People v. Redmond

793 N.E.2d 744, 341 Ill. App. 3d 498, 275 Ill. Dec. 973, 2003 Ill. App. LEXIS 841
CourtAppellate Court of Illinois
DecidedJune 30, 2003
Docket1-01-0405
StatusPublished
Cited by17 cases

This text of 793 N.E.2d 744 (People v. Redmond) 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. Redmond, 793 N.E.2d 744, 341 Ill. App. 3d 498, 275 Ill. Dec. 973, 2003 Ill. App. LEXIS 841 (Ill. Ct. App. 2003).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, Saesal Redmond, was found guilty of first degree murder and sentenced to 22 years’ imprisonment. On appeal, defendant presented several issues for review. Those issues have been condensed into five main issues: (1) whether the trial court erred in finding that he voluntarily consented to leave his apartment and accompany the police; (2) whether officers had probable cause to arrest after discovering a handgun in his bedroom; (3) whether his written statement was voluntarily given after spending 52 hours in custody and being interrogated 14 times after his arrest; (4) whether the State proved beyond a reasonable doubt that he was accountable for murder; and (5) whether his trial counsel was ineffective, where trial counsel failed to call certain witnesses who allegedly would have corroborated his testimony and alibi.

BACKGROUND

Bryant Clark was fatally shot on January 28, 1998. Detective Steve Buglio was assigned to investigate the fatal shooting. Defendant was arrested on March 12, 1998. The arrest report indicates that defendant was arrested after being implicated in the fatal shooting death of Bryant Clark and found in possession of a .40-caliber handgun. Defendant and codefendant Clint Woods, who is not a party to this appeal, were charged with first degree murder.

I. MOTION TO QUASH ARREST AND SUPPRESS EVIDENCE

On defendant’s motion to quash arrest and suppress physical evidence, defendant testified that on March 11, 1998, shortly before midnight, while he was in bed, police officers came to his sister’s apartment where he was staying. He testified that when the officers entered the bedroom, “They had guns. They had their guns out. When I came to the door they had their guns out.” He testified that he was handcuffed in the kitchen and then taken outside. He was not presented with a search warrant or a warrant for his arrest and did not give permission to search the apartment. Defendant testified that the police did not tell him why they where there. While he was sitting in the police vehicle with Detectives Riley and Doroba, neither officer mentioned anything about what happened at 69th Street and Paulina Street. He did not give the officers permission to search his car, but they took his car keys from his pocket.

Defendant’s sister, Arriane Redmond, testified that at about 11:55 p.m. on March 11, 1998, she heard a loud knocking at her apartment door. The officers identified themselves and Arriane opened the door. The officers asked her if defendant was there and she said, “Yes.” As she turned to check defendant’s bedroom, “two of the officers came through the kitchen area and they like actually beat me to the back room door.” Arriane stated that she did not give the officers permission to enter her apartment. After defendant was allowed to put on some jeans and a jacket, he was handcuffed at the corner of the kitchen door. Approximately an hour after their arrival, Arriane was asked to sign a white piece of paper. She signed the paper because she thought the detective was comparing her signature to that on the lease. On cross-examination, Arriane testified that when the officer had her sign the paper, the only portion visible was the signature line and she did not see anything indicating that the paper she was signing was a consent to search. She saw an officer recover a gun from the box spring of defendant’s bed.

Detective Buglio testified that he spoke with defendant’s cousin, Clint Woods, on March 10, 1998, in relation to the January 28, 1998, fatal shooting of Bryant Clark (also known as “Little Wolf’). On that date, Woods denied any knowledge of the shooting. During a second meeting with Woods on March 11, 1998, Woods named defendant as the shooter and stated that defendant used a .40-caliber semiautomatic handgun. Detective Buglio testified that two .40-caliber bullet casings were recovered from the murder scene. Woods told Buglio that defendant either keeps the gun in his car, probably under the driver’s side rear seat or behind a vent, or in the bedroom where he sleeps. Woods told Detective Buglio that shortly before the shooting, he observed Clark and defendant in the Red Shoe lounge. Woods later observed Clark get into defendant’s vehicle. Earlier that evening, defendant told Woods that he was going to “rob Little Wolf.” Woods told defendant to “be careful, because Brian [sic] Clark, the victim, is known to carry a weapon at times.” Woods told the detective that he saw defendant return to the lounge sometime after 10:30 p.m. The victim was not with defendant, and during a brief conversation with defendant, defendant told Woods that “ ‘It’s been one for Shorty.’ ” Woods related that that meant “Little Wolf was dead.” Woods told Detective Buglio that after that, defendant seemed to be spending more money than he usually did.

Detective Buglio further testified that a .40-caliber semiautomatic handgun was recovered from defendant’s bedroom, “stuffed in the top of a boxspring where you could only view it from underneath the box-spring. It was stuck between the boxspring and the top padding.” After locating the gun, he placed defendant under arrest and handcuffed him. Buglio testified that prior to that moment, defendant was not under arrest. Approximately 30 minutes passed between the time the detectives arrived and defendant’s arrest. On cross-examination, Detective Buglio stated that he read the reports of two other officers that interviewed Woods on March 11, and the report indicated that Woods sold Wolf 4V2 ounces of cocaine. After the drug sale, Woods said that he did not see Wolf the rest of the night. Woods told Buglio that defendant and the victim were at the lounge separately.

Detective James Riley testified that he did not recall whether Detective Buglio had his hand on defendant’s arm as they exited the apartment and came downstairs. Riley stated that defendant was not handcuffed at that time. He recalled that approximately 15 minutes passed between the time defendant was placed in a police car and the time the gun was recovered. Riley was asked whether defendant was free to leave once defendant was placed in his police car and Riley responded, “No, not really.”

In August 1999, the court denied defendant’s motion to quash arrest and suppress the evidence. The court reasoned that the police were given “strong enough information” that they should investigate defendant after speaking with Clint Woods. The court believed that taking defendant and placing him in the squad car was not a violation and defendant was not under arrest at that time. Based on Arriane’s age and background, the court also did not believe her testimony that she did not know what she signed when she signed and dated the consent to search form at her apartment. Further, because the police had written consent to search, the police discovered the gun on the premises and “had full corroboration of someone, even if he’s just the finger-pointer and is not impheating himself.” In denying defendant’s motion to quash arrest and suppress evidence, the court held that placing defendant in the unmarked squad car did not constitute an arrest; Arriane Redmond’s testimony was not credible; and the court noted that the police had a written consent and a tip that was corroborated when the gun was found.

II. MOTION TO SUPPRESS STATEMENTS

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Cite This Page — Counsel Stack

Bluebook (online)
793 N.E.2d 744, 341 Ill. App. 3d 498, 275 Ill. Dec. 973, 2003 Ill. App. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-redmond-illappct-2003.