People v. Richmond

559 N.E.2d 302, 201 Ill. App. 3d 130, 147 Ill. Dec. 302, 1990 Ill. App. LEXIS 1228
CourtAppellate Court of Illinois
DecidedAugust 16, 1990
Docket4-89-0323
StatusPublished
Cited by7 cases

This text of 559 N.E.2d 302 (People v. Richmond) 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. Richmond, 559 N.E.2d 302, 201 Ill. App. 3d 130, 147 Ill. Dec. 302, 1990 Ill. App. LEXIS 1228 (Ill. Ct. App. 1990).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Defendant Masieo L. Richmond was found guilty of the offense of first-degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1) after a jury trial in the circuit court of Macon County. Subsequently he was sentenced to a 50-year term of imprisonment. He appeals, contending (1) the prosecution deliberately elicited testimony that the defendant requested an attorney immediately upon learning of the victim’s death; (2) the prosecution improperly introduced testimony of other crimes; and (3) the court improperly restricted cross-examination of a key prosecution witness and refused to permit an offer of proof relating to that cross-examination.

The State’s case consisted of the testimony of 32 witnesses, stipulations, and exhibits. The evidence clearly established that Patsy Rosich, a 5-foot 4-inch, 120-pound female, was murdered by the infliction of a severe beating to her head. The medical evidence was unrefuted and, while Patsy was epileptic, the severe injuries to her head, in absence of other serious bruises to her body, could not have been caused by falling downstairs. The evidence establishes the beating which resulted in her death was administered in her apartment sometime between 8 and 9 p.m. on November 1, 1988. Witnesses established defendant was in the hall near Patsy’s apartment at about 8 p.m. Several witnesses heard an altercation soon after defendant was seen in the hall, and three witnesses watched as Patsy, during the altercation, tried to crawl out of her apartment, only to be snatched back by someone pulling her legs. Prior to being snatched back into the apartment, a voice from the apartment said, “Come on, baby, come back.” Silence then returned to the apartment. The onlookers did nothing. (So much for mankind.)

No one saw the defendant enter or leave Patsy’s apartment during the evening of November 1, 1988. No one else, including Patsy, was seen coming or going from Patsy’s apartment after the altercation. However, defendant entered the apartment on the morning of November 2, 1988. He then went across the street in a nervous state at about 9:30 a.m., called James (Sonny) Powell to say he had an emergency, and asked him to bring a car to Patsy’s apartment building. Sonny arrived at the apartment building. The defendant carried Patsy to the car and, together with Sonny, took her to Decatur Memorial Hospital (DMH).

Life-support systems were attached to Patsy. Defendant, who gave the DMH staff registration information, was taken into a separate room where he lay down and had his blood pressure checked. He provided the hospital with a false name. In the nurse’s absence, the defendant left without telling the DMH staff. He had reported to DMH that Patsy had a seizure and he found her “that way this morning.”

On November 3, 1988, after it had been determined that Patsy was brain dead, life-support systems were removed and she was pronounced dead.

Patsy had a history of epilepsy, and Dilantin and phenobarbital had been prescribed for her condition. Traces of both drugs were found in her system during her hospital treatment and by the pathologist. The autopsy, in addition to the head wounds, indicated at least two patches of her hair were missing. Hair of the same type, with roots still attached, was found both in her apartment and on the jacket the defendant was wearing the night of November 1, 1988. The cause of death was brain swelling due to closed-head trauma, which was caused by a blunt-impact injury.

Police testimony established that defendant gave conflicting statements as to his whereabouts on the evening of November 1, 1988, eventually admitting that he had been on the stairs of Patsy’s apartment building and that he knew her. In the spring of 1988, a protection order had been entered prohibiting him from abusing her.

Witness Susan Harrison was allowed to testify, over objection, that in the summer of 1988 she saw the defendant slap Patsy in the face, kick her, and pull her hair. Harrison also testified that in early November 1988, after Patsy was hospitalized, she heard the defendant say, in discussing Patsy, he had “just stomped the shit out of the bitch and took her to the hospital.”

I

Defendant’s first alleged error arises from the following testimony of police officer Brian Bell. The testimony took place during the State’s examination of Officer Bell:

“Q. [Prosecutor]: How long did this interview take place-take?
A. A little over an hour.
Q. And was there a specific occasion that resulted in the conversation ending?
A. Yes, sir. Mr. Richmond advised me that he no longer wanted to make any statements; that he wanted to consult with an attorney.
Q. And was any information brought to his attention before he made that statement to you?
[Defense Counsel]: Object. Relevance.
THE COURT: What was the last question? I didn’t even hear the question.
Q. [Prosecutor]: Was any information given to Mr. Richmond before he made that statement?
THE COURT: Sustained. I don’t understand the question.
Q. [Prosecutor]: Do you recall anything else that happened during the interview?
A. Yes, sir. I had left the interview room for a very short period of time and I returned and at that time I had been advised that Patsy Rosich had passed away. I advised Mr. Richmond of that fact and continued to interview him for, I believe, less than ten minutes, and he told me that he wanted to speak to an attorney.”

Defendant contends introduction of the post-arrest silence violates due process (Doyle v. Ohio (1976), 426 U.S. 610, 49 L. Ed. 2d 91, 96 S. Ct. 2240), and further claims it is a constitutional violation because it violates defendant’s fifth amendment rights and penalizes the defendant for exercising those rights (Griffin v. California (1965), 380 U.S. 609, 14 L. Ed. 2d 106, 85 S. Ct. 1229).

In Doyle, defendants were charged with a marijuana sale and early on exercised their right to remain silent. At separate trials, the defendants came up with an exculpatory story and, over objection, the prosecution was allowed to cross-examine them about why they did not tell this story when arrested. The Doyle majority opinion stated:

“We hold that the use for impeachment purposes of petitioners’ silence, at the time of arrest and after receiving Miranda warnings, violated the Due Process Clause of the Fourteenth Amendment. The State has not claimed that such use in the circumstances of this case might have been harmless error. Accordingly; petitioners’ convictions are reversed and their causes remanded to the state courts for further proceedings not inconsistent with this opinion.” Doyle, 426 U.S. at 619-20, 49 L.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 302, 201 Ill. App. 3d 130, 147 Ill. Dec. 302, 1990 Ill. App. LEXIS 1228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-richmond-illappct-1990.