People v. Perez

587 N.E.2d 501, 225 Ill. App. 3d 54, 167 Ill. Dec. 232, 1992 Ill. App. LEXIS 68
CourtAppellate Court of Illinois
DecidedJanuary 21, 1992
Docket1- 89-1268
StatusPublished
Cited by9 cases

This text of 587 N.E.2d 501 (People v. Perez) 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. Perez, 587 N.E.2d 501, 225 Ill. App. 3d 54, 167 Ill. Dec. 232, 1992 Ill. App. LEXIS 68 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

After a jury trial, defendant John Perez was found guilty of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)(1) and sentenced to a 25-year term of imprisonment. Defendant contends on appeal that the circuit court erred in denying his motion to suppress statements on the grounds they were the fruit of an illegal arrest and involuntary. Defendant further contends that he was denied a fair trial when the State improperly introduced testimony that a key witness made a prior consistent statement and then argued later in closing that this witness was more credible because he consistently told the same story. We affirm.

Prior to trial, a hearing was held regarding defendant’s motion to suppress statements; the following evidence was produced.

Chicago police detective Robert O’Leary testified that on September 25, 1987, while investigating the homicide of the victim, Gerald Gains, he spoke with Garfield Birmingham. Birmingham told O’Leary that he sold drugs for a living from his apartment at 6241 North Kenmore, apartment No. 214 in Chicago, and that the victim, who had worked for him, was fired for using drugs. Birmingham further stated that he hired defendant and a man named Peter as bodyguards for his drug transactions. Defendant and Peter told Birmingham that they had a 9-millimeter chrome automatic handgun which they would point at customers while hiding during drug transactions. Birmingham gave O’Leary defendant’s address.

Detective Lawrence Thezan testified that he worked the evening shift of September 25, 1987, and that he also spoke with Birmingham. Birmingham told Thezan that defendant was in the building where the victim was shot and that defendant knew about the incident. Birmingham informed Thezan where defendant lived and that a 9-millimeter chrome handgun was in the apartment where they sold drugs. At the time of this conversation, Thezan was aware that the bullet which killed the victim came from a large caliber, semi-automatic pistol. Based on this information, Thezan and his partner, Detective Wojtowicz, went to defendant’s house. The detectives spoke with numerous individuals at the side of the building; a few of these individuals went into the building and retrieved defendant. The detectives identified themselves, told defendant why they were there and asked him if he would go to Area Six headquarters with them. Defendant agreed to go; he was not handcuffed.

At the station, now about 8 or 9 p.m., defendant was taken to an interview room on the second floor. There, the detectives explained to defendant what they knew and asked him if he had any information about the murder. Defendant told the detectives that he was at apartment No. 214 at 6241 North Kenmore with Peter on September 24, 1987. Defendant stated that Peter owned a 9-millimeter hand gun. Around 7 p.m. that evening, a Jamaican man known only as Earl-16 came to the apartment and asked if they had any beer. They did not, so Earl-16 and Peter gave defendant some money to purchase beer. The victim arrived and spoke with Earl-16. Defendant then left to go to the store.

Detective Thezan asked defendant if he knew where they could find Peter and Earl-16. Defendant said he knew that Peter was Jamaican but did not know where he lived or his phone number; if defendant ever needed to meet with Peter, he would see him in Jamaican bars. Defendant stated that he had no information on Earl-16.

After the detectives returned from their unsuccessful attempt to locate Peter and Earl-16, they again talked with defendant, who related that Peter kept the 9-millimeter gun in the toilet tank. Again, after defendant provided them with this information, the detectives left the station and went to the apartment to verify this lead. They were unable to locate the gun at the apartment but did find some papers with the victim’s name on them. During the time the officers were away, defendant remained in the police station.

Detective O’Leary testified that he arrived at work around 8:30 a.m. on September 26 and spoke with the midnight shift. At 9:30 a.m., O’Leary and his partner, Detective Kajari, went and spoke with defendant. Defendant told them that a man named “Cratches” came over to the apartment and asked for a couple of beers. Cratches then told defendant and Peter that Earl-16 had shot someone, perhaps Gaines. Defendant told the detectives that he could point out Earl-16’s apartment. The detectives and defendant then proceeded to where Earl-16 lived. The detectives exited the vehicle to see the apartment manager, who told them that a Jamaican named Herliz Vanzie lived in the building. The detectives went to his apartment but nobody was there. During this time, defendant remained unhandcuffed and alone in the back seat of the squad car.

On the way back to Area Six headquarters, the three stopped and got something to eat. At headquarters, the detectives checked their records on Herliz Vanzie and learned that he had the nickname of Earl. They again left the station and unsuccessfully tried to locate Earl-16. During this time, defendant remained in an interview room.

Detectives Thezan and Wojtowicz continued the investigation when their shift began around 4:30 p.m. on September 26. At this time, defendant was still at the police station, but according to Thezan was not in custody, was free to go at any time and did not ask to leave.

The detectives continued their search for Earl-16 during the night. Later that evening, Earl-16 was located and interviewed in a separate interview room. Thezan explained that defendant did not want to be seen by any individual being brought into the station. Earl-16 told the detectives about his presence in apartment No. 214 and that Cratches was a friend of his. He gave the detectives information as to where Cratches could be located, but the information proved unuseful. Thezan then went and got some hamburgers for defendant. Later that night, Detectives Thezan and Wojtowicz again talked to Birmingham, who came to Area Six. He said that he had been stabbed while looking for Peter. Birmingham was assisting the detectives in their search for Peter.

Detective O’Leary testified that when he started work on September 27 at 8:30 a.m., Cratches (Duane Sammons) was already there. Cratches was interviewed and stated that at Earl-16’s request, he had gone over to apartment No. 214 to get a couple of beers. Defendant and Peter were in the apartment. He got two beers and then returned to the apartment where Earl-16 was located. Following this interview, Detectives O’Leary and Thezan again tried to find Peter but were unsuccessful. Defendant remained in an interview room during this time.

When the detectives returned to the station, defendant told them that they might be able to find the gun under the refrigerator or in a vent on the stove at the apartment. No gun was found. The detectives brought food back for defendant, Earl-16 and Cratches, who were all in separate rooms. O'Leary stated that they did not let Earl-16 and Cratches know defendant was there in an attempt to protect defendant because he was the one that gave the detectives their names and other information regarding their possible involvement in the murder.

After eating, the detectives interviewed Earl-16 and Cratches again.

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Bluebook (online)
587 N.E.2d 501, 225 Ill. App. 3d 54, 167 Ill. Dec. 232, 1992 Ill. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perez-illappct-1992.