People v. Page

620 N.E.2d 339, 156 Ill. 2d 258, 189 Ill. Dec. 371, 1993 Ill. LEXIS 48, 1993 WL 209967
Illinois Supreme Court·Decided June 17, 1993·No. 71893·Published·Cited by 89 cases

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

On July 21, 1987, defendant, Patrick Page, was indicted in Cook County for two counts of murder, two counts of armed violence and one count of armed robbery. The armed violence counts were dismissed prior to trial. Following a jury trial, defendant was found guilty of the murder and armed robbery of Charles Howell. After finding defendant eligible for the death penalty based on two statutory aggravating factors, the jury found there were insufficient mitigating factors to preclude imposition of the death sentence. Defendant was sentenced to death, as well as to an extended term of 60 years’ imprisonment for the armed robbery conviction. The death sentence was stayed (134 Ill. 2d R. 609(a)), pending direct appeal to this court (Ill. Const. 1970, art. VI, §4(b); 134 Ill. 2d R. 603).

The State adduced the following evidence at trial. Joan Howell testified that on the evening of October 3, 1985, she was at her residence in Park Forest, Illinois, with her 19-year-old son, Charles. At approximately 7:30 p.m., Charles received a telephone call and decided to go out, telling his mother that he had a chance to make $25. When Charles left that evening, he was wearing blue jeans, a charcoal-grey shirt, a blue jean jacket, a vest and a black leather wristband. Mrs. Howell stated that Charles left in a brown Camaro which she believed belonged to him. 1 tylrs. Howell testified that after Charles left home on the evening of October 3, 1985, she never saw him again. In July 1987, police informed her that her son’s body had been found buried in the woods in Park Forest.

Michelle Kury testified that she had dated defendant in the summer and fall of 1985. On a night in early October 1985, Kury, defendant, Gerald Feinberg and Howell were present in the basement of defendant’s mother’s home. Kury stated that the group was “just sitting around drinking, and then [defendant] was running up and down the stairs, making phone calls.” Defendant stated that he had arranged a meeting with some teenagers in the forest preserve behind Dogwood School to make a marijuana deal. According to Kury, defendant, Feinberg and Howell .left at approximately 9 p.m. The following morning between 2 and 3 o’clock defendant and Feinberg returned to the Page residence. When Kury asked where Howell was, defendant stated that Howell had met one of his friends and had gone to stay with him for a few days, leaving his car with defendant. Kury stated that the defendant looked “scuffed up” when he returned home, but she did not see any blood on him. Later that morning, Kury saw Charles Howell’s car on the street outside the Page residence. Kury testified that defendant drove Howell’s car for several days and after unsuccessfully trying to sell it to a friend of hers, defendant finally sold it to a junkyard in south Chicago. In the days following Hoyvell’s disappearance, defendant told Kury that Howell might have gone to Calumet City with some friends or that he might have gone to look for Andrew Devine.

Sergeant James Keith of the Olympia Fields police department testified that he arrested defendant on May 16, 1987, in connection with a separate investigation he was conducting. Sergeant Keith and Cook County Assistant State’s Attorney David Sterba spoke with defendant at the Olympia Fields police department on the morning of May 19, 1987, concerning Charles Howell’s disappearance. After being advised of his Miranda rights, defendant told them that he and Gerald Feinberg had taken Howell to a forest preserve where they stabbed him to death and buried him.

Sergeant Keith further testified that defendant accompanied him, Sterba and Sergeant Marsala to Thorn Creek Woods on May 19, 1987, to search for the burial site. Because of overgrowth and standing water, they were unable to find Howell’s body at that time. Sergeant Keith stated that he was involved in three or four other futile attempts to find Howell’s grave before it was finally discovered on July 1, 1987, in the clearing area where defendant and Feinberg had indicated.

Sterba testified defendant stated that he and Feinberg had planned to kill Howell in order to cover up their participation in the murder of Andrew Devine. Defendant told Sterba that he and Feinberg planned Howell’s murder by drawing a map of the area where they would bury him, taking shovels from defendant’s home and from the home of a neighbor, going to that site in advance to dig a hole, and luring Howell to the site under the pretense of having a party and engaging in a transaction there. According to Sterba, defendant said that he stabbed Howell and that Feinberg hit him in the head with a piece of wood.

Sterba testified that he spoke with defendant again on the afternoon of May 19. Defendant stated that he and Feinberg had killed Howell because Howell had been a roommate of Andrew Devine and that Devine’s disappearance would raise questions in Howell’s mind. Defendant agreed to give a statement to a court reporter, which began at 4:20 p.m. that day. Defendant’s court reported statement, which was consistent with his oral statements but included additional details, was read to the jury.

Defendant indicated in the statement that he drew a map of the woods in Park Forest on his basement floor in order to show where they would bury Howell. The same day that he drew the map, defendant and Feinberg went to the woods to dig the hole where they ultimately buried Howell. In defendant’s statement, he admitted stabbing Howell once in the chest. Defendant stated that Howell tried to run and that Feinberg then hit him 10 to 15 times in the head with a stick the size of a baseball bat. Defendant checked Howell’s pulse and, finding none, he and Feinberg laid Howell in the hole that they had dug and covered him with dirt. They placed some branches over the grave, and burned them by starting a fire with lighter fluid.

According to defendant’s statement, Feinberg took Howell’s car keys from the pocket of Howell’s jeans prior to burying him, and gave the keys to defendant as they were leaving the woods. Defendant stated that he wanted the keys because Howell’s car was parked in front of his house. Defendant’s statement described in detail the clothes Howell was wearing the night they murdered him, including the “punk rocker” wristband.

Defendant’s statement revealed that upon returning to his house, he and Feinberg “smoked some pot and then cruised around in [Howell’s] car for awhile.” Defendant stated that he changed clothes and washed what he had been wearing because it was dirty. Defendant kept Howell’s car for three or four days before selling it to a junkyard in Chicago Heights for $50.

Robert Maeyama testified that on May 19, 1987, he was the police captain in charge of field operations for the Village of Park Forest. On that date, he twice went to defendant’s residence to obtain evidence of the map drawn on the basement floor. On the first occasion, after receiving permission to search the residence from defendant’s mother, Maeyama took photographs of the basement floor but was not satisfied with their clarity. Maeyama therefore left defendant’s residence and enlisted the aid of Cook County evidence technicians who had more sophisticated camera equipment.

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People v. Page, 620 N.E.2d 339, 156 Ill. 2d 258, 189 Ill. Dec. 371, 1993 Ill. LEXIS 48, 1993 WL 209967 (Ill. 1993).

620 N.E.2d 339 (People v. Page) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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