People v. McCollum

607 N.E.2d 240, 239 Ill. App. 3d 593, 180 Ill. Dec. 346
CourtAppellate Court of Illinois
DecidedFebruary 18, 1993
Docket3-91-0314
StatusPublished
Cited by18 cases

This text of 607 N.E.2d 240 (People v. McCollum) 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. McCollum, 607 N.E.2d 240, 239 Ill. App. 3d 593, 180 Ill. Dec. 346 (Ill. Ct. App. 1993).

Opinion

JUSTICE HAASE

delivered the opinion of the court:

A jury found the defendant, Randy Roy McCollum, guilty of murder (Ill. Rev. Stat. 1991, ch. 38, par. 9—1). He was thereafter sentenced to 60 years of imprisonment. He appeals. We reverse the conviction and remand the cause for a new trial.

The record shows that the body of the victim, Lloyd Mecum, was found inside his home at 8:30 a.m. on July 25, 1990. An autopsy revealed that his death was caused by a stab wound to the lung. The time of death could not be determined. However, the evidence established that the victim was alive at 9:30 p.m. on July 24. Pictures of the crime scene showed that the victim bled profusely.

A neighbor of the victim, Audine Jung, testified that on July 25 at about 1:45 a.m. she noticed a car in her driveway. She did not see either a person or any dogs in the car. After viewing pictures of the defendant’s Mustang and a blue station wagon, she at one time identified the defendant’s car as being the one outside her home, and on another occasion identified the station wagon as the car in question.

Jeffrey Bower, a farmer, testified that on July 25 at about 2:30 a.m. he was awakened by the defendant, who had run out of gas. State Trooper Gregory Rapp testified that he also observed the defendant at Bower’s home. He noted that the defendant was wearing a black, sleeveless T-shirt, dirty blue jeans, and dirty tennis shoes. He did not observe any blood on the defendant. However, he did smell a sweet pungent odor on the defendant, which, after talking to an evidence technician, he identified as resembling the smell of blood. He noticed that the defendant had a couple of dogs in the car with him.

It was determined that the distance between the victim’s home and the Bower residence was about 30 miles, and that under normal driving conditions, it would take about 35 to 40 minutes to make the drive.

The defendant presented testimony showing that Mecum had been the victim of several recent thefts at his gas station. The thief apparently had a key since there had been no forced entries. Other evidence showed that Mecum rented David Sutton the back of his station to do mechanical work, and that Sutton had a key to the station. The defendant was an employee of Sutton at the victim’s gas station. During the rental period there had been a problem with missing tools and money. Finally, the evidence showed that Sutton was behind in his rent to Mecum and that eviction papers had been served on him.

The State presented into evidence a copy of the defendant’s signed confession to the murder. The confession was not taped, nor were any notes taken by the police officers conducting the interview. In addition, no police report concerning the interview was made until several days after the interview.

In the confession, the defendant stated he went to Mecum’s trailer to steal some money. He entered the trailer and started searching it. At that point, Mecum grabbed him from behind. Following a scuffle, the defendant grabbed a knife from the kitchen counter and stabbed Mecum. He then took a money bag and left the trailer. As he drove away, he threw his gloves, a flashlight, the money bag, and the knife into a road ditch.

Other evidence showed that the only item ever found in the ditch was one glove, which had a spot of blood on it. The blood was identified as human but it could not be typed. A second glove was found in the defendant’s car. It also had a small bloodstain on it that could have come from the victim but not the defendant. It was also shown that the stain could have come from 40% to 42% of the population.

At his trial, the defendant testified that he was coerced into signing the confession which had been written by Sheriff Yager. He stated he only signed it because the police threatened to arrest his wife as an accessory. Since his wife was pregnant, he was worried about the effect this would have on her and the baby. He also stated that the police refused his request for an attorney to be present.

The defendant also testified regarding his activities on the day of the murder. He stated that sometime after about 10:30 p.m., he went to get his dogs. After picking them up, he decided to go to Camp Point so the dogs could swim in a pond. On the way back home he ran out of gas. After waiting 10 to 15 minutes, he woke up a farmer and got gas. He then went home.

Regarding the physical evidence in the case, Officer John Jefferson testified that he took photographs of tire impressions he found by Jung’s garage. There were two separate sets of tire tracks, one wide and the other narrow. Although he had no training in tire-print identification, he opined that the wider tracks appeared to have the same tread design as the tires on the defendant’s car. Officer William Fer-rill’s testimony regarding this evidence was substantially the same as Jefferson’s.

Police officer Larry Hood, who was trained in tire-track identification, testified that when he observed the crime scene he did not see any tread impressions, although he did see tire imprints. However, he could see tire impressions in the photographs taken by Officer Jefferson and noted that the time of day could make a difference in the ability to observe specific tread impressions. He did not give an opinion regarding whether the pictures of the tread matched, or were even similar to, the tread on the defendant’s tires.

No blood was found on any of the clothing the defendant was wearing on the night of the murder. Tests on a reddish substance found on the right exterior chrome door handle of the defendant’s car indicated that it was not blood. Testing on a substance found on the right interior door handle indicated it was blood, but it could not be determined if it was human.

Finally, the evidence showed that no blood was found behind the seat in the defendant’s car. In addition, no money bag or knife was found in the area where the glove was found, even though a road improvement project was conducted on that stretch of the highway and both shoulders of the road were walked by the project engineer.

On appeal, the defendant first argues that his sixth amendment right to confrontation was violated. Specifically, he contends that the trial court erred when it refused to allow him to question State witnesses regarding their refusal to be interviewed by a defense investigator.

Although a -witness has a right to refuse to cooperate with or to be interviewed by the other side, that refusal can be shown in court to demonstrate bias, hostility, prejudice, or interest in the outcome. As such, the refusal to talk to the other side in advance of the trial is a proper matter to bring out on cross-examination. People v. Atteberry (1991), 213 Ill. App. 3d 851, 572 N.E.2d 434; see also People v. Timmons (1983), 114 Ill. App. 3d 861, 449 N.E.2d 1366; People v. VanZile (1977), 48 Ill. App. 3d 972, 363 N.E.2d 429.

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Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 240, 239 Ill. App. 3d 593, 180 Ill. Dec. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccollum-illappct-1993.