplice-witnesses were properly admitted into evidence. The evidence introduced at trial will be recited only so far as necessary for an understanding of the issues raised on appeal.

Defendant’s first contention on appeal is that the State failed to prove the corpus delicti beyond a reasonable doubt. According to defendant, the State failed to prove that Max Greenfield, the victim, had died and failed to prove his cause of death inasmuch as the coroner’s conclusion as to the cause of death, contained in the coroner’s certificate of death, was inadmissible at trial. Defendant contends that there was no proof that the Maxwell Greenfield referred to in the certified death certificate was in fact the same person that defendant is alleged to have killed and contends that the State’s proof was greatly deficient because there was no “life and death” witness who saw the victim after his death.

It is essential that the prosecution establish the corpus delicti beyond a reasonable doubt. The law is clear, however, that the corpus delicti may be proved by circumstantial evidence. (People v. Guthrie (1980), 85 Ill. App. 3d 831, 834, 407 N.E.2d 593, 596.) Our review of the record leads us to the conclusion that defendant’s contention that the deceased described in the death certificate could possibly refer to a person other than the victim is without merit. We find there can be no doubt that the Maxwell Greenfield referred to in the death certificate is indeed the victim alleged to have been stabbed and killed by the defendant. Almost every fact and detail in the coroner’s certificate of death corresponds to the other evidence provided by accomplice-eyewitnesses as well as several police officers who were at the murder scene, all of whom knew the victim. The cause of death, according to the death certificate, was multiple stab wounds of the abdomen, neck, and face, which occurred during a robbery at the victim’s clothing store on January 6, 1976. This corresponds precisely to the testimony of both (1) the accomplice-eyewitnesses, one of whom, Calvin Harris, actually witnessed the stabbing, and (2) the police officers who arrived at the victim’s clothing store and observed the victim lying in a pool of blood with lacerations to this throat, unable to talk but pointing to stab marks on his stomach. Officer Clayton of the Alton police department identified a photograph admitted at trial as depicting Maxwell Greenfield on the day of the crime lying on the floor of his store in a pool of blood. Additionally, the personal description of the deceased contained on the death certificate precisely corresponds to the evidence at trial and removes any doubt that the person referred to in the death certificate was indeed the victim, Maxwell Greenfield. The victim’s name, age, occupation, surviving spouse’s name, residential address, and date of death exactly correspond with the other trial evidence. Finally, apart from the testimony of the State’s witnesses, the coroner’s death certificate is prima facie evidence of the facts contained therein, one such fact being the name of the deceased. (Ill. Rev. Stat. 1985, ch. 38, par. 115 — 5.1.) We find that the State proved the corpus delicti beyond a reasonable doubt. People v. Guthrie (1980), 85 Ill. App. 3d 831, 407 N.E.2d 593.

Defendant’s next argument is that no testimony was presented at trial to show the cause of death of the victim of the alleged murder. Defendant contends first that the certificate of death was hearsay and denied him his constitutional right to confront the witnesses against him and, second, that there may have been an intervening cause of death.

The certified coroner’s certificate of death was admitted into evidence over the hearsay objection of the defendant, under the authority of section 3.02 of “An Act in regard to evidence and depositions” (Ill. Rev. Stat. 1981, ch. 51, par. 3.02 (now Ill. Rev. Stat. 1985, ch. 38, par. 115 — 5.1)), which specifically provides that such a document, as a public record, is admissible as prima facie evidence of the facts, findings, opinions, diagnosis, and conditions stated therein. (See People v. Garrett (1975), 62 Ill. 2d 151, 163, 339 N.E.2d 753, 759; People v. Guthrie (1980), 85 Ill. App. 3d 831, 835, 407 N.E.2d 593, 596-97.) Citing People v. Fiddler (1970), 45 Ill. 2d 181, 258 N.E.2d 359, defendant argues that the supreme court held that a coroner’s certificate of death is not admissible as evidence to show cause of death. We find, however, that defendant’s reliance upon Fiddler is misplaced. The statute which provided the sole basis for the admission of the death certificate into evidence in Fiddler (Ill. Rev. Stat. 1967, ch. III1/2, par. 73 — 25) was different from the present statute. Under that statute, the opinion of the examining physician as to cause of death was not a “fact” within the meaning of the statute. (Ill. Rev. Stat. 1967, ch. III1/2, par. 73 — 25(6).) Moreover, as the supreme court pointed out in its opinion in Fiddler, unlike the instant case, an autopsy was performed under the statute then in effect and an autopsy would not have been performed unless the cause of death was still in question — thus, the autopsy itself was employed to establish the cause of death and therefore such evidence was hearsay. (People v. Fiddler (1970), 45 Ill. 2d 181, 185, 258 N.E.2d 359, 361.) Contrary to defendant’s contention, he was not deprived of his right to confront witnesses against him. The statute in effect during defendant’s trial (Ill. Rev. Stat. 1983, ch. 38, par. 115 — 5.1) explicitly provides, in its third and final paragraph, that persons who prepare reports or records offered in evidence may be subpoenaed as witnesses upon the request of either party. (See Heitz v. Hogan (1985), 134 Ill. App. 3d 352, 361, 480 N.E.2d 185, 191.) Our review of the record fails to disclose that the defendant made any efforts to subpoena the preparer of the document. Therefore, we find that he cannot now maintain that he was deprived of his opportunity of confrontation.

Defendant’s additional contention that there may have been an intervening cause of death is also unsupported by anything in the record. The evidence with respect to the cause of death was established beyond a reasonable doubt.

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People v. Kennedy, 501 N.E.2d 1004, 150 Ill. App. 3d 319, 103 Ill. Dec. 687, 1986 Ill. App. LEXIS 3191 (Ill. Ct. App. 1986).

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