People v. Travis

525 N.E.2d 1137, 170 Ill. App. 3d 873, 121 Ill. Dec. 830, 1988 Ill. App. LEXIS 884
CourtAppellate Court of Illinois
DecidedJune 21, 1988
Docket4-87-0289
StatusPublished
Cited by59 cases

This text of 525 N.E.2d 1137 (People v. Travis) 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. Travis, 525 N.E.2d 1137, 170 Ill. App. 3d 873, 121 Ill. Dec. 830, 1988 Ill. App. LEXIS 884 (Ill. Ct. App. 1988).

Opinion

JUSTICE LUND

delivered the opinion of the court:

On February 24, 1987, defendant Danny Travis was found guilty by a jury in the circuit court of Macon County of the offenses of murder, home invasion, residential burglary, and aggravated criminal sexual assault in violation of sections 9 — 1, 12 — 11, 19 — 3, and 12 — 14, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1, 12 — 11, 19 — 3, 12 — 14). Defendant subsequently received a prison sentence of natural life on the murder conviction, 60 years’ imprisonment for home invasion, 60 years’ imprisonment for aggravated criminal sexual assault, and 30 years’ imprisonment for burglary, with all sentences to be served concurrently. Defendant appeals, alleging (1) various statements he made were improperly allowed into evidence; (2) the court erred in refusing to dismiss a juror; (3) the jury instructions deprived him of his right to a unanimous verdict; and (4) all the convictions but the murder conviction must be vacated. We affirm and modify.

On Wednesday, October 30, 1985, D.H., age 66, was found dead in her home. The assailants gained entry by breaking out a basement window and crawling into the house. They exited by the back door, which was found ajar. The premises-were deteriorated, with peeling wallpaper, and full of boxes, papers, and refuse. The telephone had been pulled off the wall.

D.H. was found lying face up on the living room floor on several blankets. A bloodstained rubber mallet lay about one foot from her head. The two blouses she wore were tom open, and her brassiere was pushed over her breasts. She was naked below her waist. Her ankles and right wrist were separately bound with pieces of cloth, but these bindings were not tied to anything. Her left hand was bruised and bloodstained, and blood was smeared on her stomach. A bloodstained two-cell Ray-O-Vac flashlight was found at her feet. A pair of panties and men’s pajamas were laying at her feet. A semen stain was found on the bedspread she was lying on.

The autopsy revealed she had died from manual strangulation. She also sustained considerable head injuries and lacerations to her face and lips. The shape of the mallet corresponded with injuries to her head. There were also multiple injuries to her vagina. It appeared as if something had been thrust into her vagina causing tearing. It was impossible to tell if the vaginal injuries were pre- or post-mortem. Her left hand had numerous injuries consistent with a defensive effort on her part to ward off blows of some type.

Nobody was arrested at that time, and the case was left open by the Decatur police.

At 9:30 p.m. on Thursday, September 25, 1986, Detective Brian Bell of the Decatur police department went looking for defendant to interview him concerning the murder of Gregory Taylor. He was acting upon information that had been received that defendant admitted involvement in the Taylor crime to others. Upon finding him, Bell placed defendant under arrest for the murder and took him to the Decatur police department jail. At 9:50 p.m., defendant was interviewed and, eventually, made an inculpatory statement concerning the Taylor offense, which was tape-recorded, with the interview concluding at 11:55 p.m.

At 8:05 a.m. on the following morning, defendant was again questioned about the crime. Defendant then took the officers to a location in Decatur involved with the crime and was returned to his cell around 9:45 a.m.

At 7:45 p.m. on that day, Friday, September 26, defendant was again interviewed. He changed his story and implicated a friend, J. R. Wilson, as a codefendant. Defendant then volunteered that he and Wilson had killed an old lady near Garfield school. D.H.’s house was near Garfield school.

Defendant’ stated that Wilson approached him about breaking into the old lady’s house. They drove by the house a few times until the lights went out. They then parked in the alley behind the house. Wilson went to the house and kicked in the basement window, gaining entry. He then opened the back door letting defendant in. As they entered the house, D.H. got up from the couch in the living room, and Wilson knocked her down.

Defendant stated he then went to the back bedroom and collected some silverware, jewelry, and $600 in cash. At this time, defendant was wearing plastic gloves. Defendant reentered the house and saw Wilson take a ring off D.H.’s finger, tear her nightgown, and rape her. Wilson also struck her several more times about the head. Defendant stated he was carrying a flashlight and remembers the house had peeling wallpaper.

After giving this statement, defendant was taken to a police car and directed the officers to the scene of the crime. He also gave a description of the interior and how access to the house was gained. They returned to the police department, and defendant gave a tape-recorded statement concerning both crimes. Defendant was then taken to a polygraph examiner. As he left the examiner around 12:30 a.m., defendant volunteered to the police that he had shoved a flashlight into D.H.’s vagina.

On Saturday, September 27, defendant was only disturbed for purposes of having hair samples taken and to be shown some spoons similar to those taken from D.H.’s house.

On Sunday, September 28, defendant identified a flashlight similar to the one he used on D.H. He maintained he only did this after Wilson had killed her. Defendant also gave a blood sample.

At 4:05 p.m. on Monday, defendant was questioned some more concerning the Taylor murder. At 4:15 p.m., he was taken for more polygraph examinations. Upon leaving the examiner, defendant volunteered that he wanted to tell the truth and that he killed D.H. by himself. Defendant’s last interview occurred at 8:40 p.m. that evening. The next day, an information was filed, and defendant appeared in court.

Defendant subsequently filed a motion to suppress his confession. It asserted the confession should be suppressed since defendant was not taken without unnecessary delay before a judicial officer. The motion also alleged that the statements stemmed from an unknowing and involuntary waiver of his rights due to defendant’s subnormal intelligence and the fact he was intoxicated, deprived of sleep, and threatened by the police. A hearing was conducted on December 9, 1986.

Detective Brian Bell testified he arrested defendant on September 25 for the Taylor murder. Defendant was taken to the interview room at the police station by Officer Rick Jones and Bell around 9:50 p.m. Bell gave defendant a custodial interview advice form which contained the Miranda warnings and asked him to read along as Bell read it out loud. Defendant pushed the form away and stated he would not, saying he was not going to sign anything. Bell then verbally admonished defendant of his rights which defendant stated he understood. Bell then gave defendant the form explaining it contained the warnings just given. They then read the form, and defendant signed it, acknowledging he understood these rights. Defendant at no time indicated he did not understand, nor did he appear confused. Defendant later advised he could not read and write. Defendant gave a taped statement concerning the Taylor murder. This tape contained an admonishment of defendant and his waiver.

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Cite This Page — Counsel Stack

Bluebook (online)
525 N.E.2d 1137, 170 Ill. App. 3d 873, 121 Ill. Dec. 830, 1988 Ill. App. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-travis-illappct-1988.