People v. Spiezio

434 N.E.2d 837, 105 Ill. App. 3d 769, 61 Ill. Dec. 482, 1982 Ill. App. LEXIS 1726
CourtAppellate Court of Illinois
DecidedApril 13, 1982
Docket80-603, 80-604 cons.
StatusPublished
Cited by23 cases

This text of 434 N.E.2d 837 (People v. Spiezio) 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. Spiezio, 434 N.E.2d 837, 105 Ill. App. 3d 769, 61 Ill. Dec. 482, 1982 Ill. App. LEXIS 1726 (Ill. Ct. App. 1982).

Opinion

JUSTICE NASH

delivered the opinion of the court:

Defendants, Michael and Vito Spiezio, were jointly tried by jury and convicted of burglary, and they were thereafter sentenced to 7 and 14 year terms of imprisonment respectively. The primary issue which we consider on their consolidated appeal is whether the admission in evidence of unrelated criminal conduct by defendants requires a new trial.

Defendants were charged together with David Fritz with the burglary of a residence owned by Donald Lazar who testified his home had been broken into between January 10 and 17, 1979, and some of his personal property had been stolen. Officer Nick Nickeas testified he and seven other officers were conducting a surveillance of defendants on January 11 and saw Michael Spiezio exit a vehicle, walk toward the Lazar residence and then return from the area of the residence to the vehicle. Among the other occupants of the vehicle were David Fritz and Vito Spiezio. Officer Nickeas further testified that on January 15 surveillance of defendants had resumed and he subsequently placed Michael Spiezio under arrest for auto theft and later arrested Vito Spiezio in a motel room, in which both defendants had been residing, where he was found in bed with a woman who did not share his surname. The officer testified that he searched defendant’s pants pocket and found a set of keys to the stolen vehicle and also that jewelry was found in the motel room which Donald Lazar identified as property taken from his residence in the burglary.

David Fritz, who had pleaded guilty to the burglary and was sentenced to probation, testified he and the Spiezios had burglarized the Lazar residence on January 11. He stated Michael initially checked out the target home, while he and Vito waited in their car, and they thereafter left the area. A few hours later they returned, broke a window with the barrel of a pistol, again left and then later returned to enter the home and remove certain property. The witness was impeached by his guilty plea in this case, two drug-related convictions in 1975 and an agreement with the Lake County state’s attorney’s office whereby another burglary charge against him would be dropped. There was also a pending charge against Fritz in Cook County, but the trial court declined to allow defendants to cross-examine him with respect to that charge.

Defendants sought to call their sister to testify in trial as an alibi witness, but she was not present in court. Defense counsel learned she had apparently gone to a hospital and moved for a continuance, stating the witness would testify she was with defendants during the day and evening of January 11. The continuance was denied. Michael Spiezio then testified that he and Vito had been with their sister at the time David Fritz had stated the burglary was committed and that Fritz had given them some property taken from Lazar’s residence in payment of a debt.

We consider first whether defendants were denied a fair trial by the introduction of evidence linking them to the unrelated theft of a motor vehicle.

Evidence of collateral crimes for which an accused is not on trial is inadmissible if relevant merely to establish propensity to commit criminal acts. (People v. Romero (1977), 66 Ill. 2d 325, 330, 362 N.E.2d 288, 290; People v. Harris (1980), 91 Ill. App. 3d 112, 114, 414 N.E.2d 755, 757.) The rationale for this rule is that such evidence overpersuades the trier of fact, which is likely to convict the defendant merely because of feelings he is a bad person deserving punishment rather than on the basis of facts related to the offense for which he is on trial. (People v. Lindgren (1980), 79 Ill. 2d 129, 137, 402 N.E.2d 238, 242; People v. Martinez (1980), 86 Ill. App. 3d 486, 490, 408 N.E.2d 358, 361.) Well-recognized exceptions to the rule exist, and other-crimes evidence will be admitted if relevant to demonstrate knowledge, intent, motive, design, plan, identification or modus operandi. (E.g., People v. McDonald (1975), 62 Ill. 2d 448, 455, 343 N.E.2d 489, 492-93.) Such evidence will not be admitted, however, if the grounds for establishing its relevance are speculative. People v. Lindgren (1980), 79 Ill. 2d 129, 140, 402 N.E.2d 238, 244.

While the trial court instructed the jury in the present case it should consider the other-crimes evidence for purposes relating to identification and the presence of defendants, the State does not suggest what relevance the evidence had to these issues in this case. There was no showing the stolen automobile was used in the commission of the burglary nor were the proceeds from it found in the vehicle. Instead, the record reflects the offenses were totally separate in execution and would not therefore support admission of the collateral offense evidence and the instruction at trial on these grounds. This is especially true because defendants could have been placed at the scene of the burglary, and were by Fritz’ testimony, without reference to the unrelated car theft. See People v. Lindgren (1980), 79 Ill. 2d 129, 139-40, 402 N.E.2d 238, 243; People v. Carlson (1981), 98 Ill. App. 3d 873, 876, 424 N.E.2d 968, 971; see also People v. Copeland (1978), 66 Ill. App. 3d 556, 384 N.E.2d 391.

The State suggests an additional exception to the rule excluding other-crimes evidence applies where evidence of another crime is offered as part of a narrative of a defendant’s arrest to impart meaning to an otherwise unexplained appearance by police. (See People v. Davis (1981), 93 Ill. App. 3d 187, 416 N.E.2d 1179; People v. Schubert (1975), 28 Ill. App. 3d 599, 329 N.E.2d 23; People v. Bolton (1974), 18 Ill. App. 3d 512, 310 N.E.2d 22, appeal denied (1974), 56 Ill. 2d 588; People v. Robinson (1968), 98 Ill. App. 2d 285, 240 N.E.2d 397.) The State argues defendants’ arrests for burglary would otherwise appear fortuitous, thereby confusing the jury, and it was properly allowed to show the motor vehicle theft as justification for the arrests which ultimately uncovered proceeds of the burglary. Defendants reply that possible jury confusion cannot alone justify admitting otherwise improper evidence, especially when the court could merely have instructed it not to speculate as to the reasons for defendants’ arrests.

We consider the vitality of the narrative of arrest exception under the circumstances of this case to be questionable in light of People v. Lindgren (1980), 79 Ill. 2d 129, 402 N.E.2d 238.

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Bluebook (online)
434 N.E.2d 837, 105 Ill. App. 3d 769, 61 Ill. Dec. 482, 1982 Ill. App. LEXIS 1726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spiezio-illappct-1982.