People v. Lambrecht

595 N.E.2d 1358, 231 Ill. App. 3d 426, 172 Ill. Dec. 688, 1992 Ill. App. LEXIS 1090
CourtAppellate Court of Illinois
DecidedJuly 9, 1992
Docket2-90-0449
StatusPublished
Cited by23 cases

This text of 595 N.E.2d 1358 (People v. Lambrecht) 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. Lambrecht, 595 N.E.2d 1358, 231 Ill. App. 3d 426, 172 Ill. Dec. 688, 1992 Ill. App. LEXIS 1090 (Ill. Ct. App. 1992).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

A jury convicted defendant, Mark A. Lambrecht, of one count of unlawful delivery of 15 or more grams of a controlled substance (Ill. Rev. Stat. 1987, ch. 56x/2, par. 1401(a)(2)), two counts of unlawful delivery of more than one but not more than 15 grams of a controlled substance (Ill. Rev. Stat. 1987, ch. 56x/2, par. 1401(b)(2)), and one count of unlawful possession of a controlled substance (Ill. Rev. Stat. 1987, ch. 56x/2, par. 1402(b)). He was sentenced to serve concurrent terms of one, four, four and six years in prison for his offenses. Defendant presented an entrapment defense and asserts on appeal that (1) the State failed to prove beyond a reasonable doubt that he was not entrapped, (2) the trial court erred in excluding his expert witness’ opinion regarding his ability to commit the charged offenses, and (3) the trial court improperly questioned his expert witness.

In July 1988 police officer Ronald Vandergrift, a member of a five-county drug task force, started working with Nancy Smith, a confidential informant. Smith had been arrested the previous May on two felony counts of unlawful delivery of cannabis. However, she had reached an agreement with the State whereby the charges against her would be dismissed in return for her cooperation in setting up a cocaine buy. She was to provide information which would lead to the undercover purchase of two ounces of cocaine from a dealer in the area. A record of this agreement had been made in open court on June 14, 1988. The transcript of that proceeding was read to defendant’s jury. The charges against Smith were dismissed a few days after the defendant was arrested.

During June, Smith approached defendant about helping her to get some cocaine. On July 1 defendant telephoned Smith. She arranged to meet defendant later that day at a restaurant parking lot in Byron to buy a quarter ounce of cocaine. Vandergrift, who had no previous connection or contact with the defendant, drove Smith to the parking lot. Defendant, who was already there, walked to the passenger side of Vandergrift’s car and dropped a plastic bag of cocaine through the open window into Smith’s lap. Officer Vandergrift, who had also walked around to the passenger side of the car, testified that he heard defendant say something to the effect of “this is the best stuff you’ll ever have.” When Vandergrift asked if the bag contained a full quarter ounce, the defendant replied that he did not know because he had not weighed it himself. Vandergrift took the plastic bag from Smith and paid the defendant $500. The defendant told the officer that he was not making any money on the deal.

Vandergrift testified that he next arranged to buy an ounce of cocaine from defendant on July 3. Although that delivery did not work out, defendant gave Vandergrift his phone number, and, on July 6, Officer Vandergrift called defendant at his home in Wisconsin. At first, Vandergrift complained that the substance he had received on July 1 had been a gram short. The witness explained that he did this to let defendant know that he was weighing what he was getting and expected to get what he paid for. He then arranged to buy one ounce of cocaine from the defendant on July 8. On July 7, according to Vandergrift, he called the defendant four times, and defendant called Nancy Smith’s home three times regarding the deal.

On the evening of July 8, Officer Vandergrift and Smith again met defendant in the restaurant parking lot. This time defendant opened the hood of his car and placed a bag of cocaine on the car radiator. Vandergrift picked it up, but defendant reported that he had only been able to get a half ounce. Officer Vandergrift paid defendant $800, and defendant then showed him some white powder on the owner’s manual of his car and said, “[t]his is all I took, plus a couple lines that I did.” Defendant indicated that the small amount of cocaine was all he was getting out of the deal. Vandergrift said he discussed with defendant the future purchase of an ounce of cocaine but made no definite arrangements. Although Nancy Smith denied it during her cross-examination, Vandergrift said that Smith later told him defendant had called her on July 9, 10 and 11, trying to set up the one-ounce sale.

Vandergrift next contacted the defendant on August 18. Between August 18 and August 26 defendant contacted Officer Vandergrift three times. On August 26 Vandergrift tape recorded three telephone calls he received from the defendant. The tape was played for the jury. All three calls were connected with the arrangements for Vandergrift to buy one ounce of cocaine that evening. Defendant indicated that he had to stop at Maria’s to pick up the drugs and would meet Officer Vandergrift later. At one point defendant phoned Vandergrift to tell him he was on his way to Maria’s. He said he wanted to let him know “what’s going on instead of you getting nervous, or anything.”

Upon arriving at the Byron parking lot, Vandergrift, who was alone this time and wearing an eavesdropping device, got into defendant’s car. At defendant’s direction he found two bags of cocaine in a container between the front seats. The defendant also showed Vandergrift a small amount of cocaine, which he referred to as “[t]wo rocks.” Defendant said one “rock” had been taken from each of the two bags the officer had found between the seats and explained that that was what he got for delivering the drugs. A short time later defendant commented that it was nice to see “Ron” and added, “I thought you gave up on me, or you got some other source, or something.” He then explained that his wife knew what was going on and, for doing what they were doing, his wife got $100 and he got the cocaine he took out of the bags he delivered. When Vandergrift asked him what was in the two bags, defendant replied, “[t]oot. Toot-toot, the best toot.” After Vandergrift paid him $2,900 the defendant was arrested. The tape Vandergrift had been wearing during the drug buy was played for the jury.

In March 1989, some six months after the charges against her were dropped, Nancy Smith signed a statement in which she indicated that defendant never would have done what he did if she had not contacted him and pushed him into it. At trial she testified for defendant. Smith worked at the Kopy Kat restaurant in Oregon and knew defendant because he delivered food to the restaurant from a Wisconsin supplier. She decided to involve him in the setup because she thought he was naive and easy to fool. Too, because defendant was not from the Oregon area, she figured her friends would not find out that she had set someone up. Smith also had heard rumors that the defendant had made cocaine deliveries to the Kopper Kettle, another restaurant in Oregon, and had sold cocaine to Wayne Messenger at the Kopper Kettle. She knew, too, that defendant had recently worked with Martin Viveros, and Viveros had talked to her and others about selling and using drugs. Smith testified that defendant had not talked about selling drugs to her. Rather, when he came to the Kopy Kat to make deliveries, she approached him and told him she was in trouble and needed a lot of money. She asked him to help her buy cocaine so she could sell it to make the money she needed. Smith said she did not give defendant her phone number but did ask for his.

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Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 1358, 231 Ill. App. 3d 426, 172 Ill. Dec. 688, 1992 Ill. App. LEXIS 1090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lambrecht-illappct-1992.