People v. Pace

517 N.E.2d 299, 163 Ill. App. 3d 1012, 115 Ill. Dec. 97, 1987 Ill. App. LEXIS 3734
CourtAppellate Court of Illinois
DecidedDecember 10, 1987
Docket4—86—0810, 4—86—0811 cons.
StatusPublished
Cited by4 cases

This text of 517 N.E.2d 299 (People v. Pace) 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. Pace, 517 N.E.2d 299, 163 Ill. App. 3d 1012, 115 Ill. Dec. 97, 1987 Ill. App. LEXIS 3734 (Ill. Ct. App. 1987).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

On March 14, 1986, Philip Wilken, a correctional officer at Pontiac Correctional Center, was stabbed by inmates, receiving serious injuries. Selwyn Page and Selma Geder were indicted on various counts of attempt (murder), aggravated battery, and armed violence. Their cases were consolidated for trial. Defendants Lawyer Pace and Christopher Robinson were charged with various counts of conspiracy to commit murder (Ill. Rev. Stat. 1985, ch. 38, pars. 8—2(a), 9—1(a)(1)), conspiracy to commit aggravated battery (Ill. Rev. Stat. 1985, ch. 38, pars. 8—2(a), 12—4(b)(6)), solicitation to commit murder (Ill. Rev. Stat. 1985, ch. 38, pars. 8—1(a), 9—1(a)(1)), and solicitation to commit aggravated battery (Ill. Rev. Stat. 1985, ch, 38, pars. 8—1(a), 12—4(b)(6)). The jury returned verdicts of guilty and the court entered a judgment of conviction on one count of conspiracy to commit aggravated battery for each defendant. The defendants were each sentenced to a term of six years to be served consecutively to their current prison terms.

The defendants appeal their conviction and in support thereof argue: (1) they were not proved guilty of conspiracy to commit aggravated battery beyond a reasonable doubt; (2) they were denied effective assistance of counsel; (3) the trial court improperly excluded identification testimony; and (4) the prosecutor committed reversible error by commenting on witnesses’ fear of retaliation. We affirm.

As the facts of this case were discussed at great length in the disposition of codefendants Selma Geder and Selwyn Page (People v. Page (1987), 163 Ill. App. 3d 959), only those pertinent to this disposition shall be reiterated. Additionally, issues (3) and (4) were disposed of in the codefendants’ disposition. Consequently, we shall only address defendants’ arguments concerning reasonable doubt and ineffective assistance of counsel.

REASONABLE DOUBT

The defendants Pace and Robinson maintain their convictions were based upon the uncorroborated testimony of Wilbert Cooley, an accomplice, and thus cannot stand.

A criminal conviction will not be set aside on appeal unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt. (People v. Collins (1985), 106 Ill. 2d 237, 261, 478 N.E.2d 267, 278.) The Illinois Supreme Court has adopted the standard enunciated in Jackson v. Virginia (1979), 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789, which provides that evidence must be viewed “in the light most favorable to the prosecution” and if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt” the conviction must be affirmed. (443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789; Collins, 106 Ill. 2d at 261, 478 N.E.2d at 278.) Additionally, upon review, “ ‘all of the evidence is to be considered in the light most favorable to the prosecution.’ ” (Emphasis omitted.) Collins, 106 Ill. 2d at 261, 478 N.E.2d at 278, quoting Jackson v. Virginia (1979), 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789.

The testimony of an accomplice, either corroborated or uncorroborated, can be sufficient to sustain a conviction if the jury is convinced beyond a reasonable doubt. (People v. Newell (1984), 103 Ill. 2d 465, 469 N.E.2d 1375; People v. Wilson (1977), 66 Ill. 2d 346, 362 N.E.2d 291.) Whether such testimony forms a sufficient basis for conviction goes to the weight of the evidence. As such, it is properly a function within the province of the jury. Newell, 103 Ill. 2d 465, 469 N.E.2d 1375; Wilson, 66 Ill. 2d 346, 362 N.E.2d 291.

Although accomplice testimony is competent, it is often fraught with serious problems. The accomplice may have been promised leniency or harbor ill will towards the accused. Consequently, it only should be accepted with the utmost caution and subjected to the highest scrutiny. Newell, 103 Ill. 2d 465, 469 N.E.2d 1375; see also People v. Krankel (1985), 131 Ill. App. 3d 887, 476 N.E.2d 777.

Defendants insist that where an accomplice’s testimony is uncorroborated, it must carry an “absolute conviction of truth.” (People v. Hermens (1955), 5 Ill. 2d 277, 125 N.E.2d 500.) Although the “absolute conviction of truth” language has been used in assessing accomplice testimony, the prevailing test is whether the uncorroborated accomplice testimony establishes the guilt of defendant beyond a reasonable doubt. (Newell, 103 Ill. 2d 465, 469 N.E.2d 1375.) The credibility and weight afforded such testimony is an issue for the jury.

At trial, Cooley testified that Pace, a higher ranking member of Brothers of the Struggle gang (BOS), appointed him to the position of chief of security. Approximately 10 days later, Pace told Cooley to arrange a “hit” on a correctional officer. Pace provided Cooley with pertinent information regarding who was to do the hit, who was to be hit, the extent of injuries, and where to obtain the weapon. Pace specifically told Cooley that Officer Mesch could not be hit because Pace would then be suspected.

Officer Mesch testified that on March 11, 1986, some three days prior to the incident, he issued a disciplinary ticket against Lawyer Pace. The ticket resulted in Pace’s loss of commissary privileges for 30 days.

Evidence at trial further indicated that Christopher Robinson was Cooley's assistant for gang security matters. Cooley claimed that Robinson recruited inmate Selwyn Page to participate in the attack after Hilliard and Jackson backed out. Cooley stated that Robinson initially offered to do the hit, but Cooley discouraged him. Robinson denied any participation, but admitted membership in BOS.

As noted in our disposition of Page and Geder, Cooley freely admitted that he initially lied to prison investigators, and that he expected leniency for his cooperation with the prosecution. There was, however, no evidence of any promises or deals between Cooley and the prosecutor. Additionally, the record fails to reflect any particular motive on behalf of Cooley to testify against the defendants. We previously indicated the credibility problems inherent in prison cases are properly within the province of the jury. Where a jury finds guilt beyond a reasonable doubt based upon the testimony of an inmate-accomplice, we are not in a position to reweigh the evidence. The evidence presented here, when viewed per the Collins standard of review, is sufficient to prove guilt beyond a reasonable doubt.

INEFFECTIVE ASSISTANCE OF COUNSEL

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Bluebook (online)
517 N.E.2d 299, 163 Ill. App. 3d 1012, 115 Ill. Dec. 97, 1987 Ill. App. LEXIS 3734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pace-illappct-1987.