People v. King

518 N.E.2d 1309, 165 Ill. App. 3d 464, 116 Ill. Dec. 329, 1988 Ill. App. LEXIS 66
CourtAppellate Court of Illinois
DecidedJanuary 28, 1988
Docket2-85-0672
StatusPublished
Cited by18 cases

This text of 518 N.E.2d 1309 (People v. King) 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. King, 518 N.E.2d 1309, 165 Ill. App. 3d 464, 116 Ill. Dec. 329, 1988 Ill. App. LEXIS 66 (Ill. Ct. App. 1988).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

This is an appeal from a jury trial for a conviction of armed robbery pursuant to section 18 — 2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 18—2). Defendant, Gerald King, was sentenced to serve 20 years’ imprisonment.

Prior to the commencement of trial, defendant filed a motion in limine to prevent the State from introducing evidence pertaining to unlawful use of a weapon and armed robbery offenses occurring at a Clark gas station several hours after the offense charged in this case. The trial court held that the unlawful use offense could not be admitted, but that the State could introduce the armed robbery offense.

The State’s main witness in the case, Forrest Harrison, was a co-defendant in the case. Harrison agreed to testify against defendant and plead guilty to one count of armed robbery in exchange for a sentence of six years.

At trial, Harrison testified as to the events surrounding and including the robbery of the Valley View Liquor Store (liquor store) and also testified as to a later robbery of a Clark gas station in Elgin committed by defendant, himself, and one other person. Furthermore, Harrison testified that he had given a detailed statement to Detective Mark Brictson before he was placed under arrest and before a plea bargain had been offered.

Elmerio Dotdot, owner of the liquor store, also testified concerning the robbery of the liquor store. Dotdot identified defendant as one of two men who had committed the robbery.

Further testimony from another witness was also admitted concerning the robbery at the Clark station.

Detective Brictson testified that on March 12, 1985, he interviewed Forrest Harrison. At that time, Harrison was not under arrest and was not charged but was told that he was suspected in both the Valley View Liquor Store and Clark station robberies. Harrison told Brictson that defendant asked Harrison to participate in an armed robbery at the liquor store. They drove to the liquor store, and both men entered. Harrison indicated that he had held the shotgun during the armed robbery.

Following the State’s case, defense counsel made an oral motion in limine concerning defendant’s expected testimony. Counsel requested that the court restrict the State from cross-examining on any activity subsequent to the liquor store robbery and indicated that defendant would take the fifth amendment if asked questions about subsequent events. The trial court ruled that if defendant denied any knowledge of the Valley View armed robbery, he would be open to cross-examination on the Clark station robbery because that offense was relevant to the issue of knowledge. Defense counsel stated that defendant would not testify because of that ruling.

At the close of trial, the jury returned a verdict of guilty, and defendant was sentenced to 20 years’ imprisonment. Defendant timely appealed.

Defendant initially contends that the trial court committed reversible error when it allowed into evidence a prior consistent statement of Harrison. In response, the State contends that this issue was waived, by defendant when defendant’s trial counsel admitted at trial that the law did allow for admittance. The State further contends that even if defendant did not waive this issue, the statement was properly admitted.

At trial, the State asked Officer Brictson to relate to the jury what Harrison had said to him concerning the robbery of the liquor store. At this time, counsel for the defense objected as to relevance, materiality, and redundancy. After this objection, the following conversation was had:

“THE COURT: Well, I think you’re right. I want to give him a chance. Basically, the fact that a witness has made a similar statement at another time is not admissible to where you have shown he has made contrary statements. But in this case where your position is that his story is fabricated because of leniency, it would seem to me that this would be admissible to show that he told this same story before he was given leniency.
MR. JOHNSON: Judge, I don’t deny that law. I understand it but that was gone into yesterday. There’s no reason to go into it again today.
THE COURT: Overruled then on your objection. I just wanted to make sure I was correct at what the law was.”

It does not appear that defendant has waived his objection on this issue based on the above conversation. Rather, it seems that defendant has always been of the position that a prior consistent statement is inadmissible unless it is to rebut a charge of recent fabrication. It has also been defendant’s position that while that is the law, the prior consistent statement in this case was inadmissible because it was not made prior to the time that a reason to fabricate existed. Consequently, we find that defendant did not waive the issue of whether the prior consistent statement was properly admitted.

Defendant properly recognizes that while a prior consistent statement is generally inadmissible to bolster the testimony of a witness, a prior consistent statement is admissible to rebut a charge of recent fabrication when the statement was made prior to the time the motive to fabricate arose. (People v. Powell (1973), 53 Ill. 2d 465, 474-75; People v. Tidwell (1980), 88 Ill. App. 3d 808, 810-11; People v. Rosario (1979), 74 Ill. App. 3d 607, 612.) Defendant argues that at the time Harrison made the statement he had a motive to fabricate and implicate defendant in order to obtain lenient treatment and that the plea agreement which was eventually reached was merely the fulfillment of Harrison’s motivation to testify falsely. In support of his position, defendant cites Lee v. Illinois (1986), 476 U.S. 530, 90 L. Ed. 2d 514, 106 S. Ct. 2056, People v. Titone (1986), 115 Ill. 2d 413, 426 (Simon, J., dissenting), and People v. Green (1984), 125 Ill. App. 3d 734.

In People v. Green (1984), 125 Ill. App. 3d 734, 745, the court found that it was improper to admit prior consistent statements by codefendants. In Green, the defendant was charged with armed robbery and murder. In that case the statements of the codefendants identified the defendant as the only one having a gun and the individual who actually shot and killed the victim. (125 Ill. App. 3d at 739.) The court stated, “At that time [when the investigation had centered on the witnesses] it must have been apparent to them that they were prime suspects and faced with criminal liability for armed robbery and murder. The motive to place the onus on defendant must have been present.” (125 Ill. App. 3d at 745.) Thus, Green stands for the proposition that the statement of a codefendant is inherently unreliable if given at the time that the authorities have identified the codefendant as a suspect in the crime, so long as the statement places the onus of the crime on the defendant and away from the individual making the statement. (See also People v. Titone (1986), 115 Ill. 2d 413, 428 (Simon, J., dissenting).) We, however, decline to follow the reasoning in Green. The rule stated by our supreme court in People v. Powell (1973), 53 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
518 N.E.2d 1309, 165 Ill. App. 3d 464, 116 Ill. Dec. 329, 1988 Ill. App. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-king-illappct-1988.