People v. Saunders

580 N.E.2d 1246, 220 Ill. App. 3d 647, 162 Ill. Dec. 827, 1991 Ill. App. LEXIS 1631
CourtAppellate Court of Illinois
DecidedSeptember 23, 1991
Docket1-89-1476
StatusPublished
Cited by33 cases

This text of 580 N.E.2d 1246 (People v. Saunders) 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. Saunders, 580 N.E.2d 1246, 220 Ill. App. 3d 647, 162 Ill. Dec. 827, 1991 Ill. App. LEXIS 1631 (Ill. Ct. App. 1991).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial, defendant, William Saunders, was convicted of the murder of Robert “Poo” Holloway and sentenced to a prison term of 32 years. On appeal, defendant contends that: (1) the trial court erred in allowing the prior inconsistent statement of his brother to be introduced as substantive evidence; (2) the trial court erred in allowing a police officer to testify as to defendant’s unrelated arrest and his involvement in gang activity; (3) the trial court erred in denying defendant’s motion in limine to bar questions as to his gang affiliation; (4) the trial court erred in denying defendant’s request for production of the mugshot books viewed by the State’s eyewitness; (5) the trial court erred in denying defendant’s motion to suppress identification and in not allowing defense counsel an opportunity to cross-examine the police officer regarding the description he used in putting together the lineup at which defendant was identified; and (6) the State failed to prove him guilty beyond a reasonable doubt. For the following reasons, the judgment of the trial court is affirmed.

The record sets forth the following facts relevant to this appeal. Prior to trial, defendant moved to suppress identification testimony on the ground that the lineup in which the State’s key witness, Marvin Marshall, identified defendant had been improperly conducted. At the suppression hearing, Detective Dalponte of the Chicago police department testified that on July 12, 1988, he and his partner, Detective Gene Harris, conducted a lineup at police headquarters. Dalponte picked up Marshall from his home and drove him to police headquarters to view the lineup. No suggestions were made to Marshall as to whom he should pick out from the lineup. In selecting participants for the lineup, Dalponte picked the only four African-American males that were in the lockup at the time and put them and defendant in the lineup room. Dalponte asked each man to step up to the glass, face left, face right, then step back in line. Upon viewing a photo of the lineup at the hearing, Dalponte identified defendant as the first person on the right. Dalponte also stated that defendant had picked that position himself.

On cross-examination, Dalponte stated that the photographs of the lineup had been taken in the hallway outside of the lineup room, rather than in the actual lineup room. He did not remember the description he had used to gather the lineup participants.

Detective Gene Harris of the Chicago police department then testified that he had told Marshall that there would be five people in the lineup, and there was a possibility that the person he had seen shoot Poo would be there. Harris also stated that defendant had selected his position in the lineup.

On cross-examination, Harris stated that although he and Dalponte had not asked any police station personnel to participate in the lineup, they had called other nearby police stations to see if there were any African-American males in custody. There were not. Defendant was 18 years old; two of the other lineup participants were 20 years old; one was 22 and one was 24. Harris had attempted to physically match the participants in the lineup to defendant, the suspected offender.

Next, defendant testified that when he had entered the lineup room, the other four participants were already in there. He was told to take the first position and to walk up to the one-way mirror. Because defendant had not been wearing a shirt at the time of his arrest, the police gave him a black shirt to wear in the lineup. Defendant claimed that he was the only one in the lineup asked to step forward.

Following the testimony, the trial court denied defendant’s motion to suppress the lineup identification, finding that the lineup was not of such a suggestive nature as to lend a strong likelihood of an irreparable misidentification.

At trial, Marvin Marshall, age 17, testified that approximately 1 a.m. on May 29, 1988, he was visiting his friend, Robert “Poo” Holloway at Poo’s grandmother’s house, when Marshall’s aunt, with whom Marshall was staying, asked Marshall to buy some cigarettes for her. Poo agreed to go with Marshall; and the two walked down Washington Street toward a nearby hotel, where they intended to buy the cigarettes from a vending machine. As they were walking, three males walked up to them and started talking to Poo. Marshall did not know any of them. At trial, Marshall identified defendant as one of the three males. Defendant, his two companions, Poo and Marshall then continued walking toward the hotel. Poo was walking in front of Marshall with defendant’s two companions, and Marshall was walking behind, next to defendant. While they were walking, defendant kept staring at Marshall’s hat, and Marshall observed defendant put a black glove on his right hand. When Poo lit up a marijuana cigarette, defendant moved up next to Poo to share the marijuana. Marshall stayed behind them. When they arrived at the hotel, one of defendant’s companions remained outside, and everyone else went inside. Once inside, defendant took Marshall’s hat and put it on himself. Marshall just stared at defendant, but did not say anything. Defendant returned the hat to Marshall and everyone left the hotel.

While walking back toward Poo’s grandmother’s house, defendant and his two companions dropped back behind Poo and Marshall. Marshall then heard someone say, “Freeze, Poo.” Marshall turned around and saw a gunshot spark come from a gun defendant was holding in his gloved hand. Marshall started to run. He assumed Poo had been shot because Poo was not running with him. On direct, Marshall stated that he had heard three shots; during cross-examination, he stated that had heard two or more shots. When Marshall arrived at Poo’s grandmother’s house, he told Poo’s grandmother that Poo had been shot. Subsequently, Marshall viewed two lineups: June 1, 1988, and July 12, 1988. Defendant did not participate in the first lineup. Marshall did not identify anyone at the first lineup, but he did identify defendant in the second lineup.

On cross-examination, Marshall testified that he never saw any photographs taken of the first lineup. He indicated that during the second lineup, each man walked up to the one-way mirror and stepped back, then each man turned to the left and to the right, individually and in unison. Marshall also indicated that prior to the first lineup, he had viewed two mugshot books at police headquarters, but could not identify anyone.

When Marshall mentioned the mugshot books, defense counsel immediately requested a sidebar, and asked for any police reports regarding the mugshot books as well as the mugshot books themselves. In response, the State indicated that this was the first time it had heard about the mugshot books. The court then suggested that defense counsel query Marshall further as to the mugshot books and see “where we go.” Upon further questioning, Marshall indicated that he had viewed the mugshot books prior to the first lineup, but had not identified anyone. Defense counsel renewed its request for production of the mugshot books. The court denied the request on the grounds that there was nothing to tie those books to this case. Defense counsel then requested that all testimony regarding the mugshot books be stricken. The State agreed.

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Bluebook (online)
580 N.E.2d 1246, 220 Ill. App. 3d 647, 162 Ill. Dec. 827, 1991 Ill. App. LEXIS 1631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saunders-illappct-1991.