People v. Reinbold

617 N.E.2d 436, 247 Ill. App. 3d 498, 187 Ill. Dec. 228, 1993 Ill. App. LEXIS 1086
CourtAppellate Court of Illinois
DecidedJuly 20, 1993
Docket3-91-0119
StatusPublished
Cited by6 cases

This text of 617 N.E.2d 436 (People v. Reinbold) 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. Reinbold, 617 N.E.2d 436, 247 Ill. App. 3d 498, 187 Ill. Dec. 228, 1993 Ill. App. LEXIS 1086 (Ill. Ct. App. 1993).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

The defendant, William Reinbold, was convicted of first degree murder (720 ILCS 5/9 — 1(a)(1) (West 1992)) and was sentenced to natural-life imprisonment. He appeals.

The issues on appeal do not necessitate our setting forth most of the facts contained in the voluminous record of this case. However, a brief overview of some of the facts is appropriate.

The record reveals that sometime between 5 and 6 p.m. on December 26, 1988, Mary Clarke was attacked in the only laundromat in Farmington, Illinois. A trail of blood leading outside made it appear that Clarke’s body had been dragged outside and placed in a vehicle which was subsequently driven away.

On December 27, 1988, at approximately 1:45 a.m., police located Clarke’s body near a roadway three miles north of Farmington. The cause of death was determined to be brain injury caused by blunt trauma to the head.

On December 28, 1988, after hearing about the murder, Dixie Sulteen, a neighbor of the defendant, told police that on the day of the murder, she was talking with the defendant’s wife on the telephone. She overheard the defendant say that he was going to the Farmington laundromat. A short while later, just before dark, she saw the defendant get in his car and drive away. Another witness observed the defendant driving towards Farmington between 4:30 and 4:45 p.m. on the day of the murder.

Subsequent to hearing from Sulteen, police talked to the defendant, his wife, and his son. They told police inconsistent stories about what happened and where the defendant went on the night of the murder.

On December 30, 1988, police observed the defendant at a car wash where he was about to clean the interior of his car. Police stopped him and talked with him. A subsequent search of the car revealed blood and hair in the trunk which was consistent with that of the victim. More blood consistent with that of the victim was found inside the car on the driver’s seat belt buckle.

Police also searched a bus where the defendant sometimes stayed. There, a pry bar was found among the defendant’s tools. The pry bar had bloodstains consistent with the blood of the victim. The forensic pathologist who performed the autopsy on the victim opined that the pry bar could have caused her injuries.

Following a jury trial, the defendant was found guilty of first degree murder. He was subsequently sentenced to life imprisonment. The defendant appeals.

The defendant’s first contention on appeal is that the trial court erred in denying his motion to suppress evidence found in his car. The defendant argues that the complaint for the search warrant was not adequate since it failed to establish probable cause. See People v. Dace (1987), 153 Ill. App. 3d 891, 506 N.E.2d 332.

While it is not necessary to restate the entire text of the detailed complaint, we do note that it indicated that sometime between 4 and 7 p.m. on Monday, December 26, 1988, Mary Clarke was attacked in the Brite Clean Laundromat in Farmington, Illinois. Police later located her jacket alongside a road about three miles north of Farmington. Shortly thereafter, they found her bloody body approximately 800 feet away from her jacket.

The complaint further alleged that on December 28, 1988, after hearing about the murder, the defendant’s neighbor, Dixie Sulteen, went to the Farmington police department. She told police that on the day of the murder, shortly before dark, she heard the defendant say that he was going to the laundromat in Farmington. She then saw the defendant drive away.

Police also talked with the defendant’s wife, who told them that she had a poor memory and whatever her husband said his activities were would be correct because he had a better memory than she did. She then stated that to her knowledge, her husband did not go to Farmington on the day of the murder.

The defendant’s son, Billy, told police that on the day of the murder his father had gathered two baskets of laundry. Billy put the laundry in the back seat of the family car. His father then left and did not return until approximately 8:30 p.m. When he returned, Billy was told not to go downstairs. Because of that command, he did not see his father that evening.

On December 30, 1988, at approximately 1 p.m., police interviewed the defendant at his place of work in Fort Madison, Iowa. The defendant denied going to Farmington on the day of the murder. He also told police that he had Illinois license plates on his car for about one month. This statement was inconsistent with police observations that on December 27, 1988, the defendant’s car had no license plates on it.

Lastly, the complaint alleged that on December 30, 1988, at 3:42 p.m., police observed the defendant attempting to clean the interior of his car at a car wash in Fort Madison. Police then approached him, told him he was not under arrest, and indicated that they wanted to talk to him about the murder. At that point, the defendant told police that “Monday was a bad day.”

We begin our analysis of whether the complaint was adequate by noting that the test for probable cause is whether the facts and circumstances were sufficient to warrant a person of reasonable caution to believe that the defendant committed an offense and that evidence of the offense was possessed by the defendant. (People v. Stewart (1984), 104 Ill. 2d 463, 473 N.E.2d 1227.) A complaint for a search warrant need not make a prima facie showing of criminal activity. (People v. Gacy (1984), 103 Ill. 2d 1, 468 N.E.2d 1171.) Rather, the complaint will be sufficient if, as a whole, it adequately establishes that there was a fair probability that evidence of a crime would be found in a particular place. (People v. Gacy (1984), 103 Ill. 2d 1, 468 N.E.2d 1171.) On review, the ruling of the trial judge on a defendant’s motion to suppress should not be set aside unless it is manifestly erroneous. People v. Stout (1985), 106 Ill. 2d 77, 477 N.E.2d 498.

Based upon the statements of the defendant’s neighbor and his son, we find that the complaint adequately set forth the probability that the defendant went to the laundromat on the day of the murder at around the time of the murder. The credibility of the defendant was weakened by the inconsistency between his statements and police observations regarding the license plates on his car. Thus, his denial of being at the laundromat on the day in question was dubious.

Additionally, the defendant’s son indicated that on the day of the murder he was told not to come downstairs after his father returned home. Standing alone, this would merely arouse suspicion and not be enough to establish probable cause. (See People v. Dace (1987), 153 Ill. App.

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Bluebook (online)
617 N.E.2d 436, 247 Ill. App. 3d 498, 187 Ill. Dec. 228, 1993 Ill. App. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reinbold-illappct-1993.