People v. Lopez

593 N.E.2d 647, 228 Ill. App. 3d 1061, 170 Ill. Dec. 758, 1992 Ill. App. LEXIS 599
Appellate Court of Illinois·Decided April 15, 1992·No. 1-87-3642·Published·Cited by 15 cases

Opinion

JUSTICE CERDA

delivered the opinion of the court:

Defendant, David Lopez, was charged with murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1), aggravated kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 2), and the concealment of a homicide (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 3.1) in the death of his estranged wife, Jaynette. After a jury trial, defendant was convicted of voluntary manslaughter (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 2) and the concealment of a homicide. He was sentenced to consecutive terms of 15 years’ imprisonment for the voluntary manslaughter and five years’ imprisonment for the concealment of a homicide.

On appeal, defendant asserts that (1) the trial court erred when it allowed the State to introduce evidence of the results of electrophoretic testing of dried blood samples and the victim’s blood sample because the testing has not gained general scientific acceptance as being reliable; (2) the error in admitting the electrophoretic test results was compounded by the admission of statistical evidence derived from the tests; (3) the trial court erred in imposing consecutive sentences because they were not required to protect the public from defendant; (4) the trial court erred in refusing to give defendant’s tendered involuntary manslaughter instruction; (5) the trial court erred by admitting other crimes evidence, especially since the State argued in its closing argument that it showed defendant’s propensity to commit crime; (6) there was insufficient information to constitute probable cause to arrest defendant, requiring the suppression of his subsequent statements; and (7) absent defendant’s statements, the evidence was insufficient to convict him. We affirm.

Defendant and his wife, who had been married for four years, had one son. On May 21, 1986, Jaynette and her son were living with her sister, Kathleen Downs. Around 10 p.m., Jaynette left, wearing a black lace blouse, gray wool pants, black high heels, black purse, gray jacket, gold earrings, and a gold medallion. The next morning, Downs awoke and noticed Jaynette had not yet come home. After returning home from work, finding that Jaynette was still not home by 8 p.m., Downs called the police and filed a missing person’s report. On May 24, 1986, Downs found Jaynette’s car parked in an Oseo parking lot at 63rd Street and Pulaski Avenue, Chicago.

When Detective Michael Duffin was assigned to the missing person investigation on May 31, 1986, he asked defendant to come to the police station for an interview. Defendant told Duffin that he and Jaynette were separated, had been living together on and off over the four years of their marriage, and the last time he saw her was on May 2, 1986, in court.

Defendant explained that Jaynette moved out with their son and stayed with relatives in February 1985, after a physical altercation. When defendant was unable to speak with Jaynette on the telephone, he became angry and shot himself in the shoulder. During that next summer, while still separated, defendant took their son to Florida and left him at an ex-girlfriend’s house. Defendant returned to Illinois, told Jaynette where the baby was, and tried to force her to sign consent custody papers. Although he denied taking the baby to get his wife back, soon after he returned with their son, they lived together again.

Defendant began tape recording his wife’s telephone conversations. When Jaynette discovered the tape recorder on February 13, 1986, they argued. Defendant struck Jaynette and threw the telephone at her. Jaynette and her son went to live with her sister, and on May 2, 1986, Jaynette and defendant appeared in court. Defendant stated that he pleaded guilty to a battery charge against Jaynette and received one year’s supervision. At that time, an order of protection was entered against defendant.

Defendant told Duffin that Jaynette had filed for a divorce and that there was a child custody issue. Defendant also told the police officers that he worked in his brother’s auto parts business. Although he had owned a .25 caliber handgun, defendant stated, he had given it to a cousin a week earlier. Defendant refused to give the cousin’s name. He admitted that he had owned another .25 caliber handgun that had been confiscated after he shot himself. Defendant also informed Duffin that he had a psychiatrist.

Defendant gave Duffin permission to search his car. After giving the detective the keys, Duffin went outside and looked through the car, but found nothing. Defendant also gave permission for the police to search his apartment and signed a consent-to-search form. Defendant left the police station alone and met the police, letting them into his apartment. Duffin searched the apartment for V-k hours. He saw numerous articles of Jaynette’s clothing and personal belongings in brown plastic bags with black linings. The police officers left without taking anything and defendant stayed in his apartment.

On June 1, 1986, at 3:03 p.m., Officer Linda Kennedy arrived at the Chicago River at 28th and Hoyne Streets, Chicago, where a body had been found facedown in the river. During an area search, Officer Dennis Veneigh, an evidence technician, found two pieces of blue plaid material, which were the same type used to tie the victim’s hands and feet, approximately 140 to 150 feet from where the body was found. On cross-examination, Veneigh testified that the area where the body was found was at the end of a dead-end street, where discarded debris, including used auto parts, was located. Veneigh did not find Jaynette’s purse, identification items, jewelry, or money.

At 3:30 p.m. on June 1, 1986, Detective James Mercurio observed the body in the river. It was in one foot of water, about two feet from the shore. Brown plastic bags were over the top portion of the body; the hands and feet were bound with blue and white plaid material; there were no shoes; the pockets were turned inside out; the pants were unbuttoned; a wire mesh was wrapped around the body; and an automobile cylinder was tied to the waist. Mercurio testified that blue and white plaid material, which was similar to the material tied around the victim, was found about 300 feet from the body. Blue automotive-type towels were wrapped around the plaid material.

At the morgue, Mercurio stated, he noticed that the body was wrapped in brown plastic bags with black linings. The victim was wearing a black blouse with small white dots and gray wool slacks. During the autopsy on June 2, 1986, Mercurio observed gunshot wounds to the head. He later learned that small caliber bullets were removed from the body.

On June 2, 1986, Detective Duffin learned that a woman’s body matching Jaynette’s description and wearing similar clothing was found in the river. He went to the morgue to view the body. Duffin noticed that the plastic bags wrapped around the body were the same type that he had earlier seen in defendant’s apartment. Duffin informed Mercurio of the plastic bags in defendant’s apartment, the marital problems between Jaynette and defendant, and defendant’s previous ownership of small caliber handguns. Duffin also informed Mercurio that defendant worked in an auto supply store.

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People v. Lopez, 593 N.E.2d 647, 228 Ill. App. 3d 1061, 170 Ill. Dec. 758, 1992 Ill. App. LEXIS 599 (Ill. Ct. App. 1992).

593 N.E.2d 647 (People v. Lopez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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