People v. Molsby

383 N.E.2d 1336, 66 Ill. App. 3d 647, 23 Ill. Dec. 309, 1978 Ill. App. LEXIS 3706
CourtAppellate Court of Illinois
DecidedNovember 17, 1978
Docket62648
StatusPublished
Cited by30 cases

This text of 383 N.E.2d 1336 (People v. Molsby) 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. Molsby, 383 N.E.2d 1336, 66 Ill. App. 3d 647, 23 Ill. Dec. 309, 1978 Ill. App. LEXIS 3706 (Ill. Ct. App. 1978).

Opinion

Mr. JUSTICE WILSON

delivered the opinion of the court:

After a jury trial, defendant, a Chicago police officer, was convicted of possession of a controlled substance and of cannabis and was sentenced to serve concurrent terms of 1 to 3 years and 6 months in the penitentiary. His appeal originally raised 12 separate issues. Three have been stricken on the State’s motion for failure to file transcripts of certain pretrial proceedings and a fourth apparently has been incorporated into another of the issues. The remaining issues are whether a verdict of guilty may be sustained: (1) when the trial court has denied the motion of the defense to produce an informer; (2) when the trial judge has refused to allow a search warrant into evidence; (3) when the State has withheld evidence from the defense; (4) when the trial court has refused to allow the defendant to put on evidence regarding his character; (5) where the prosecution has demeaned the character of a defense witness; (6) when the trial court has limited the defense in putting on evidence; (7) where based on allegedly false and perjured testimony; and (8) when the trial court has refused to offer certain instructions of the defense. We affirm.

State’s Case

The evidence for the State indicates that on the night of February 2, 1972, several members of the “D” squad, a special group of law enforcement officers formed to seek out Chicago police officers engaged in illegal narcotics trafficking, went to 7150 South Cyril to execute a search warrant on the person of John Finley, a known narcotics user and dealer, and on his apartment. The search warrant had been issued on the basis of information provided by an informer. The informer had told Special Agent Charles McKissack of the Illinois Bureau of Investigation (IBI) that he had purchased heroin from Finley in his apartment. Several officers testified that they had information that a police officer by the name of Adolph also was present at the time of the sale. However, his name was not mentioned in the search warrant. Officer Floyd Turner testified that this information was not mentioned in the search warrant because the “D” squad was a confidential unit and they did not want to reveal anything until the officer was apprehended.

At approximately 8:40 p.m. on the evening in question, the informer apparently told several of the officers that Finley and Adolph were selling drugs in Finley’s apartment. At 8:45 p.m., Agents McKissack and Coleman of the IBI, Sergeants Turner, Mosely, and Williams of the Chicago Police Department’s Internal Affairs Division, Assistant State’s Attorney Louis Bianchi, and others entered the building at 7150 South Cyril. They proceeded to Finley’s apartment to conduct the search. Upon entering, the officers saw three children “huddled up” next to two women in the living room. Neither Finley nor Adolph was present.

During the search, Turner had left the apartment to check a vehicle parked outside the building. On his return, he saw defendant and Finley entering the building. The three of them took the elevator to the 5th floor. When Finley got off, one of the officers said, “There is Finley.” Defendant then left the elevator and went in the opposite direction through a door and down a staircase. Turner followed defendant and, after announcing that he was a police officer, ordered him back up the stairs. When defendant returned, Coleman came over to give assistance to Turner. Defendant told Turner that he was a police officer and that his name was Adolphus Molsby. Turner then said, “Aw, Adolph”, or “Adolphus.” He said that he was familiar with the name “Adolph” because of information previously provided by the informer. On cross-examination, he stated that he had told the grand jury that the officer was known as Adolphus Molsby.

After giving his name, defendant asked if he could get “a break.” Turner then took two bags containing food from him and removed his service revolver. Defendant again asked for “a break.” Turner then searched defendant’s pockets and found a small tinfoil packet and a coin-type manila envelope containing marijuana. After this was discovered, defendant once again asked for “a break.” He was placed under arrest.

Turner and Coleman then took defendant into the washroom of Finley’s apartment to conduct a more thorough search. Mosely also was present during this search. While removing his coat, defendant reached into the inside pocket. Turner ordered him to remove his hand and when he did, Turner reached in and discovered a small tinfoil packet of heroin in the pocket. Upon his further search, Turner discovered a pipe containing a residue of marijuana and a vial containing traces of cocaine in defendant’s coat and a matchbook containing a marijuana cigarette in defendant’s pants. Defendant continued to ask for “a break” throughout the search. At one point, Mosely told him to talk to Bianchi, but defendant did not respond to this suggestion.

At the completion of the search, defendant told Turner that the coat did not belong to him. He said that he had just “grabbed” it from a pile of clothes that were on the bed, and that he had put his own coat in the bedroom closet. Turner testified that both the coat and pants seemed to fit defendant. Nevertheless, the officers searched the bedroom closet, but they did not find any men’s clothing. Defendant then said that his coat was in the closet by the bathroom. The officers searched that closet, but they did not find defendant’s coat. Turner then told defendant to tell them the truth. Defendant stated that he worked as a security guard at a school and had taken the drugs from some students. He said that he had simply neglected to inventory the drugs.

Later that evening, Turner left the apartment with defendant. Before returning to the “D” squad’s headquarters, he stopped to search defendant’s car. He found nothing unusual in the car. On cross-examination, he stated that he found some clothing in the trunk of the car.

Defendant’s Case

The evidence for the defense indicates that at either 7 or 8 p.m. on February 2, 1972, defendant arrived at Finley’s apartment with his girl friend, Andrea Scott, and her child. When they arrived they noticed several moving boxes and many items of clothing piled on the bed. Finley, defendant’s brother-in-law, asked defendant to help him move his belongings to his mother’s house. Defendant agreed to help, but he said that he did not want to soil the clothes which he was wearing. Finley then offered to let defendant wear some of his clothes. Defendant put on a coat and a pair of pants, and began to take some of the boxes down to his car.

Several witnesses who had seen defendant earlier in the evening were shown a photograph which was taken of defendant after his arrest. They testified that the clothes which he was wearing in the photograph were not the same as the clothes he was wearing when they had seen him. Scott, who had been with defendant throughout the evening, and Finley also testified to the change in clothing.

Defendant testified that after he had changed into Finley’s clothing, he took his own clothing and put it into the trunk of his car. He said that he removed his service revolver and star folder from the pants, but he left his wallet and his money in his pants.

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

Related

People v. Jones
2024 IL App (1st) 221555 (Appellate Court of Illinois, 2024)
People v. Bonds
908 N.E.2d 102 (Appellate Court of Illinois, 2009)
People v. Sipp
Appellate Court of Illinois, 2008
People v. Wheeler
Illinois Supreme Court, 2007
McCall v. Devine
Appellate Court of Illinois, 2002
People v. Rogers
636 N.E.2d 565 (Appellate Court of Illinois, 1992)
People v. Anderson
601 N.E.2d 831 (Appellate Court of Illinois, 1992)
People v. Reece
591 N.E.2d 993 (Appellate Court of Illinois, 1992)
People v. Keefe
567 N.E.2d 1052 (Appellate Court of Illinois, 1991)
People v. Velez
562 N.E.2d 247 (Appellate Court of Illinois, 1990)
People v. Davis
519 N.E.2d 103 (Appellate Court of Illinois, 1988)
People v. Campos
507 N.E.2d 1342 (Appellate Court of Illinois, 1987)
Town of Normal v. Bowsky
492 N.E.2d 204 (Appellate Court of Illinois, 1986)
People v. Varellas
486 N.E.2d 388 (Appellate Court of Illinois, 1985)
People v. Newell
481 N.E.2d 1238 (Appellate Court of Illinois, 1985)
People v. Visgar
457 N.E.2d 1343 (Appellate Court of Illinois, 1983)
People v. Bolla
448 N.E.2d 996 (Appellate Court of Illinois, 1983)
People v. Son
443 N.E.2d 1115 (Appellate Court of Illinois, 1982)
People v. Lane
436 N.E.2d 704 (Appellate Court of Illinois, 1982)
People v. Garcia
420 N.E.2d 482 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
383 N.E.2d 1336, 66 Ill. App. 3d 647, 23 Ill. Dec. 309, 1978 Ill. App. LEXIS 3706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-molsby-illappct-1978.