People v. Peoples

880 N.E.2d 598, 377 Ill. App. 3d 978, 316 Ill. Dec. 862, 2007 Ill. App. LEXIS 1267
Appellate Court of Illinois·Decided November 30, 2007·No. 1-05-0472·Published·Cited by 33 cases

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Following a jury trial, defendant Christopher Peoples was convicted of first degree murder and home invasion in connection with the shooting death of Brian Campbell. Defendant’s 75-year sentence for the murder included a 25-year enhancement under the “15/20/25-to-life” statutory sentence enhancements in section 5 — 8—1(a)(1)(d) of the Unified Code of Corrections (730 ILCS 5 — 8—l(a)(l)(d)(i) through (a)(l)(d)(iii) (West Supp. 2005). Defendant also was sentenced to a consecutive term of 10 years for home invasion, for a total sentence of 85 years in prison. On appeal, defendant contends that the admission of a police detective’s testimony about a statement by a nontestifying party violated his constitutional right to face witnesses against him under the confrontation clause (U.S. Const., amend. VI; 111. Const. 1970, art. I, §8). For the reasons stated below, we affirm defendant’s conviction.

BACKGROUND

Defendant, James Mitchell and Marcel White were charged with killing Campbell. The following relevant evidence was adduced at defendant’s trial, which was held simultaneously with that of Mitchell, with separate juries. White was tried separately from defendant and Mitchell.

Ninner Powers, Campbell’s wife, testified that at about 8:30 p.m. on May 8, 2002, Mitchell, White and a third man came to the apartment where she lived with Campbell. The men accused her and Campbell of selling drugs for a rival gang. Powers testified that she had known Mitchell since his childhood. Powers also told Chicago police the nicknames of Mitchell and White and identified them in police photographs. She did not know the third man, who, according to her account, shot Campbell three or four times.

Powers described the third man to police as an African-American male in his twenties with brown eyes, dark hair and a dark complexion and wearing a black coat. Later that evening, Powers gave a more specific description, stating that the gunman had an “afro” hairstyle and a medium complexion and was between 5 feet 10 inches and 6 feet tall and weighed between 200 and 220 pounds. Powers also told police that the man had a stocky, muscular build and either had a gap in his teeth or a missing front tooth.

Powers viewed a police photo array on May 17, 2002, but did not identify anyone. On August 15, 2002, Powers was shown a second photo array and identified defendant as the shooter. She also identified defendant in a police lineup on September 6, 2002.

The defense presented the testimony of defendant’s girlfriend, brother and sister-in-law that defendant was elsewhere on the night of the offense. Those witnesses also testified that defendant did not resemble the description of the third offender that Powers gave to police. The witnesses stated that defendant had a gold tooth and that he never wore an “afro” hairstyle. Defendant testified, inter alia, that he lived two blocks from the crime scene but denied involvement in the shooting. He acknowledged that he had a space between his teeth.

This appeal centers on the testimony of Chicago police detective John Halloran and his description of his interview of Marcel White. Detective Halloran testified that, shortly after the shooting, Powers told him she had known two of the offenders for about 20 years and that their nicknames were “Pooh Butt” and “Duke.” Powers also provided police with the address of “Duke.” Detective Halloran knew “Pooh Butt” to be Mitchell. Using that information, Detective Hallo-ran searched police department records and retrieved the name of Marcel White (“Duke”). Detective Halloran also retrieved photographs of Mitchell and White that Powers identified.

Detective Halloran stated that on May 11, 2002, three days after the shooting, he learned that White had been arrested. Detective Halloran’s testimony continued:

“MR. GOUTOS [Assistant State’s Attorney]: Did you speak with Marcel White?
A. I did.
Q. After speaking with Marcel White, did you have an opportunity to then put together a photo array?
A. I did.
Q. When you put that photo array together, can you tell us how it was that you came to put certain pictures in there?
A. After speaking with Marcel White, myself and other partners went to the computer data base in an attempt to identify the third suspect through the portion of a name of Chris and of the fact [szc] that he either lived or had been arrested in the immediate area of the crime. We were able to come up with Christopher Peoples who lived at 5026 South Union, which is only a few blocks from the incident.
Q. And did you place that photo in the photo array?
A. Yes, we did.”

ANALYSIS

On appeal, defendant asserts that the admission of Detective Halloran’s testimony violated the rule set out in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004). In Crawford, the United States Supreme Court analyzed the confrontation clause, which ensures a defendant the right to confront the witnesses against him. U.S. Const., amend. VI; Ill. Const. 1970, art. I, §8. The Court reasoned that the statement of an “accuser” to a government officer is akin to sworn courtroom testimony. Crawford, 541 U.S. at 51, 158 L. Ed. 2d at 192-93, 124 S. Ct. at 1364. The safeguards set out in Crawford allow the admission into evidence of such a testimonial statement by a witness who is not present at trial only if (1) the witness is unavailable; and (2) the defendant had the opportunity to cross-examine the witness at the time of the statement. Crawford, 541 U.S. at 68, 158 L. Ed. 2d at 203, 124 S. Ct. at 1374.

Defendant argues that Detective Halloran’s testimony resulted in the admission of an inadmissible hearsay statement by White that the third person involved in the crime was named “Chris” and that “Chris” lived in or was arrested in the area of the shooting. Defendant contends that due to the manner in which those statements were admitted, his counsel could not cross-examine White, and he asserts that the testimony “improperly bolstered” Powers’ account of the offense.

We first address whether defendant has forfeited review of this issue. Issues raised on appeal are preserved for review by objecting during trial and filing a written posttrial motion raising the alleged error. People v. Enoch, 122 Ill. 2d 176, 186, 522 N.E.2d 1124, 1130 (1988). Defendant concedes that he did neither, nor did he seek a limiting instruction as to the testimony, which will be more fully discussed below. However, defendant asks us to consider his assertions under the plain error doctrine, which allows a court to consider a forfeited error that “affects substantial rights” in two circumstances. People v. Herron, 215 Ill.

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

People v. Peoples, 880 N.E.2d 598, 377 Ill. App. 3d 978, 316 Ill. Dec. 862, 2007 Ill. App. LEXIS 1267 (Ill. Ct. App. 2007).

880 N.E.2d 598 (People v. Peoples) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Martin
2024 IL App (4th) 231154-U (Appellate Court of Illinois, 2024)
People v. Fenner
2024 IL App (1st) 230645-U (Appellate Court of Illinois, 2024)
Taylor v. City of Chicago
2024 IL App (1st) 221232 (Appellate Court of Illinois, 2024)
In re W.L.
2022 IL App (1st) 220237-U (Appellate Court of Illinois, 2022)
People v. Phillips
2022 IL App (1st) 181733 (Appellate Court of Illinois, 2022)
In re B.R.
2022 IL App (2d) 210637-U (Appellate Court of Illinois, 2022)
People v. Pierce
2020 IL App (1st) 182043-U (Appellate Court of Illinois, 2020)
People v. Peoples
2020 IL App (1st) 161068-U (Appellate Court of Illinois, 2020)
People v. Johnson
2020 IL App (1st) 170585-U (Appellate Court of Illinois, 2020)
People v. Suarez
2020 IL App (1st) 171810-U (Appellate Court of Illinois, 2020)
People v. Irwin
2017 IL App (1st) 150054 (Appellate Court of Illinois, 2017)
People v. Oglesby
2016 IL App (1st) 141477 (Appellate Court of Illinois, 2017)
People v. Risper
2015 IL App (1st) 130993 (Appellate Court of Illinois, 2015)
Silverberg v. Haji
2015 IL App (1st) 141321 (Appellate Court of Illinois, 2015)
People v. Schlott
2015 IL App (3d) 130725 (Appellate Court of Illinois, 2015)
People v. Whitfield
2014 IL App (1st) 123135 (Appellate Court of Illinois, 2014)
People v. Littleton
2014 IL App (1st) 121950 (Appellate Court of Illinois, 2014)
People v. Theis
2011 IL App (2d) 091080 (Appellate Court of Illinois, 2011)
People v. Nugen
926 N.E.2d 760 (Appellate Court of Illinois, 2010)
People v. Lovejoy
919 N.E.2d 843 (Illinois Supreme Court, 2009)