People v. Smith

526 N.E.2d 849, 172 Ill. App. 3d 94, 122 Ill. Dec. 456, 1988 Ill. App. LEXIS 909
Appellate Court of Illinois·Decided June 16, 1988·No. 1-85-0782·Published·Cited by 27 cases

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

The defendants, James Smith, Dexter Bailey, Earl Miller and Fred Williams, were convicted of several offenses arising from a home invasion and armed robbery which occurred on the South Side of Chicago on January 24, 1984. They were tried jointly; Bailey, Smith and Williams by jury and Miller by the court. Dexter Bailey was sentenced to 20 years on each of two counts of home invasion, 15 years for residential burglary, 15 years each on two counts of armed robbery and an extended term of 10 years for aggravated battery. James Smith and Earl Miller received sentences of 15 years on each of two counts of home invasion, 10 years for residential burglary, 10 years on each of two counts of armed robbery and five years for aggravated battery. Fred Williams was sentenced to 15 years on each home invasion count, 10 years for residential burglary and 10 years on each of two counts of armed robbery; Williams was acquitted of aggravated battery.

The defendants have raised the following issues on appeal: (1) Bailey, Smith and Williams contend that the trial court erred in denying their motions for severance; (2) Miller claims that his arrest, identification and statement to the police should have been suppressed on the grounds that they were the direct result of Bailey’s illegal arrest; (3) Bailey and Smith contend that the trial court improperly limited cross-examination into the bias and motive to testify falsely of certain police officers; (4) Williams claims that the trial court erred in denying his motion for a directed verdict and that he was not proved guilty beyond a reasonable doubt; (5) Miller and Williams contend that they received ineffective assistance of counsel; (6) Bailey and Smith maintain that their sentences for home invasion were improper because the trial court placed home invasion in a “super X category,” thus ignoring the classification set by the legislature and indicating that a minimum sentence would never be imposed; (7) Smith, Williams and Miller contend that their sentences were excessive in light of their potential for rehabilitation; and (8) the defendants contend that their convictions on two counts of home invasion and residential burglary violated the principle of “one act, one crime.”

At approximately 9 p.m. on January 24, 1984, three men subsequently identified as Dexter Bailey, James Smith and Earl Miller broke into a house at 5521 South Damen Avenue in Chicago. The house was occupied by 54-year-old Sylvia Galuszynski and her 83-year-old mother, Isabelle Galuszynski. According to the State’s theory at trial based upon the statement of Fred Williams, Williams also participated in the offense by remaining outside and acting as a lookout. During the course of the home invasion, Sylvia Galuszynski was threatened at gun point, Isabelle Galuszynski was beaten and several items, including cash, jewelry and a television set, were removed from the house.

Each of the defendants made a pretrial statement implicating himself in the crime as well as certain of the codefendants. The State informed the court prior to trial that it intended to introduce the statements at the joint trial as evidence against their respective makers. All four defendants made motions for severance on the grounds that their sixth amendment right to confront and cross-examine the witnesses against them would be violated if the nontestifying codefendants’ statements were introduced at the joint trial. The trial court denied the motions based on its finding that the statements were interlocking and therefore admissible in a joint trial as long as the jury was properly instructed that each statement would be considered only against its maker.

Sylvia Galuszynski testified at trial that shortly after retiring for the night, she and her mother heard someone pounding on a basement window. Sylvia called the police and five minutes later heard the front-door doorbell ring. Believing that it was the police, Sylvia opened the door. However, upon seeing a young black man who was not in uniform, she slammed the door shut.

Sylvia then turned on the lights and went downstairs to check out the basement. She observed that the basement window was intact and nailed shut. As she walked up the stairs, the window was forced open and a man whom Sylvia identified as Dexter Bailey jumped into the basement armed with a gun. Bailey put his arm around Sylvia’s neck, placed the gun to her head and threatened to kill her. He kept asking her who else was in the house. Two other men, later identified as James Smith and Earl Miller, entered through the basement window. Bailey motioned Smith and Miller to go upstairs, then followed, dragging Sylvia at gun point. They entered the kitchen, where Isabelle Galuszynski was seated in a rocking chair.

Bailey waived Smith and Miller toward the front of the house, then put the gun to Isabelle’s head and threatened to kill her unless she told him where to find the money. Sylvia testified that the kitchen was well lit and that she had a very good opportunity to view the offenders. Bailey went into Isabelle’s bedroom, found some jewelry and emptied out the dresser drawers. Bailey returned to the kitchen and again threatened the women, demanding more money. At that time, James Smith stuck his head into the kitchen, and Sylvia offered to give him money. She then gave him $7 in bills and $2 in quarters. Sylvia was able to observe Earl Miller in the living room near the television set.

Suddenly, Isabelle began running as fast as she could toward the front door. Bailey ran out of the bedroom, grabbed Isabelle by the neck and lifted her off the floor. He choked, kicked and beat Isabelle with a gun for several minutes, then threw her back down into the rocking chair. Bailey returned to Isabelle’s bedroom and removed an envelope containing $2,000 in cash from a purse in the closet. Smith and Miller carried the television set through the kitchen and called to Bailey to leave. When Bailey went to the back door to talk to Smith and Miller, Sylvia pushed him out and locked the door. She then called her brother, who alerted the police. Sylvia testified that the entire incident lasted between 20 and 30 minutes.

On the following day, Sylvia identified Bailey’s picture from a photographic array and a few days later identified him in a lineup. She also made lineup identifications of Smith and Miller and in-court identifications of all three of the offenders who entered her home.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Smith, 526 N.E.2d 849, 172 Ill. App. 3d 94, 122 Ill. Dec. 456, 1988 Ill. App. LEXIS 909 (Ill. Ct. App. 1988).

526 N.E.2d 849 (People v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Wrancher
2022 IL App (2d) 210134-U (Appellate Court of Illinois, 2022)
United States ex rel. Winfield v. Acevedo
179 F. Supp. 3d 809 (N.D. Illinois, 2016)
People v. Green
Appellate Court of Illinois, 2003
United States Ex Rel. Gill v. Gramley
16 F. Supp. 2d 924 (N.D. Illinois, 1998)
People v. Gill
637 N.E.2d 1030 (Appellate Court of Illinois, 1992)
People v. Ramey
608 N.E.2d 512 (Appellate Court of Illinois, 1992)
People v. Glass
597 N.E.2d 660 (Appellate Court of Illinois, 1992)
People v. Blount
580 N.E.2d 1381 (Appellate Court of Illinois, 1991)
People v. Kubik
573 N.E.2d 1337 (Appellate Court of Illinois, 1991)
People v. Foster
556 N.E.2d 1289 (Appellate Court of Illinois, 1990)
People v. Moman
558 N.E.2d 1231 (Appellate Court of Illinois, 1990)
People v. Thomas
556 N.E.2d 1246 (Appellate Court of Illinois, 1990)
People v. Hamilton
552 N.E.2d 277 (Appellate Court of Illinois, 1990)
People v. Jenkins
545 N.E.2d 986 (Appellate Court of Illinois, 1989)
People v. Johnson
544 N.E.2d 392 (Appellate Court of Illinois, 1989)
People v. Abernathy
545 N.E.2d 201 (Appellate Court of Illinois, 1989)
People v. Barfield
543 N.E.2d 812 (Appellate Court of Illinois, 1989)
People v. Nunn
541 N.E.2d 182 (Appellate Court of Illinois, 1989)
People v. Collins
539 N.E.2d 736 (Appellate Court of Illinois, 1989)
People v. Silas
541 N.E.2d 1239 (Appellate Court of Illinois, 1989)