People v. Martinez

611 N.E.2d 1027, 242 Ill. App. 3d 915, 183 Ill. Dec. 379, 1992 Ill. App. LEXIS 2111
Appellate Court of Illinois·Decided December 28, 1992·No. 1-89-1556·Published·Cited by 13 cases

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court;

Following a jury trial in the circuit court of Cook County, defendant Vincent Martinez was found guilty of murder and concealment of a homicidal death. Defendant was sentenced to 30 years’ imprisonment. Defendant now appeals his conviction. For the reasons which follow, we affirm.

The record on appeal indicates the following facts. Prior to trial, defendant moved to suppress two oral and two written statements he made to the police on May 19, 1987. Following a hearing, the trial court denied the motion.

Following jury selection and opening statements, the State called Detective Kenneth Polzin, Jr., of the Kenosha County, Wisconsin, sheriff’s department as a witness. Detective Polzin testified that on the afternoon of May 17, 1987, he was assigned to investigate the discovery of a body in Bristol Township. He testified that photographs depicted the scene, including a charred body, with an address book and folded court records to the left side of the body. The photographs also indicated that trees in the immediate area appeared burnt. Detective Polzin took custody of the address book and court records for further examination. Detective Polzin testified that on May 18, 1987, it was determined from fingerprint records that the body was that of Amulfo Ortuno.

Kenosha County medical examiner and pathologist Dr. John San-son testified that he viewed the body on May 17, 1987, and performed an autopsy on May 18, 1987. Dr. Sanson opined that the body was dumped within 12 to 24 hours before he viewed it at 4:30 p.m. on May 17,1987.

Dr. Sanson testified that an external examination of the body indicated an extensive burning and charring of the body. Dr. Sanson also testified that the small amount of carbon monoxide present in the body indicated that the person had died before the body was burned. The external exam also showed multiple contusions on the skin on top of the head and forehead. The contusion on the forehead could have been caused by a blow from a piece of wood or the base of a knife, but was inconsistent with a blow from a blunt object, such as a fist. The other contusions could have been caused by a fist or other blunt object.

Ultimately, Dr. Sanson testified that the death was a homicide caused by strangulation of the windpipe. The external examination indicated hemorrhaging in the area of the muscles around the windpipe. The internal investigation indicated hemorrhaging of tissue covering the windpipe inside the bone.

Delores Gouty testified that on May 17, 1987, she was defendant’s upstairs neighbor in a three-story building. Gouty stated that on May 17, 1987, at about 1 a.m., she heard noises coming from defendant’s apartment. The noises sounded like a scuffle. Gouty went to her dining room window, which was open. She looked down and could see a light on in defendant’s apartment. Gouty testified that she heard a voice, but could not make out what it was saying. As Gouty returned to her bedroom, she heard a voice she did not recognize saying “Help. Police. Help.” A few minutes later, Gouty heard footsteps coming up the back stairs. She then heard keys rattling and the door to defendant’s back porch being unlocked. Gouty then heard footsteps hurrying along the kitchen floor and back down the rear stairway.

Gouty testified that she got out of bed and went to her bedroom window. She could see defendant’s car parked right at the curb on Damen. She also saw a tall man opening and unlocking doors to defendant’s car. Gouty testified that she returned to bed, but rose again upon hearing the ground-floor door slam shut. From her bedroom window, Gouty saw the tall man and defendant drag a man from the building and put this third man in the rear seat of defendant’s car. The tall man then drove away in defendant’s car, with defendant in the passenger seat and the third man in the rear of the car. Gouty identified defendant in court.

Chicago police sergeant Casey Orr indicated that on May 19, 1987, he was a detective with the violent crimes unit. On the morning of May 19, 1987, Orr and his partner, Jantes Spencer, were investigating the Ortuno homicide. At about 11 a.m., two detectives from Kenosha (named Polzin and Zielsdorf) arrived at Orr’s office. The four detectives proceeded to an office building on La Salle Street in search of defendant, whom Orr identified in court. The detectives met defendant between 11:30 a.m. and noon. Orr testified that he asked defendant to accompany him to the police station, to which defendant agreed.

At the police station, defendant was placed in an interview room. Orr testified that he informed defendant of his constitutional rights. According to Orr, defendant indicated that he would answer Orr’s questions. In the presence of Zielsdorf, defendant told Orr that on the night in question, defendant had attended a party and had not returned home the entire evening. Orr testified that he told defendant that this was contrary to other information he had in his possession.

According to Orr, defendant then stated that on the night in question, he had been with his friends: Chico, Lefty and Edwin. After an evening of drinking, they dropped Edwin at home and the three men went to defendant’s apartment. Chico and Lefty got into an argument, which escalated into a fight. Lefty punched Chico in the head and choked him. Chico fell unconscious to the floor. Defendant and Lefty dragged Chico out to defendant’s car. Defendant and Lefty drove north on Route 41 toward Kenosha. Chico stopped breathing on the way to Wisconsin. Upon reaching Kenosha County, they found a secluded area where they pulled Chico’s body from the car, poured gasoline on it and set the body on fire. Defendant and Lefty then returned to Chicago.

Orr testified that defendant then elaborated on this version of events. Initially, defendant and Chico argued about Chico’s alleged involvement with defendant’s wife. Defendant told Orr that he punched Chico in the face, then went into the kitchen, got a knife and threatened to kill Chico, at which point the argument subsided. While defendant was returning the knife to the kitchen, Chico and Lefty renewed an earlier argument. Defendant saw that Lefty had Chico in a hammerlock around the neck and was punching him. When Lefty let go, Chico fell to the floor and had difficulty breathing. After a few moments, Chico stopped breathing. Defendant told Lefty that he thought Chico was dead; Lefty laughed. Defendant told Lefty they had to remove Chico’s body from the apartment because his wife was coming home.

The two men loaded Chico’s body into defendant’s car. While driving around the neighborhood, Lefty suggested stabbing the body and dumping it in a nearby alley. Defendant responded, “No, the police will figure out who he is and what happened.” Defendant suggested driving to Wisconsin to dump the body in a field. En route to Wisconsin, the two men decided to burn the body, stopping at one gas station to buy a gasoline can and a gallon of gasoline and another station to buy matches. Lefty struck the match that burned Chico’s body.

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People v. Martinez, 611 N.E.2d 1027, 242 Ill. App. 3d 915, 183 Ill. Dec. 379, 1992 Ill. App. LEXIS 2111 (Ill. Ct. App. 1992).

611 N.E.2d 1027 (People v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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