People v. Thomas

881 N.E.2d 541, 377 Ill. App. 3d 950, 317 Ill. Dec. 373, 2007 Ill. App. LEXIS 1299
Appellate Court of Illinois·Decided December 19, 2007·No. 1-05-2778·Published·Cited by 20 cases

Opinion

JUSTICE CUNNINGHAM

delivered the opinion of the court:

In a bench trial, the defendant Jerome Thomas was convicted of two counts of first degree murder and one count of home invasion, receiving a sentence of natural life imprisonment, concurrent with a 30-year prison term. On appeal the defendant does not contest the sufficiency of the evidence of his guilt. He seeks a new trial on the following grounds: (1) his trial counsel was ineffective for eliciting the defendant’s testimony concerning the details of previous home invasions committed by the defendant; (2) the trial judge abused her discretion when she barred expert testimony concerning the unreliability of eyewitness identification; (3) because the trial judge was a longtime friend of defense counsel, she erred in denying the defendant’s request that she recuse herself from hearing the defendant’s motion for a new trial, which was based on a claim of ineffective assistance of counsel; and (4) the trial judge erred by, sua sponte, allegedly taking judicial notice of the time it would take to cook a particular meal thereby impeaching the alibi testimony of the defendant’s mother. For the reasons set forth below, we find no reversible error and affirm the defendant’s convictions and sentences.

BACKGROUND

This trial commenced on March 4, 2004, about eight years and two months after the occurrence. The State’s evidence established the following. On Christmas Eve 1995, several armed men entered the home of Leon and Lucille Fields (Fields) in an apparent attempt to steal drugs and money. In addition to the Fields, also in the home that evening were their nephew, Victor Wallace, their niece, Latanya Wallace, and her cousin, Kenneth Fields, their daughter Angela Fields, Angela’s children, Larry Fields and Loreen Monique Phillips, and Angela’s nephew, Auvion Strong. Before the men left that evening, they had shot to death Leon and Victor.

Angela, approximately 29 years old at the time of this incident, testified that shortly after 11 p.m. that evening she was in her parents’ basement where her children, Larry and Loreen, and her nephew, Auvion, were sleeping. As Angela lay in bed, a man with a gun approached her and ordered her to get out of bed. The room was illuminated with a dimmed lamp and a nightlight. The man wore an orange-beige jumpsuit and had a skullcap covering his forehead. When she got up, the man grabbed her by the hair and began to take her toward the stairs that led to the first floor. She then saw her father, Leon, standing at the bottom of the stairs with a gun. Leon attempted to shoot her captor, but the gun jammed, and the man shot Leon in the side and then chased him up the stairs. Angela tried to run out of the basement, but she was stopped by another armed man, whom she identified at trial as the defendant, who told her, “Bitch, put your hands up in the air before I kill you.” The man was wearing a jumpsuit identical to that of the first intruder, carried a flashlight, and had a device in his ear which appeared to be a phone or a walkie-talkie. He identified himself as a police officer and forced her upstairs, where she saw Leon lying in the hallway.

The defendant took Angela into her brother Dexter’s bedroom and placed her on the bed. Dexter was not at home. He rifled through a closet in that room for three to four minutes, while Angela watched him. He then turned around and threatened to kill her if she did not put her face “to the bed.” He also struck her in the head with his flashlight and asked her where the “keys” were, which she understood as a reference to drugs. The defendant left the room and a third man came in and rifled through drawers and other items in the room. As he left the room she heard him say, “Man, if that bitch don’t tell us where it’s at, we are going to have to kill her.” The defendant reentered the room and again asked her where “it” was. She told him to look under the bed, so he made her get up. When she did so she looked at him face-to-face, but he ordered her to lie on the floor, saying he would have to kill her if she kept looking at him. He then flipped over the bed and took some items, which he hid on his person.

Angela then heard a commotion in the hall, with people asking about Dexter. She heard her cousin, Victor, tell them to leave them alone and “go on 57th and find Dexter.” The next thing she heard was a gunshot and she did not hear Victor’s voice again. The men then left, and as they ran outside, she heard one of them say, “Why did you shoot that boy?” When Angela left the bedroom, she saw her father and Victor lying on the floor, and she ran across the street to her uncle’s house and summoned the police.

A few weeks later Angela, her mother, and other family members were watching the news on television when Angela saw the defendant and several of the other home invaders, accompanied by police officers. She and her mother reported this to the police, and about a week later, on February 8, 1996, she and other family members were summoned to the police station to view a lineup. Angela was shown a photo array, but she testified that these pictures depicted the men when they were much younger, and to be certain of her identification, she asked the police if she could see the men in person. She was then shown a lineup in which she identified the defendant and an unspecified number of the other home invaders.

Angela’s son Larry was nine years old when these events occurred. He testified that he was asleep in the basement and was awakened by a loud noise and the sound of people walking upstairs. When he did not see his mother in the basement, he woke up his cousin Auvion and they walked upstairs. There, Larry saw his grandfather Leon lying on the floor and his cousin Victor sitting in the bathroom doorway. A man standing behind a door claimed they were police officers and ordered the two children to lie on the floor. Larry lay on his side. A man wearing a black jumpsuit and a black vest stood over them. He had a radio on his hip and a headset connected to it. Next, a man identified in court by Larry as the defendant changed places with the man in the black jumpsuit. The defendant was wearing a brown or beige jumpsuit, with a scarf covering his eyes and mouth and a hat pulled down. However, the scarf was subsequently lowered so that Larry, from a distance of about three feet, could see the defendant’s entire face. According to Larry the light from the bathroom was bright and he was able to “get a good look” at the defendant’s face. The defendant stepped over Larry, shot Victor, and then left with the other man. According to Larry there were four offenders at the scene. The third and fourth men were also wearing beige jumpsuits like the one worn by the defendant. Larry testified that he identified the defendant in the February 8, 1996, lineup as the man who killed Victor.

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People v. Thomas, 881 N.E.2d 541, 377 Ill. App. 3d 950, 317 Ill. Dec. 373, 2007 Ill. App. LEXIS 1299 (Ill. Ct. App. 2007).

881 N.E.2d 541 (People v. Thomas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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