People v. Stamos

574 N.E.2d 184, 214 Ill. App. 3d 895, 158 Ill. Dec. 390, 1991 Ill. App. LEXIS 888
CourtAppellate Court of Illinois
DecidedMay 28, 1991
Docket1-89-0441
StatusPublished
Cited by13 cases

This text of 574 N.E.2d 184 (People v. Stamos) 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. Stamos, 574 N.E.2d 184, 214 Ill. App. 3d 895, 158 Ill. Dec. 390, 1991 Ill. App. LEXIS 888 (Ill. Ct. App. 1991).

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

A jury found defendants George Stamos (defendant) and Paul Kristalidis (Kristalidis) guilty of delivery of a controlled substance and armed violence. Defendant was sentenced to concurrent seven-year terms in prison. On appeal, defendant raises as issues: (1) whether the circuit court erred in denying his motion for a severance from his co-defendant; (2) whether the circuit court erred in denying his motion for a mistrial based on an alleged reference by a witness to his failure to testify; (3) whether the circuit court erred in denying his motion to waive a jury trial after all testimony had been presented; and (4) whether he was proven guilty of armed violence beyond a reasonable doubt.

On June 24, 1987, defendant was arrested for and later charged by indictment along with Kristalidis with delivery of a controlled substance, unlawful possession of a weapon, and armed violence. (Ill. Rev. Stat. 1987, ch. 56½, par. 1401(b)(2); Ill. Rev. Stat. 1987, ch. 38, par. 24—1(a)(7); Ill. Rev. Stat. 1987, ch. 38, par. 33A—2.) On January 11, 1989, the day jury selection was to begin, defendant’s attorney moved for a severance from Kristalidis on the grounds that defendant and Kristalidis had mutually antagonistic defenses. The court denied the motion, and trial of both defendant and Kristalidis proceeded.

Sergeant James Gentilcore of the Illinois Department of State Police was the prosecution’s first witness. According to Gentilcore, on January 27, 1987, he was involved in an ongoing investigation of Kristalidis. Prior to this date, in November 1987, Gentilcore had met with Kristalidis, who had identified himself as “Nick the Greek.” At this meeting, Kristalidis asked Gentilcore if he wanted to “conduct business” with him that day. Kristalidis then gave Gentilcore a clear plastic bag containing a purported ounce of cocaine and, in return, Gentilcore gave him $1,900. Also at this meeting, Gentilcore and Kristalidis exchanged pager numbers.

In January 1987, Gentilcore again met with Kristalidis and, during this meeting, Kristalidis gave Gentilcore a telephone number where he could be reached if Gentilcore wanted to make additional purchases. Kristalidis instructed Gentilcore that if he was not there, his roommate George would make sure that he received the message. Gentilcore and Kristalidis also agreed that the code “999” would be inserted at the end of phone numbers when using the pager in order to identify who was calling.

On January 27, 1987, at 12:43 p.m,, Gentilcore called the number given to him by Kristalidis and spoke to a man who identified himself as “Allen.” Gentilcore, after meeting defendant, recognized the voice of “Allen” as that of defendant. During the phone conversation, defendant told Gentilcore that Kristalidis was sleeping; defendant further stated that he was aware of the cocaine sale and, as far as he knew, it was a “go.” Defendant then told Gentilcore to call back at around 5 p.m.

At approximately 5 p.m., Gentilcore called Kristalidis’ number and again spoke with defendant, who told him that Kristalidis had left earlier to obtain the cocaine and asked him to call back later. At around 5:50 p.m., Gentilcore called again and spoke with defendant, who stated that he had spoken with Kristalidis and that Kristalidis would call or page Gentilcore so that arrangements could be made to meet later. At approximately 6:40 p.m., Gentilcore received a page from Kristalidis with his number followed by “999.” When Gentilcore returned the call, Kristalidis instructed him to come to his home at 3629 North Whdpple and to ring the unmarked, lighted doorbell.

After arranging for backup and surveillance and preparing a listing of the marked bills, Gentilcore arrived at Kristalidis’ residence at approximately 8:20 p.m. He pressed the unmarked, lighted doorbell and, one minute later, the door was answered by defendant, who asked Gentilcore if he was “Jim.” Gentilcore replied that he was, and defendant instructed him to go up the stairs to the second-floor apartment where they had an ounce of cocaine for him. Gentilcore then followed defendant into the second-floor apartment, where Kristalidis was seated on a mattress next to a table. On the table was a knife and a two-inch by four-inch board with white powder on it.

After Gentilcore entered the apartment, Kristalidis reached under the mattress and pulled out a single-barreled sawed-off shotgun and pointed it at Gentilcore, stating that he was interested in selling the gun. Gentilcore then grabbed the gun away from Kristalidis, warning him that it might be loaded. Kristalidis grabbed the gun from Gentilcore and attempted to remove the shells from the gun; he was able to remove one of the shells, two were removed later. Gentilcore again took the gun away from Kristalidis and, at this time, defendant requested to see the gun. Gentilcore handed the gun to defendant, who examined it and stated that “whoever cut down the barrel did a bad job because it wasn’t smooth because there appears to be rust on the barrel.”

After showing Gentilcore the gun, Kristalidis removed from under the mattress a clear plastic bag containing cocaine which he described as “rock,” meaning high quality, pure cocaine. After the cocaine was weighed, defendant told Gentilcore that the cocaine was mostly “rock” and that he would “be able to cut it several times before” selling it and “make a lot of money with this stuff.”

Gentilcore asked Kristalidis what price he wanted for the cocaine and the gun; Kristalidis responded that he wanted $1,600 for the cocaine and $150 for the shotgun. After some negotiations, Gentilcore and Kristalidis agreed upon $1,600 for the cocaine and $100 for the gun. Before giving the gun to Gentilcore, Kristalidis took it from defendant and showed Gentilcore how to conceal the gun while carrying it. After wiping off his fingerprints from the gun, Kristalidis gave it to Gentilcore, who then left with the cocaine, the gun, and the shotgun shells removed from the gun.

At trial, Gentilcore testified to further meetings and drug buys from Kristalidis. Defendant objected to the testimony on the basis that he was not a participant in these drug transactions. The court, however, allowed the testimony but admonished the jury that it could not consider the evidence against defendant.

Defendant also objected to Gentilcore’s testimony, after he was asked why he did not test for fingerprints on the bag of cocaine, that “it comes down to a credibility issue. It’s either I am lying or their [sic] telling the truth or vice versa.” Based upon this testimony, defendant moved for a mistrial, alleging that Gentilcore’s statement “shifts the burden upon defendant to testify.” The court denied defendant’s motion.

After the close of the evidence, defendant’s counsel attempted to waive the jury; the court, however, denied defendant’s request, stating, “I think once you have a jury and the jury is here and selected and [has] heard evidence, it’s more appropriate that the case continue to the jury.”

Following closing arguments, the jury found both defendant and Kristalidis guilty of armed violence and delivery of a controlled substance. After the court imposed sentence, defendant appealed.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 184, 214 Ill. App. 3d 895, 158 Ill. Dec. 390, 1991 Ill. App. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stamos-illappct-1991.