People v. Tellez

601 N.E.2d 1284, 235 Ill. App. 3d 542, 176 Ill. Dec. 586, 1992 Ill. App. LEXIS 1572
CourtAppellate Court of Illinois
DecidedSeptember 25, 1992
Docket1-90-0129
StatusPublished
Cited by11 cases

This text of 601 N.E.2d 1284 (People v. Tellez) 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. Tellez, 601 N.E.2d 1284, 235 Ill. App. 3d 542, 176 Ill. Dec. 586, 1992 Ill. App. LEXIS 1572 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE EGAN

delivered the opinion of the court:

Following a jury trial, the defendant, Ronald Tellez, was convicted of the murder of Archer Mueller and sentenced to a term of natural life imprisonment. The defendant contends that evidence of other crimes and evidence that he possessed numerous weapons were improperly admitted and that the trial judge erred in barring him from fully exploring the nature of the plea agreement entered into by the State’s crucial prosecution witness. No issue is made of the sufficiency of the evidence.

Archer Mueller, who owned a vending machine business at 12255 South Western Avenue in Blue Island, Illinois, suffered three gunshots on the night of March 28, 1986, and died sometime between 9:30 p.m. and 2:10 a.m. of the following day. The defendant, a Blue Island police officer, was arrested approximately 16 months later in July 1987 and was subsequently indicted for murder, theft, armed violence and solicitation to commit murder. He was tried only for murder.

Before trial, the defendant filed a motion in limine which sought to preclude the admission of evidence that the defendant had committed the murder of Harold Rowley in South Bend, Indiana, in 1984. The defendant also moved to exclude evidence that he had possessed numerous weapons at the time of his arrest. The trial judge denied the motions.

Mueller’s employees called him at his office by telephone and spoke to him at 9:30 p.m. on March 28, 1986. When they called again at around 10:15 p.m., no one answered. Arnold Mueller, Archer’s twin brother and business partner, was called by an employee who unsuccessfully tried to get into the company office. Arnold arrived at the office at 2:10 a.m. He noticed that all of the lights were on. He discovered that the outer glass door was open, but the inner door, which was operated by a buzzer, was locked. He used his key to open the inner door to the office and noticed that the door to the cashier’s office, which should have been locked, was open. He observed the victim’s keys hanging in the door lock.

The walk-in vault should have been open, but it was closed and locked. He operated the combination lock to open the vault door and discovered his brother lying facedown on the floor of the vault. He subsequently noticed that the file-cabinet drawers in the cashier’s office were open, and the rent-receipt envelope was empty. The envelope was kept in a safe in the cashier’s office and had contained at least $335 in cash.

Arnold believed that the only people who had a key to the inner door were himself, his brother, and Joe Winsler, another employee. He later discovered, however, that his brother had been secretly married to Connie Branco and that she also had a key to the inner door.

Tom Doornkaat, a Blue Island police officer, testified that he arrived at the scene at 2:30 a.m. and found no sign of forced entry into the office. He was acquainted with the defendant, who was also a Blue Island police officer. According to Doornkaat, the defendant’s service weapon prior to the time of the murder was a Ruger .357 magnum, but after the night of the murder, the defendant carried a Smith and Wesson 66.

Hayden Baldwin, an evidence technician for the Illinois State Police, testified that he arrived at the scene at 3:30 a.m. and found no signs of forced entry. Based upon the coagulation of the victim’s blood, he determined that the death had occurred four to six hours earlier. The victim had sustained two gunshots in the back and one shot in the head. He found a key to the inner door on the floor near the victim.

James Collier, an Illinois State policeman, testified that he assisted the Blue Island police in the investigation. In July 1986, he received information from the United States Secret Service that John Branco had information about the Mueller murder. Branco was a Federal prisoner in California. Collier went to the Federal prison in California to interview Branco. Thereafter, Collier worked with the FBI and with the Federal Bureau of Prisons to obtain a furlough for Branco, who had agreed to assist in the investigation of the Mueller murder. In April 1987, Collier secured a furlough for Branco and obtained court approval to record Branco’s conversation with the defendant and with other suspects in the murder. Branco was flown to Chicago and taken to the Holiday Inn in Alsip, Illinois. On April 27, 1986, Branco was fitted with a recording device by Special Agent William O’Donnell of the Illinois State Police.

John Branco testified he was the father of Connie Branco, who was the victim’s wife at the time of the murder. He was on parole after serving concurrent prison terms of 15 years for counterfeiting and three years for fraud. He acknowledged that he had been friends with members of organized crime. His daughter visited him in the California prison in June 1986 and told him that she had been involved in Archer Mueller’s murder. Branco told her that he was concerned for her safety. He then contacted the United States Secret Service, repeated his conversation with his daughter about the murder, and later agreed to cooperate with the FBI in the investigation. In April 1987, Branco flew to Chicago in the custody of the FBI. On April 27, 1987, Branco was fitted with a recording device, and at approximately 3:30 p.m., he met the defendant at a lounge in Alsip. His conversation with the defendant lasted for 20 to 30 minutes and was recorded by the device he secretly wore. The recording of that conversation was admitted into evidence and was played for the jury. The prosecution also provided each member of the jury with a transcript of the recorded conversation.

During the recorded conversation, the defendant said that he had wanted to meet Branco for some time. He also told Branco that he had been qualified on 14 different weapons and had been a member of the United States Army Special Forces in Panama, where he conducted 33 operations. The defendant admitted that he “took out” Archer Mueller. He said that he had to go through two closed doors and had to wait for someone to leave before he could kill Mueller. He wore a ski mask, and put two or three shots exactly where he wanted them, making sure the job was done. He was the second Blue Island police officer on the scene following the discovery of Mueller’s murder.

He also told Branco that he had “hit” a man who owned Corby’s restaurant in South Bend, Indiana. He described the manner in which he “assassinated” Mueller. He said that he would kill in “the blink of an eye” if ordered to do so, and he did not need a reason to kill someone and did not kill for personal reasons. He worked alone during his “hits” but used an outsider if necessary to conduct collateral tasks, such as driving a car. He also told Branco that he had all of the weapons he needed secreted in a certain location.

When they left the lounge, Branco introduced the defendant to John Bonino, an undercover FBI agent, who was posing as a member of the Mafia and was waiting in a car which was parked outside the lounge.

John Bonino testified that he subsequently met the defendant on May 14, 1987, at a tollway oasis in Hinsdale, Illinois. Bonino wore a hidden recording device and taped his conversation with the defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
601 N.E.2d 1284, 235 Ill. App. 3d 542, 176 Ill. Dec. 586, 1992 Ill. App. LEXIS 1572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tellez-illappct-1992.