People v. Larson

402 N.E.2d 732, 82 Ill. App. 3d 129, 37 Ill. Dec. 730, 1980 Ill. App. LEXIS 2510
CourtAppellate Court of Illinois
DecidedMarch 14, 1980
Docket78-230
StatusPublished
Cited by24 cases

This text of 402 N.E.2d 732 (People v. Larson) 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. Larson, 402 N.E.2d 732, 82 Ill. App. 3d 129, 37 Ill. Dec. 730, 1980 Ill. App. LEXIS 2510 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE WOODWARD

delivered the opinion of the court:

Following a jury trial, defendants Arthur Larson and Louis French were found guilty of armed robbery. Defendant Larson was sentenced to 15-20 years’ imprisonment, and defendant French was sentenced to 50-100 years’ imprisonment. Defendants appeal.

The Lizzadro Museum of Lapidary Arts is located in Elmhurst, Illinois. The museum itself sits in the south portion of Wilder Park, across from Immaculate Conception High School. The museum collection is family-owned and displayed for the public and consists of precious and semiprecious stones, some cut stones, some minerals and fossils, stored in glass cases. The museum itself has two levels; the main level and the lower level where a gift shop, rest-rooms and auditorium are located. On the afternoon of July 1, 1975, the museum was robbed. A yellow Sapphire valued at $55,000 and an Alexandrite valued at $24,000 and a 183-carat Sapphire were found to be missing, as well as several smaller stones. Due to the circumstantial nature of the evidence against defendants, it is necessary to set out the testimony given at trial in some detail.

Judith Greene testified for the State that she was employed as an executive secretary at the Lizzadro Museum and also served as a receptionist to greet patrons as they entered the museum. Her desk and the reception area were on the main floor near the entrance. At about 3:45 p.m. on the afteroon of July 1, 1975, a young girl came into the museum and asked to use the restrooms, which were located downstairs. Ms. Greene gave her permission and the girl went downstairs. The next thing the witness remembered was hearing a very loud crash coming from the center of the main floor of the museum. She estimated that it was about a minute or several minutes between the time the girl went downstairs and the time of the crash. Upon hearing the crash she moved from her desk to the reception counter, approximately three feet away. As she looked over to her right she saw the back of a figure in front of a glass case. She observed something blue in color; she then believed that she was being shot at and dropped under her desk.

George Nicholas, Jr., testified for the State that on July 1, 1975, he was employed at the Lizzadro Museum, selling items in the gift shop and doing odd jobs around the museum. At approximately 3:45 p.m. that day he was working in the back room of the gift shop located on the lower level of the museum, when he heard glass shattering. He then heard what appeared to him to be a couple of shots going off upstairs; then he began walking toward the stairway. Next he observed two men run past him and throw an M-80 (firecracker) at him. The two men ran toward the doorway and Nicholas observed them leave the. building through the door on the west side. At that point he was about 20 feet distant from them and had viewed them for two or three seconds. Nicholas stated that while he was “not exactly positive,” defendant French resembled one of the two men he saw. Nicholas described one of the men as wearing a blond wig and possibly a blue work shirt, The other man was wearing a white beach hat (a turned-down sailor’s hat) with some color to it and seemed to be concealing something large under his clothing. On cross-examination, Nicholas did not remember telling police that both men were in their mid-20’s. He was not sure that he worked on the identikit composite drawing, nor that he saw it that day, and did not remember telling police that the man in the composite was to be in his late 20’s, 5'10" tall and weighing 180 pounds. He believed that the man wearing the beach hat had pants cut off at the knee; he did not recall seeing a red wool stocking cap. He remembered something like a nylon stocking covering the face of one of the men, but did not remember telling the police about any nylon stocking; nor did he recall if either man wore glasses. On redirect, Nicholas testified that defendant French looked very much like the man he saw leaving the building.

Terrance Lanigan testified for the State that on July 1, 1975, he was employed as a painter at Immaculate Conception High School, located across the street from the museum in Wilder Park. On that afternoon he was painting a window on the third floor of the high school when he observed two men jogging toward the high school; between them they carried a bag resembling a gym bag. The witness watched the two men until they ran across the parking lot and out of sight. According to Lanigan, one of the men wore a dark shirt and light pants. The witness also observed that one man had what appeared to be a nylon stocking covering his face and he observed a stocking cap on one of the men. Later, on the school grounds, the witness discovered a hammer with reddish stains and tape all over it. According to Lanigan, defendant Larson resembled the man wearing the nylon stocking over his face. Paul Beranek testified for the State that he was working at Immaculate Conception High School with Lanigan at about 3:45 p.m. on the day in question. He also observed the two men jogging and identified defendant Larson as resembling one of the men. However, on cross-examination, Beranek admitted that he was not sure of the identification.

Carol Raimondi testified for the State that about 3:45 p.m. on the day in question she saw two men changing clothes in the bushes adjacent to the Illinois Bell Telephone Company parking lot, located one block east of Wilder Park. One of the men was slender, about 5'7" or 5'8" tall and had a full head of grey hair. Later she returned to the site and found some clothing and a hammer. She subsequently found a multicolored hat by the office building which she said had been worn by the man with the grey hair. On cross-examination, she testified that she did not see the faces of the men she observed.

William Long testified for the State that on July 1, 1975, he was employed by the telephone company. At about 3:45 p.m. he was cleaning up the company parking lot when he noticed two bicycles. As Long was about to lock up the bicycles, a man with long hair, a sweat-band around his forehead, wearing a faded-looking, dirty white undershirt came up to him. According to Long, the man resembled defendant Larson. After looking at each other for a minute, the man got on one of the bicycles, a three-speed, yellowish tan color with a tan seat, and left. The other bicycle was off-red; afterwards, when Long looked for it, it was gone. Shortly after the man left, Long heard something that sounded like fireworks coming from Wilder Park. On cross-examination, Long denied telling the police that he saw two white male subjects in their late 20’s proceed on two bicycles. Long did not observe any tattoos or other identifying characteristics on the man’s body. Long described the man as having the beginnings of a moustache and that he told someone about the moustache at the police station, although the identikit which was made up from Long’s description had no moustache. Long did not recall telling the police “that the second subject got on a light green, three-speed racer bicycle, English-style, chrome fenders, back seat?” On redirect, the witness stated that defendant Larson was about the height of the man he saw.

Marilyn Lees testified for the State that she had been introduced to defendant French by Alberta Meyer and saw him quite frequently thereafter. Both defendants had stayed at her townhouse in Hoffman Estates.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Clemente
2023 IL App (2d) 220354-U (Appellate Court of Illinois, 2023)
People v. Buck
Appellate Court of Illinois, 2005
Louis E. French v. Thomas P. Roth
142 F.3d 439 (Seventh Circuit, 1998)
United States ex rel. French v. Nelson
947 F. Supp. 1195 (N.D. Illinois, 1996)
People v. Wilson
628 N.E.2d 472 (Appellate Court of Illinois, 1993)
People v. French
569 N.E.2d 934 (Appellate Court of Illinois, 1991)
People v. Blommaert
541 N.E.2d 144 (Appellate Court of Illinois, 1989)
People v. Ware
523 N.E.2d 46 (Appellate Court of Illinois, 1988)
People v. Carini
502 N.E.2d 1206 (Appellate Court of Illinois, 1986)
People v. Barkauskas
497 N.E.2d 1183 (Appellate Court of Illinois, 1986)
People v. George
489 N.E.2d 1111 (Appellate Court of Illinois, 1986)
People v. Barnes
453 N.E.2d 1371 (Appellate Court of Illinois, 1983)
People v. Crosser
452 N.E.2d 857 (Appellate Court of Illinois, 1983)
People v. Weeks
450 N.E.2d 1351 (Appellate Court of Illinois, 1983)
People v. McQueen
450 N.E.2d 921 (Appellate Court of Illinois, 1983)
People v. Wolfe
449 N.E.2d 980 (Appellate Court of Illinois, 1983)
People v. Stamps
438 N.E.2d 1282 (Appellate Court of Illinois, 1982)
People v. Smith
438 N.E.2d 501 (Appellate Court of Illinois, 1982)
People v. Einstein
435 N.E.2d 1257 (Appellate Court of Illinois, 1982)
People v. Bryant
425 N.E.2d 1325 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
402 N.E.2d 732, 82 Ill. App. 3d 129, 37 Ill. Dec. 730, 1980 Ill. App. LEXIS 2510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-larson-illappct-1980.