People v. Meares El

403 N.E.2d 547, 83 Ill. App. 3d 31, 38 Ill. Dec. 316, 1980 Ill. App. LEXIS 2662
CourtAppellate Court of Illinois
DecidedMarch 27, 1980
Docket78-1531
StatusPublished
Cited by15 cases

This text of 403 N.E.2d 547 (People v. Meares El) 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. Meares El, 403 N.E.2d 547, 83 Ill. App. 3d 31, 38 Ill. Dec. 316, 1980 Ill. App. LEXIS 2662 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE LINN

delivered the opinion of the court:

At the conclusion of a jury trial in the circuit court of Cook County, defendant, George Meares El, was found guilty of murder (Ill. Rev. Stat. 1977, ch. 38, par. 9 — 1). He was sentenced to 25 to 75 years imprisonment.

On appeal defendant contends the trial court committed reversible error by: (1) unduly restricting his right to cross-examine a State’s witness; (2) improperly allowing the State, during its case-in-chief, to produce evidence of his prior bad conduct and the victim’s good conduct; and (3) denying him a fair trial in allowing the State to present irrelevant and prejudicial information to the jury.

We affirm.

The evidence discloses that the incident occurred in the lobby of the LaSalle Plaza Hotel in. Chicago. The victim, Charles Lee, died of a knife wound inflicted in his left side. At trial, defendant claimed self-defense. He admitted stabbing Lee but alleged he did so in self-defense since Lee first attacked him with a dagger. This dagger was never found.

The State’s witness, Robert Williams, testified that on the morning of June 17,1976, he was working as desk clerk at the LaSalle Plaza Hotel. At approximately 11:45 a.m., he saw Lee enter the hotel where Lee met the defendant who had been standing in the lobby for a short while. No one else was in the lobby area. Both the defendant and Lee were residents of the hotel.

Williams heard the defendant and Lee arguing over a debt of $20 that defendant claimed was due him from Lee. During the course of the argument, Williams went to answer his telephone, which was located behind a plywood partition that separated his desk from the hotel lobby and blocked his view into the lobby. When he returned to his original position, he saw Lee standing against the wall with blood flowing down his left leg. Defendant was standing nearby. Williams walked over to Lee and held him so that he would not fall. Williams did not see any weapons or knives being held by either Lee or defendant, nor did he see any on the floor.

Together with defendant, Williams attempted to carry Lee to the Henrotin Hospital located a block and a half from the hotel. Just before they reached the hospital, Lee collapsed. Williams ran into the hospital for help. When he returned to Lee he noticed that defendant had left. Lee was taken into the hospital where he was pronounced dead on arrival.

Several police officers testified on behalf of the prosecution. Officer Raymond Cowell testified that at the hospital he inspected the clothing and other personal effects of Lee and found no weapons. Officer Jack Runyon testified that while investigating the scene of the incident he did not find any knives or other weapons that may have been used in the fatal wounding of Lee. Further testimony disclosed that several police officers, after arriving at the hotel, went to defendant’s room and upon being admitted by defendant they placed him under arrest. As defendant was being led from the hotel, he asked the police, “The man I cut, is he dead?”

Inside defendant’s hotel room the police found a hunting knife in a sheath, a stained towel, and a small notebook that was open to a page indicating that the defendant had recently loaned $45 to a man named “Charles”, with a notation that either $20 or $25 had been repaid (defendant later admitted that this page referred to Charles Lee). These items were admitted into evidence. Expert testimony at trial established that the knife found in defendant’s room had traces of blood on it, but an insufficient amount to determine a blood type, and that the knife could have been used to inflict the type of wound that caused Lee’s death.

Defendant testified on his own behalf. He asserted that he was talking to Lee in the hotel lobby and was inquiring when Lee would repay him the $45 owed him when suddenly, and without forewarning, Lee attacked him with a dagger. Defendant alleged he then reached into his pocket and took out a pocket knife that he carried with him at all times, opened it, and while defending himself from Lee’s attack, stabbed Lee before Lee could injure him. Defendant denied that the knife found in his room was the weapon he used to wound Lee. Defendant said that after Lee was stabbed both of them dropped their knives on the hotel lobby floor.

In rebuttal, Investigator Joseph Stachula, testifying on behalf of the State, asserted that shortly after the arrest, defendant told him that Lee and he had been fighting, that he had struck Lee, who then fell on a piece of broken glass and cut himself. Stachula said he then told defendant that the wound that killed Lee could not have been caused by a piece of glass; whereupon, defendant related that he had stabbed Lee in self-defense since he was being attacked by Lee.

Opinion

I

Defendant first contends the trial court committed reversible error in unduly restricting his right to cross-examine the State’s principal witness, Robert Williams, as to Williams’ past or present drug use. The State asserts that the defendant failed to preserve this issue for appeal since the record discloses that the trial court at no time made a final ruling on the issue, and additionally that the defendant failed to raise this issue in his written motion for a new trial. We believe the State’s position to be correct.

The record clearly indicates that defense counsel began Ms cross-examination of Williams by asking him whether he was now using or ever had used narcotics. Williams denied present, but admitted past use. The State, contending it was taken by surprise by Williams’ response, requested a side-bar conference with the trial judge. After a brief discussion, a hearing outside the presence of the jury was held in chambers. There, defense counsel was allowed to question Williams as to Williams’ drug use. Williams testified he had used heroin but stopped using it in 1971. He also admitted to the recent use of a prescription drug, Talwin, which he claimed he used for relief of back pain. Williams said that at one time he had a prescription for Talwin but that he no longer had one. Williams was also required to display Ms arms so that the trial judge could ascertain whether they bore recent scars that might disclose the use of narcotics. The trial judge commented that he noticed no scars of recent origin.

Defense counsel insisted he had a right to pursue, before the jury, this line of cross-examination of such use directly attacked the credibility of the witness. 1 The prosecution argued that before such cross-examination could be pursued, defense counsel was required to lay a foundation showing the witness to be addicted to narcotics. The trial judge, without making a final ruling, concluded the conference by saying, “I’ll take the matter under advisement at this moment. In the meantime there will be no further questions related to anything that was discussed in chambers * # # ”

Thereafter, the trial continued with no further mention of the issue. Defendant never again asked the trial judge to render a final ruling on the matter. After the conclusion of the trial, a subsequent oral motion for a new trial was made.

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Bluebook (online)
403 N.E.2d 547, 83 Ill. App. 3d 31, 38 Ill. Dec. 316, 1980 Ill. App. LEXIS 2662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meares-el-illappct-1980.