People v. Reid

649 N.E.2d 593, 208 Ill. Dec. 537, 272 Ill. App. 3d 301, 1995 Ill. App. LEXIS 286
CourtAppellate Court of Illinois
DecidedApril 24, 1995
Docket1-93-1350
StatusPublished
Cited by23 cases

This text of 649 N.E.2d 593 (People v. Reid) 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. Reid, 649 N.E.2d 593, 208 Ill. Dec. 537, 272 Ill. App. 3d 301, 1995 Ill. App. LEXIS 286 (Ill. Ct. App. 1995).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

Drug prosecutions can stir emotions in prospective jurors. It happened here. They also can cause prosecutors to engage in rhetorical overkill. That, too, happened here. The defendant contends these events and an evidentiary ruling concerning her proposed character witnesses fatally infected her jury trial.

We affirm her conviction of delivery of a controlled substance and her sentence of nine years’ imprisonment.

JURY SELECTION

The defendant had used five of her seven allotted peremptory challenges when the trial judge began questioning prospective juror Richard Kwiecinski. The relevant questions and answers were:

"Q. Did you ever know anybody who had a problem with drugs? A. Unfortunately quite a few people. My former partner in the commodities ended up having a very serious cocaine problem that led us to dissolve our company, and my wife’s two brothers have had drug problems. One of them had to go to Forest Hospital for treatment, and the other, one is also involved in commodities, and currently I think he has licked the habit, but there is still a problem with commodities.
Q. Do you know anybody that has actually been involved with a drug abuse program?
A. Yes, one of my brother-in-laws.
Q. Do you know of anyone who has ever died as a result of a drug overdose?
A. Well, my wife’s sister, her husband’s brother had — she was on cocaine and had a baby that died from that, and also my wife is in charge of the Snowflake Program or Operation Snowflake at River Trails Grade School which is an anti-drug program, and they’re also involved with doing fund raisers for the Merriville Columbia Hospital for, you know, deformed babies from cocaine.
Q. *** This defendant is charged with delivery of a controlled substance: to-wit, cocaine. Do you think that gives you any preconceived notions about the case at all?
A. I would try not to think it would. I don’t know what might happen when the trial starts ***.
q *** Do you think that you are able to keep an opened [sic] mind, to listen to the State’s case, and the defense case as to what extent they want to present any evidence, listen to the evidence and the arguments and listen to the law as they instruct you and then based upon that form your decision?
A. Well, I think I could, yes.
Q. So you think basically you would really try to give both sides a fair trial?
A. Right.
Q. And if you feel the State proves the defendant guilty beyond a reasonable doubt, would you have any problems signing a guilty verdict?
A. No, I wouldn’t.
Q. And if they failed to do so, would you have any problems signing a not guilty verdict?
A. No.”
Then the defendant’s lawyer asked the prospective juror:
"Q. *** She will testify. Would your decision on her credibility be influenced on what happened to your business?
A. I would try not to let it influence me, but it did have a major effect on my life, and I would try not to have that affect me.
Q. But you don’t know if it would or not until we actually start?
A. Exactly.”

The next prospective juror was Donald O’Meara. After he was questioned by court and counsel, the defense exercised its sixth per remptory challenge against a prospective juror named Salazar. Then it asked that juror Kwiecinski be challenged for cause. The judge refused, holding that the juror’s answers demonstrated an open mind. The defense then used its final peremptory challenge on Kwiecinski.

When the defense asked for an additional peremptory challenge for juror O’Meara, the trial judge said: "It’s seven and seven. That’s what you are entitled to. That’s what you get.”

The trial proceeded with Donald O’Meara on the jury.

While Donna Reid’s jury trial took place, the judge heard codefendant Charles Dean’s case as a bench trial.

EVIDENCE AT TRIAL

Most of the State’s case came from James Perille, an undercover narcotics officer for the Schaumburg police department. He testified:

On March 21, 1991, he telephoned codefendant Charles Dean and asked if he had four ounces of cocaine. Dean told Perille that while he did not have the cocaine at that time, he would contact "his guy” and obtain it the following day. Dean then told Perille to pick him up at his apartment at 3 p.m. the following day.

Before meeting Dean, Perille briefed his partner and other investigators about the narcotics transaction and obtained $7,600 from the Schaumburg police department to purchase the narcotics. Perille proceeded to Dean’s apartment, where Dean entered Perille’s car and informed him that he needed to contact his source to obtain the cocaine. After talking with someone on a cellular telephone, Dean directed Perille to drive to a parking lot on Damen Avenue.

Approximately 10 minutes after he arrived at that location, Perille observed a red car enter the parking lot and park behind him. Dean then said, "Here’s my guy,” exited the car, walked over to the red car, and had a conversation with the driver of that vehicle. Perille looked at his rear-view mirror and observed a man, two women and an infant inside the red car. Dean then returned to Perille’s car and informed him that one of the women would come over to count the money.

Moments later, the defendant, Donna Reid, walked over to Perille’s trunk and counted out $5,000 that Perille had placed inside. After counting the money, the defendant placed it back into the trunk and walked back to the red car where she talked to the driver. Both the driver and the defendant then walked to a nearby telephone booth. Dean returned to Perille’s car and told him they had to proceed to another location to receive the cocaine.

About 10 minutes after Perille and Dean reached a second parking lot, the red car arrived. Dean then told Perille, "My guy is here. Let’s get the money ready. It’s going to go.” Perille and Dean then left the car and opened the trunk.

While they were walking toward Perille’s car, the driver of the red car handed something to the defendant. The defendant then walked to Perille’s trunk and placed four plastic bags containing a white powdery substance into the trunk. Perille handed the defendant a bundle of money which she placed in her pocket as she began to walk away.

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Cite This Page — Counsel Stack

Bluebook (online)
649 N.E.2d 593, 208 Ill. Dec. 537, 272 Ill. App. 3d 301, 1995 Ill. App. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-illappct-1995.