People v. Scott

551 N.E.2d 288, 194 Ill. App. 3d 634, 141 Ill. Dec. 295, 1990 Ill. App. LEXIS 178
CourtAppellate Court of Illinois
DecidedFebruary 13, 1990
Docket1-86-3283
StatusPublished
Cited by32 cases

This text of 551 N.E.2d 288 (People v. Scott) 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. Scott, 551 N.E.2d 288, 194 Ill. App. 3d 634, 141 Ill. Dec. 295, 1990 Ill. App. LEXIS 178 (Ill. Ct. App. 1990).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court: *

A jury found defendant Francis Scott guilty of escape, and he was sentenced to an extended term of 12 years in custody of the Illinois Department of Corrections. Defendant appeals and raises as issues whether (1) the circuit court improperly precluded him from raising the affirmative defense of necessity; (2) the introduction of and reference to evidence of other crimes denied him a fair trial; (3) certain prosecutorial comments made during closing argument were improper; (4) he was denied effective assistance of counsel; and, alternatively, (5) his sentence was improper.

In June of 1980, defendant was charged by information with escape from Cook County jail while being held on a fugitive warrant from Florida. (Ill. Rev. Stat. 1977, ch. 38, par. 31 — 6(a).) A mistrial was declared in the first trial after the jury was unable to reach a verdict. The second trial, at issue in this appeal, was commenced in September of 1980.

Prior to trial, the assistant public defender advised the circuit court that defendant no longer wished to retain his services. The court noted defendant’s desire to proceed pro se; nevertheless, it asked the public defender to “stand by” as advisory counsel if needed by defendant.

At trial, Clarence English, a warden at Cook County jail, testified defendant was an inmate at the facility on June 4, 1978. That evening, English was told by another inmate that defendant “went over the wall” and escaped earlier that afternoon, confirmed by a subsequent search and head count of the prisoners. On the opposite side of the jail wall, English observed defendant’s cap resting on the ground. He then reported defendant missing.

According to English, a jail history card indicated defendant was being held in the jail on a fugitive warrant from Florida. He also averred “Francis Scott” and “Terry Hannen” [sic] were one and the same individual.

Dennis Kemble, an FBI agent, testified that on June 5, 1978, he learned defendant, also known to him as “Terry Hannah,” was seen on a Chicago street after the report of his escape from prison and was staying at an address on North Central Avenue. Upon arriving there, Kemble was told defendant was attending a movie with his daughter. Kemble and his partner later observed defendant at the Central Avenue address, identified themselves, and advised him he was under arrest. Defendant attempted to evade the agents, resisted their efforts to handcuff him, and unsuccessfully tried to grab Kem-ble’s holstered revolver in the ensuing struggle before being subdued.

Norman Russell, deputy chief investigator with the Cook County Department of Corrections (Department), averred he was assigned on June 6, 1978, to pick up defendant from Chicago police custody. After advising defendant of his Miranda rights, Russell questioned him about the escape. Defendant agreed to make a statement and told Russell that a number of correctional officers at the jail were involved; a large sum of money was passed; a prearranged signal was given to a tower guard that “all was clear” so he could be “boosted” over the wall by two other inmates; and a car was to be waiting for him on the outside when he escaped. Defendant claimed an inmate named Sam Lawrence had approached him with a plan to kill a witness in another case, and selected defendant as the best person for the task because of his prior record for escape. Defendant told Russell he had no intention of killing anyone, however, because that “was not his bag.” On cross-examination, Russell acknowledged that defendant refused to sign a typed transcript of this statement.

Elmer Fox, Chicago police extradition officer, testified that when defendant was arrested in January of 1978,' he was wanted in three States under various aliases. Because multiple warrants were involved, if defendant posted bond on one, Fox would have rearrested defendant for the second State, and so forth. According to Fox, defendant was lawfully being held in jail on the day of the escape pursuant to a Florida fugitive warrant signed April 16, 1978.

John Glenville, an assistant State’s Attorney in charge of extradition matters, stated that on June 4, 1978, the date of the escape, an extradition proceeding was pending to return defendant to Florida. During the pendency of this proceeding, defendant was being housed in Cook County jail.

Defense strategy at trial was to challenge the State’s evidence that defendant was in lawful custody at the time of the escape. Rebecca Harris, a records officer with the Department, admitted that a jail history card for “Terry Hannah” contained a notation indicating that the Florida “hold” was removed, pursuant to instructions from Elmer Fox. The removal of the Florida hold left charges from Ohio and Illinois pending against defendant; he posted bond on those charges and left the jail on March 17, 1978. On cross-examination, however, Harris testified that a second jail history card under the name of “Francis Scott” reflected a fugitive warrant dated April 17, 1978, lodged against defendant.

As noted, the jury found defendant guilty of escape, and he subsequently was sentenced to an extended term of 12 years’ imprisonment. Defendant appeals.

I

Defendant initially contends it was error for the circuit court to preclude his introduction of evidence concerning the affirmative defense of necessity. The State had filed a pretrial motion in limine to preclude defendant from introducing any evidence of the conditions existing at Cook County jail prior to his escape. The motion acknowledged testimony offered by defendant in his first trial relating to an affirmative defense of duress or necessity; the State nevertheless asserted that since defendant presented no evidence at that time of a bona fide effort to surrender or return to custody after the claimed duress or necessity had lost its coercive force, he was not entitled to claim those defenses on retrial. The circuit court subsequently granted the State’s motion in limine.

Defendant then presented a supplemental answer to the State’s discovery which attempted to raise an affirmative defense of self-defense. In an offer of proof, defendant claimed that just seconds before his escape from Cook County jail, he was confronted by several prisoners who were attacking him with knives. He maintained that there were two witnesses to the incident, one an eyewitness. The public defender subsequently asked, by way of clarification, whether defendant would be allowed to introduce evidence that he was under a threat of death at the time he escaped; the court ruled that such a defense was “inconsistent with the charges involved” and “without relevancy” to the matter, and denied defendant the right to present such evidence. On appeal, defendant asserts that by granting the State’s motion in limine, the circuit court abused its discretion and violated his constitutional right to present a defense.

Necessity is a statutorily recognized affirmative defense. (Ill. Rev. Stat. 1977, ch. 38, par. 7 — 13.) A claim of necessity may be an appropriate defense to a charge of escape. (See People v. Unger (1977), 66 Ill.

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Bluebook (online)
551 N.E.2d 288, 194 Ill. App. 3d 634, 141 Ill. Dec. 295, 1990 Ill. App. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scott-illappct-1990.