People v. Nolan

773 N.E.2d 105, 332 Ill. App. 3d 215, 265 Ill. Dec. 743, 2002 Ill. App. LEXIS 555
CourtAppellate Court of Illinois
DecidedJune 28, 2002
Docket1-99-0846, 1-99-4197 cons.
StatusPublished
Cited by6 cases

This text of 773 N.E.2d 105 (People v. Nolan) 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. Nolan, 773 N.E.2d 105, 332 Ill. App. 3d 215, 265 Ill. Dec. 743, 2002 Ill. App. LEXIS 555 (Ill. Ct. App. 2002).

Opinion

JUSTICE QUINN

delivered the opinion of the court:

From April 1994 until November 1994, the Cook County State’s Attorney’s office, in conjunction with the Cook County sheriff’s department, conducted a drug operation investigation known as “Operation Hollywood.” The investigation led to the indictments of six individuals, Rose Nolan, Acquinetta Powell, Paul Campbell, Phyllis Odum, Ester Tanner and Marshall Collier, on counts of criminal drug conspiracy and possession of a controlled substance with intent to deliver. Following separate jury trials, defendant Nolan was found guilty of criminal drug conspiracy and was sentenced to 19 years’ imprisonment; defendant Powell was found guilty of criminal drug conspiracy and was sentenced to 12 years’ imprisonment.

On appeal, defendant Nolan argues that: (1) the trial court erred in summarily granting the State’s motion for substitution of judge; (2) she was deprived of a fair trial where the trial court informed the jury that she had a prior conviction; (3) she was deprived of a fair trial where the trial court allowed the introduction of evidence that codefendant Campbell had been carrying a gun; and (4) she must be resentenced where the trial court erroneously believed that a minimum sentence existed for the offense of criminal drug conspiracy.

On appeal, defendant Powell argues that: (1) the trial court erred in summarily granting the State’s motion for substitution of judge; (2) the trial court erred in failing to suppress defendant’s statements; and (3) she was not proven guilty beyond a reasonable doubt.

For the following reasons, we affirm the convictions and sentences of both defendants.

I. BACKGROUND

A. State’s Case

Kenneth Maicke, an investigator for the Cook County State’s Attorney’s office, testified that he supervised the “Operation Hollywood” narcotics investigation on the south side of Chicago. As part of the surveillance utilized in the operation, court-ordered wiretaps were installed and monitored on various phone lines.

Alan Nakayama testified that he was the senior supervisor in the narcotics section of the Cook County State’s Attorney’s office. Nakayama testified that he supervised the State’s Attorney’s “wire room,” where the phone calls were monitored during the investigation. He testified as to the chain of custody of various tapes and logs made in this surveillance. During the trial, the State presented 122 tapes of recorded conversations.

Paul Fellner, an Ameritech Corporate Security manager, identified the customer service records for Paul Campbell, defendant Nolan’s husband. The records were made in the usual course of business and dealt with two specified phone numbers. The addresses listed for the phones were 12747 South Parnell and 11439 South Union. He identified defendant Powell’s customer service records for a phone line which had been disconnected. He also identified the customer service records for two other specified phones.

Margaret Priester, a Cellular One employee, identified a specified phone number as being registered to defendant Powell.

Maurice Macklin testified that he was an investigator for the Cook County State’s Attorney’s office and was involved in “Operation Hollywood.” Macklin was the undercover officer involved in the price negotiation and purchases of cocaine with the various parties involved.

Macklin testified that on April 25, 1994, at approximately 1 p.m., he went to the residence of Phyllis Odum at 11520 South Aberdeen. Macklin inquired into the cost to purchase two ounces of cocaine. Odum made a phone call and then told Macklin it would cost $2,100. Macklin told her he would need it the next day. On April 26, Macklin arrived at Odum’s. Macklin saw Paul Campbell in Odum’s kitchen. Campbell then left and returned 15 minutes later. Odum left the kitchen and returned carrying two clear bags of suspect cocaine. Odum told Macklin that Campbell was “the man,” meaning that he was the source of the cocaine. Macklin paid her $2,100 for the purchase. After a positive field test, Macklin inventoried the drugs as evidence.

On May 5, 1994, Macklin called Odum and said he needed two ounces of cocaine. After the call, investigators surveying 12747 South Parnell, the residence of Paul Campbell and defendant Nolan, saw Campbell leave the house. Macklin arrived at Odum’s and discussed the price. Campbell then arrived at Odum’s and pulled a white envelope from his sleeve and handed it to Odum. Odum showed Macklin the opened envelope which contained two clear bags of suspect cocaine. After Macklin paid Odum $2,100, she took the money to Campbell. Campbell yelled out from a back bedroom that the money was straight and Macklin left. The field test performed on the purchase was positive for cocaine. The cocaine was then inventoried.

On June 8, 1994, Macklin called Odum and told her he was “coming through.” While at Odum’s, Macklin inquired as to the cost of a quarter kilo of cocaine. After making and receiving a phone call, Odum told Macklin the price would be $7,600. Macklin left, telling Odum he would contact her later. On June 9, Macklin talked to Campbell by phone and they agreed to a purchase to take place later that day at Odum’s. Surveillance at the residence of Campbell and Nolan saw Campbell leave and he arrived at Odum’s three minutes later. Campbell had a black bag which contained a brown-packaged, quarter kilo of suspect cocaine. Macklin took the package and gave Campbell the money. Campbell told Macklin to deal directly with him from that point and gave him a number where he could be reached. The package tested positive in a field test for cocaine.

On October 18, 1994, Macklin called Campbell and they met. Campbell and Macklin discussed future purchases and prices. Campbell sold Macklin an ounce of suspect cocaine for $850. Surveillance videotaped the meeting and the tape was shown to the jury.

Campbell and defendant Nolan subsequently moved residences and were now living at 11439 South Union. Surveillance was subsequently set up at that address on November 2, 1994. Wiretaps were approved on two phone lines at that address.

On November 7, 1994, Macklin again called Campbell’s number to purchase a quarter kilo of cocaine. He spoke with defendant Nolan and Tanner about the purchase. Four minutes later, defendant Nolan called defendant Powell and asked if she had a quarter “key” available. Powell replied that she did. Macklin called Nolan back and she told him that the quarter kilo would cost “7 bills” and to call her when he was close to the city. Campbell called Nolan minutes later and she informed him of the order, expressing some fear about Macklin. She said he was “too anxious.” Campbell told Nolan not to worry. Several phone calls took place during the next few hours between Campbell, Nolan and Powell. They discussed the price, quality and delivery of the drugs. Macklin contacted Campbell and it was decided that the two would meet at the McDonald’s on 114th Street. Macklin told Campbell he wanted to do a “half and half” transaction where he would tender half the money now and the other half after Campbell returned with the drugs. Campbell called defendant Nolan to inform her of the plan.

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Cite This Page — Counsel Stack

Bluebook (online)
773 N.E.2d 105, 332 Ill. App. 3d 215, 265 Ill. Dec. 743, 2002 Ill. App. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nolan-illappct-2002.