People v. Tisdel

739 N.E.2d 31, 250 Ill. Dec. 570, 316 Ill. App. 3d 1143, 2000 Ill. App. LEXIS 797
CourtAppellate Court of Illinois
DecidedSeptember 29, 2000
Docket1-98-0393
StatusPublished
Cited by29 cases

This text of 739 N.E.2d 31 (People v. Tisdel) 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. Tisdel, 739 N.E.2d 31, 250 Ill. Dec. 570, 316 Ill. App. 3d 1143, 2000 Ill. App. LEXIS 797 (Ill. Ct. App. 2000).

Opinions

JUSTICE GREIMAN

delivered the opinion of the court:

A jury convicted defendant of first degree murder. The State’s evidence consisted of four eyewitnesses who identified defendant as the shooter in a drive-by shooting. The trial court sentenced him to 35 years in prison. Defendant now appeals, arguing that the trial court erred in (1) refusing to allow expert testimony regarding eyewitness identification; (2) admitting nonidentification lineup testimony; (3) admitting testimony regarding the identification of his codefendant; and (4) allowing lineup photographs to go back to the jury. Defendant also argues that he received ineffective assistance of counsel based on his trial counsel’s failure to object to the nonidentification testimony and testimony regarding his codefendant.

On August 19, 1996, three eyewitnesses identified defendant from a lineup as the passenger who shot Julio Lagunas in a September 3, 1995, drive-by shooting. He was arrested and charged with first degree murder. The driver of the car, Mark Robinson, had already been arrested and charged in connection with the crime.1 On September 12, 1997, a fourth eyewitness picked defendant out of a lineup as the shooter. Defendant filed motions in limine to quash his arrest and suppress the lineup identifications. The trial court denied the motions.

Defendant also filed a motion in limine to allow expert testimony on eyewitness identification. Defense counsel asserted that Dr. Elizabeth Loftus would testify regarding the scientific bases for eyewitness identification and identify certain areas where jurors hold misconceptions about the identification process. Defendant’s written offer of proof alleged that Dr. Loftus would discuss several factors beyond the knowledge of the average lay person that affect a witness’ ability to recall. Specifically, she would have testified about the latest scientific research concerning the passage of time between the incident and the identification; the lack of correlation between the certainty with which a witness makes an identification and the validity of that identification; the effect of stress on a witness; weapon focus; and cross-racial identification. Although the trial court found Dr. Loftus’ curriculum vitae to be “extremely impressive,” it determined that her testimony would not ordinarily be beyond the normal knowledge of the average person and in this case would be more confusing than it would be helpful; however, it did not deny the motion because such testimony might not, in the appropriate case, be proper. Consequently, the trial court denied the motion.

At trial, the State called Gerardo Quiroz. Gerardo testified that on September 3, 1995, he was standing on the sidewalk outside Clark Mall. His friend Jose Ramos was making a call on a pay phone at the mall entrance. The parking lot was next to the entrance of the mall. Gerardo’s brother, Osvaldo, was standing near Jose. Gerardo observed a car heading south on Clark Street. The car was a black IROC Cámaro with tinted windows, chrome wheels, and two tailpipes. The side windows of the car were down. The car pulled into the mall entrance and stopped near the phones. The two men inside the car attempted to talk to some girls who were heading toward the mall entrance. After the girls entered the mall, the car drove toward the back of the parking lot, turned right, and came through the middle of the lot. The car stopped on the sidewalk before turning left into Clark Street. At this point, Gerardo was closer to Jose, and the car was approximately 30 to 40 feet from them when Gerardo saw the passenger pull out a gun and point it at them. Gerardo testified that he tried to hide behind a nearby brick pillar but was able to focus on the face of the passenger. Gerardo identified defendant as the passenger.

Gerardo saw Francisco Curonel standing across the street in front of Touhy Park as Gerardo and Jose followed the car on the Touhy Park (east) side of the street. Osvaldo remained on the mall side of the street. Francisco attempted to “hit” the car with something but missed. The passenger took out the gun and pointed it at Francisco, who ducked. The car continued along Clark Street and went through the Jarvis, Clark and Rogers intersection. Osvaldo crossed the street from the mall side. Gerardo saw Julio Lagunas and Ulysses Renteria, who died before the trial started, trying to cross Clark Street from the Touhy Park side of the street. The car stopped, and Gerardo “saw a hand sticking out” from the passenger side of the car. At this point, Gerardo was at the Jarvis intersection north of the mall. There was a gun in the passenger’s hand, and it was pointed toward Julio and Ulysses when Gerardo heard a gunshot. The car then sped up and “took off north.” Gerardo ran up to Julio and Ulysses. Jose was already there, and Osvaldo arrived immediately thereafter. Osvaldo went home before the police arrived. Gerardo, Jose, Francisco, and Ulysses described the car to the police and were taken to the 24th District police station, where they viewed the car.

Gerardo testified that he was then taken to Belmont and Western station to talk to detectives. Gerardo described the passenger as a 23-year-old skinny black male with braided hair and a light complexion. He viewed a lineup but was unable to identify anyone. On August 16, 1996, Gerardo viewed another lineup and recognized the second person from the left as the passenger, whom he identified as the defendant, and he also identified People’s exhibit 14 as a picture of the lineup, placing an “X” over the passenger’s head.

During cross-examination, when defense counsel asked Gerardo if he was initially 30 to 40 feet away from Jose and Osvaldo, he answered “no.” Defense counsel attempted to impeach him with testimony he apparently gave during Robinson’s trial. Gerardo did not remember testifying that Jose and Osvaldo were 30 to 40 feet away from him. The parties stipulated that on July 10, 1997, Gerardo testified that he was on the sidewalk on the side of the mall and that Osvaldo and Jose were 30 or 40 feet away from him. Gerardo explained that when the car first pulled into the lot, he saw two black males but couldn’t tell what they looked like at that point. Gerardo moved over to the phones. The car made its way around the parking lot and stopped before turning onto Clark Street. He saw the passenger pull out the gun. He denied feeling fearful, stressed, or nervous. The car turned left and went north on Clark. Gerardo stated that he “hung back a bit” as he followed the car.

Gerardo admitted that he talked with the others about what they saw when they went to view the first lineup at Belmont and Western. He did not remember talking to Osvaldo and Francisco when he viewed the lineup a year later nor did he remember whát the passenger was wearing, but he did remember that the passenger had braids close to his head with beads on the end. He told the police at the scene about the braids.

The State called Osvaldo Quiroz next. Osvaldo testified that he was standing near the pay phones with Jose. Gerardo was standing about 20 feet to the south on the sidewalk. A car came through the driveway of the parking lot and stopped right at the phones. It was a black IROC Camaro with chrome pipes, chrome rims, and tinted windows. The windows were down and he could see two black people inside the car. He saw them talk to “two or three” girls. Osvaldo was about 20 feet from the car and could see inside the vehicle. The driver’s side was closest to him.

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Cite This Page — Counsel Stack

Bluebook (online)
739 N.E.2d 31, 250 Ill. Dec. 570, 316 Ill. App. 3d 1143, 2000 Ill. App. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tisdel-illappct-2000.