People v. Stewart

514 N.E.2d 51, 161 Ill. App. 3d 99, 112 Ill. Dec. 655, 1987 Ill. App. LEXIS 3219
CourtAppellate Court of Illinois
DecidedSeptember 28, 1987
Docket2-85-0427
StatusPublished
Cited by11 cases

This text of 514 N.E.2d 51 (People v. Stewart) 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. Stewart, 514 N.E.2d 51, 161 Ill. App. 3d 99, 112 Ill. Dec. 655, 1987 Ill. App. LEXIS 3219 (Ill. Ct. App. 1987).

Opinion

JUSTICE DUNN

delivered the opinion of the court:

Defendant, Lavertis Stewart, was convicted by a jury of murder, attempted murder and armed robbery. He was sentenced to a 75-year term of imprisonment on the murder conviction and a concurrent 30-year term of imprisonment on the attempted murder conviction. No sentence was imposed on the armed robbery conviction. This case stems from an incident that occurred at the Rainbow Tap in Rockford in August 1983. Two other individuals were convicted as a result of this incident, and their appeals have already been decided by this court. (See People v. Flint (1986), 141 Ill. App. 3d 724, 490 N.E.2d 1025; People v. Richardson (1985), 139 Ill. App. 3d 598, 487 N.E.2d 716.) On appeal, defendant raises three issues for our review: (1) whether the shackling of defendant’s ankles during trial and placing defendant in an isolation cell during the overnight recesses between trial days deprived him of a fair trial; (2) whether the State’s application for use of an eavesdropping device was supported by reasonable cause; and (3) whether the jury was improperly instructed on attempted murder. As the defendant has not challenged the sufficiency of the evidence against him, we include only those facts necessary to resolve the issues raised.

I

Defendant’s initial argument attacks the restraints placed on him during the course of trial. Defendant first contends the shackling of his ankles was unnecessary, and the court failed to conduct the proper inquiry in determining whether shackles were necessary as provided in People v. Boose (1977), 66 Ill. 2d 261, 266-67, 362 N.E.2d 303. The State responds there was sufficient justification for the security measures, and the court considered many of the pertinent factors to be weighed in determining whether shackling was appropriate. The State further asserts since the jury was unaware of the shackles, the defendant has failed to demonstrate any prejudice, and any error that may have occurred was harmless.

Prior to trial, the judge advised counsel he had received a letter from the sheriff’s department recounting that defendant had stated he would not be taken out of the courtroom alive. Based on this information, the sheriff’s department requested tighter security at trial and permission to place some form of physical restraints on the defendant during the trial. Defendant’s primary objection concerned the impact the shackling would have on the jury. The court assured defendant that any restraints used would be shielded from the jury’s view. During trial, defendant’s ankles were shackled, and efforts were undertaken to prevent the jury from viewing the restraints. There is no indication in the record, and defendant does not claim, the jury was apprised of the ankle shackles used on defendant or the shackles precluded defendant from assisting counsel in his defense. We find these factors dispositive of defendant’s claim.

Absent a showing of prejudice, defendant’s argument is unpersuasive. The reluctance of courts to sanction the shackling of a defendant during court proceedings, except when there is a manifest necessity, arises because shackling has a tendency to prejudice the jury; it restricts the defendant’s ability to assist counsel; and it is viewed as an affront to the dignity of the judicial process. (People v. Boose (1977), 66 Ill. 2d 261, 265, 362 N.E.2d 303.) In Boose and People v. Brown (1977), 45 Ill. App. 3d 24, 358 N.E.2d 1362, the cases relied on by defendant, the jury was made aware of the restraints placed on defendant. Prejudice was thereby shown, and the courts’ inquiries revolved around the propriety of the shackling. The standard of review was set forth in Boose as follows: “whether the trial court abused its discretion in requiring the defendant to appear shackled before the jury.” (People v. Boose (1977), 66 Ill. 2d 261, 267, 362 N.E.2d 303.) Here, we need not reach the question of the propriety of the shackling, because there is no indication in the record defendant appeared shackled before the jury or that the jury was aware defendant’s ankles were shackled. In addition, there is no indication the ankle shackles prevented defendant from consulting with counsel. Finally, shielded ankle shackles are far less of an affront to the dignity of the judicial process than, for example, the binding and gagging of a defendant. In sum, we find no reversible error arising from the ankle shackling of defendant.

Defendant also contends his placement in an isolation cell during the overnight recesses of his trial deprived him of his sixth amendment right to counsel (U.S. Const., amend. VI) and affected his ability to concentrate and assist in his defense. Defendant was placed in isolation for observation purposes based on the sheriff department’s fear that defendant was going to harm himself on account of his statement that he would not be taken from the courtroom alive. The solitary cell housing defendant contained an overhanging light that remained lit at all times and was located in an area that was noisy throughout the night. While in isolation, defendant did not have access to a telephone. On at least three occasions during trial, defendant requested to be transferred back to the jail’s general population. Defendant complained of fatigue, the lack of a mattress cover and the fact he was not allowed to smoke cigarettes. There is no indication that defendant desired, attempted or was prevented from consulting with counsel while he was in isolation.

In support of his sixth amendment claim, defendant relies on Geders v. United States (1976), 425 U.S. 80, 47 L. Ed. 2d 592, 96 S. Ct. 1330, and People v. Noble (1969), 42 Ill. 2d 425, 248 N.E.2d 96. Both Geders and Noble held that a defendant’s right to the assistance of counsel is violated by a trial court order precluding defendant from consulting with his attorney during an overnight recess between defendant’s direct and cross-examination. Defendant’s reliance on these cases is misplaced. Here, the trial court did not preclude defendant from consulting with counsel during the overnight recesses. Moreover, there is no suggestion in the record that defendant desired, attempted, or was prevented from contacting counsel by the authorities at the jail. Under these circumstances, defendant’s sixth amendment claim must fail because there is no showing defendant was deprived of his right to the assistance of counsel. See People v. Brooks (1987), 115 Ill. 2d 510, 520-21, 505 N.E.2d 336.

Defendant also asserts the conditions of the isolation cell affected his ability to concentrate and assist in his defense. This contention is unsupported by any legal authority and is belied by the record. After the second and third days of trial, the trial judge stated, in response to defendant’s objections to the isolation cell, that defendant was attentive throughout the proceedings.

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Cite This Page — Counsel Stack

Bluebook (online)
514 N.E.2d 51, 161 Ill. App. 3d 99, 112 Ill. Dec. 655, 1987 Ill. App. LEXIS 3219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stewart-illappct-1987.