People v. Outlaw

384 N.E.2d 898, 67 Ill. App. 3d 327, 24 Ill. Dec. 31, 1978 Ill. App. LEXIS 3816
CourtAppellate Court of Illinois
DecidedDecember 13, 1978
Docket77-1898
StatusPublished
Cited by10 cases

This text of 384 N.E.2d 898 (People v. Outlaw) 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. Outlaw, 384 N.E.2d 898, 67 Ill. App. 3d 327, 24 Ill. Dec. 31, 1978 Ill. App. LEXIS 3816 (Ill. Ct. App. 1978).

Opinion

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

The defendant, Robert Outlaw, was indicted for the aggravated battery and attempt murder of Vernon Brooks, a Chicago police officer. He was found guilty by a jury and sentenced to a term of 50 to 100 years. His position is that he had no connection with the crime and that those who identified him as Officer Brook’s assailant were mistaken.

At issue here is whether the defendant was improperly deprived of an opportunity to present at trial several witnesses to testify that they saw the person who shot the police officer, but were unable to identify the defendant as that person. The defendant’s contention is that the trial court erred in granting the State’s motion in limine to preclude the defendant from calling such witnesses unless they were able to testify affirmatively that defendant was not the man they saw. He argues here that the effect of granting that motion was to exclude relevant evidence and to deprive him of his due process rights, as well as his sixth amendment right to compel witnesses to testify on his behalf.

The episode in question began with an armed robbery in a shoe store at 224 South Wabash in the city of Chicago. There were several witnesses to this occurrence. Moments after the robbery, Officer Brooks, who was in his squad car approximately a block from the shoe store, heard a radio call about the armed robbery. He drove to a nearby subway entrance because he regarded this as a likely escape route. He then heard a radio call and assumed the officers were chasing the robber because the officer speaking over the radio was panting. Exiting his vehicle, Officer Brooks observed a man running around the comer who fit the general description of the robber. As the suspect neared him, Officer Brooks grabbed the man. During the ensuing scuffle, the officer was shot in the abdomen and the felon escaped. Officer Brooks testified that 3 days after the incident he was shown photographs and recognized the defendant’s picture.

Four days after the shooting the defendant was arrested and brought to a police station. At about midnight, with his attorney present, the defendant, along with five or six other individuals, was placed in a lineup. Eight persons who were eyewitnesses to either the robbery or the shooting viewed the lineup, but none of these individuals identified the defendant as the perpetrator of either the robbery or the shooting. Later that morning, a second lineup was held. The defendant sat on the floor, instead of standing up, because his lawyer was no longer present. In that lineup a witness identified the defendant as the person who shot Officer Brooks.

Before any witness could testify at trial, the State presented a motion in limine to exclude reference to or evidence about the armed robbery at the shoe store which was allowed. This motion thus precluded the testimony of persons who were present at the shoe store during the robbery and who would testify that they were not able to say that the defendant was the robber.

At trial, Officer Brooks identified the defendant as the person who shot him. The officer testified that he observed nothing unusual about the defendant’s face other than that he had seen him in gun court about 2 weeks before the shooting. Another officer also testified that the defendant had been in gun court 15 days prior to the shooting.

The State called four other occurrence witnesses. Two of them identified the defendant as Officer Brooks’ assailant. The third witness testified that the defendant appeared to be the man who shot the officer, but admitted he could not be 100 percent sure of his identification. This witness was one of the eight witnesses who viewed the defendant at the original lineup, but he did not identify the defendant then. The fourth occurrence witness observed the shooting from her seat on a stopped bus while she was 20 to 30 feet from the place where it took place. She said that because of her seat on the bus she was above anyone between her and the scene, but she was not asked whether she could identify the defendant and she did not testify that the defendant shot Officer Brooks.

At the close of the State’s case the prosecutor expressed concern that several witnesses whom the defendant had subpoenaed were going to testify they were unable to identify the defendant as the person who shot Officer Brooks. The trial judge then expanded his earlier in limine order by stating that any eyewitness to the shooting who was present at the original lineup and said he was unable at that time to identify the defendant would not be permitted to testify unless he was prepared to say that the defendant was not the person who shot Officer Brooks.

The defendant’s counsel later again requested that the court permit him to introduce evidence that none of the eyewitnesses to the robbery, and none of the witnesses to the shooting who had attended the first lineup in which the defendant was viewed, could identify the defendant as the robber or as the officer’s assailant. Without a hearing to determine what these persons’ testimony would be, the court ruled that there was no probative value in their inability to identify the defendant and refused to permit these witnesses to testify. The defendant argues that by these rulings the court prevented him from presenting to the jury his defense of faulty identification by the State’s witnesses.

The issue to be resolved by the jury was one of identification— whether the defendant was the man who shot Officer Brooks. This appeal calls upon this court to determine whether the testimony of those who were unable to say whether the defendant was or was not the man was relevant to the question the jury had to decide.

In People v. Peter (1973), 55 Ill. 2d 443, 459, 303 N.E.2d 398, the supreme court instructed us that any circumstances may be put in evidence which tend to make the proposition at issue more or less probable. (See also McCormick, Evidence §185, at 437 (2d ed. 1972).) There can be little doubt that the man who robbed the shoe store was also the person who shot Officer Brooks. At trial the assistant state’s attorney, outside the presence of the jury, informed the court that “in my heart that man right there [the defendant] went into the shoe store and stuck it up.” The description given by witnesses to the shoe store robbery was used by the police to create the composite sketch of the man who shot Officer Brooks. Further, in oral argument before this court, the State conceded that it appeared that the man who shot Officer Brooks was also the shoe store robber. If the witnesses to the robbery had a clear opportunity to view the robber under good lighting conditions, their inability to identify the defendant tends to make his identification by others who witnessed the shooting a few minutes later less credible. And the inability of the witnesses to the robbery to testify that the defendant was not the robber did not render their testimony meaningless: instead, that not a single one of several eyewitnesses to the robbery was able to identify the defendant in fact detracted from the certainty of the defendant’s identification by witnesses to the shooting. Thus, because of the obvious connection between the robbery and the shooting, the exclusion of the testimony of the persons who witnessed the robbery was error.

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Cite This Page — Counsel Stack

Bluebook (online)
384 N.E.2d 898, 67 Ill. App. 3d 327, 24 Ill. Dec. 31, 1978 Ill. App. LEXIS 3816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-outlaw-illappct-1978.