People v. Truss

626 N.E.2d 1175, 254 Ill. App. 3d 767, 193 Ill. Dec. 624, 1993 Ill. App. LEXIS 1471
CourtAppellate Court of Illinois
DecidedSeptember 24, 1993
Docket1-90-1426
StatusPublished
Cited by9 cases

This text of 626 N.E.2d 1175 (People v. Truss) 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. Truss, 626 N.E.2d 1175, 254 Ill. App. 3d 767, 193 Ill. Dec. 624, 1993 Ill. App. LEXIS 1471 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

After a jury trial, defendant Geoffrey Truss was found guilty of the first degree murder of Kenneth Geralds. The trial court subsequently sentenced him to a term of 40 years. On appeal, defendant contends that: (1) the trial court committed reversible error by giving the jury two issues instructions on first degree murder, the first of which did not inform the jury that if it found the elements of first degree murder it must go on to determine whether defendant had proved a mitigating factor so as to reduce the offense from first to second degree murder; (2) the trial court erred by excluding evidence regarding defendant’s state of mind; (3) the trial court erred in giving an improper non-Illinois Pattern Jury Instruction; (4) he was deprived of a fair trial by the prosecutor’s repeated misstatements of law and fact in closing argument; (5) the trial court erred in refusing to inform a juror opposed to the death penalty that this was not a capital case; (6) the Illinois murder statute is unconstitutional as a violation of due process; and (7) the trial court abused its discretion by permitting the State to use his two prior convictions to impeach him.

The following relevant facts were elicited at trial. Jerry Jenkins testified for the State that on July 3, 1987, the date the deceased was killed, he was living with his mother, Patricia Jenkins, his sister, his brother and defendant, who was his mother’s boyfriend. At approximately midnight or 1 a.m. on July 3, Jerry was sitting on his front porch with two friends when his mother came home accompanied by the deceased. Shortly thereafter, defendant came home and sat on the porch talking to Jerry and his friends for 20 or 30 minutes before going inside. At some point, Jerry heard a loud commotion occurring inside the house. He went inside to investigate and found defendant standing in a doorway near the bathroom holding a knife in his right hand, with his forearm parallel to the floor and extended in front of him.

Jerry saw the deceased sitting in a chair in the dining room with a small bloodstain on the left side of his chest. While Jerry attempted to stop the bleeding, he heard defendant throw the knife into the bathroom and go into the bedroom.

Jerry stated on cross-examination that he had a good relationship with defendant and that defendant did not show any signs of anger towards him or his friends prior to entering the house, nor was he generally in a violent or angry mood. Jerry was not in the house when the deceased was stabbed and, thus, did not see the events which led to the stabbing. According to Jerry, defendant never attempted to hide the knife or flee from the scene.

Jennifer Jenkins, Jerry’s sister and Patricia’s daughter, was also home when the deceased was stabbed. She was in her bedroom with her three-month-old daughter. From the bedroom, she heard her mother and the deceased talking and laughing in the dining room. Sometime later, she heard defendant tell her mother to “come here” followed by steps to the kitchen and then back to the dining room. She then heard a little noise and her mother screaming, “Wliy did you do it, Geoffrey?” Jennifer came out of her bedroom to see what had happened, and Jerry told her to call the police.

John Maciejewski, a Chicago police officer, testified for the State that he responded to a call of a man stabbed and proceeded to defendant’s house. When he arrived, he observed the deceased sitting in a chair in the dining room and Jerry holding a towel to the deceased’s chest. Defendant told Maciejewski that he had stabbed the deceased. Defendant extended his hands out towards Maciejewski, and Maciejewski handcuffed him. Maciejewski later found a butcher knife on the bathroom floor.

Detective Donald Barton of the Chicago police department interviewed Patricia and Jennifer Jenkins, as well as defendant. After defendant was advised of his constitutional rights and indicated he understood them, he gave Barton a statement of the events which led to the stabbing. According to Barton, defendant stated that when he came home around 2 a.m. on the morning in question, Patricia was sitting at the dining room table with the deceased. Defendant had met the deceased once before. Defendant had lived in the house with Patricia for approximately nine months prior to the stabbing. Defendant went into the bedroom and shortly thereafter called for Patricia. He told her to tell the deceased to leave, and Patricia stated that he would leave in a few minutes. After several minutes, defendant again asked Patricia to tell the deceased to leave, but the deceased remained. Defendant came out of the bedroom, went over to the dining room table, and argued with the deceased. The deceased pushed him, and defendant “faked, like he was going away or moving away” and went into the kitchen. He picked up a kitchen knife and returned to the dining room and stabbed the deceased in the chest. According to Barton, defendant said he stabbed the deceased because he was angry that the deceased was still in the house.

On cross-examination, Barton stated that defendant was not wearing a shirt at the time Barton questioned him. Barton added that defendant was cooperative in talking with him.

Barton ¿Iso stated that defendant told him that prior to Patricia leaving the house the evening before the stabbing, she and defendant had an argument and she told defendant he “would be sorry later.” Defendant told Barton that while the deceased was in the house, he felt that the bedroom “was not the place to be”; that he felt “unsafe”; and that he thought Patricia brought the deceased to the house to make defendant sorry or angry. Defendant further informed Barton that he was calm when he told Patricia to ask the deceased to leave. When he came out to the dining room table, the deceased put his hands on defendant or pushed him. This occurred after defendant told Patricia that he “wanted to feel safe.” Defendant told Barton that he and the deceased never exchanged words. Defendant could not explain to Barton what he meant by the words “he wanted to feel safe.” Defendant stated that he was “very angry” at the deceased, but not that he stabbed him because he was angry.

Assistant State’s Attorney Linas Kelecius interviewed defendant several hours after the stabbing. He took a statement from defendant which was substantially the same as that testified to by Barton. According to Kelecius, defendant read the statement silently, stated “that’s pretty much the way it happened,” but then refused to sign it because it was “inaccurate.”

Doctor Joanne Richmond, a Cook County medical examiner, testified that the deceased’s death was due to massive bleeding from the stab wound of the lung and aorta. The stab wound was to the left chest, just below the left collar bone. On cross-examination, Doctor Richmond stated that the location of the wound would be the closest point to someone standing in front of the deceased as the latter was raising himself out of the chair. She added that the deceased’s blood tested positive for the presence of alcohol.

Patricia Jenkins testified for the State that at approximately 9 or 9:30 p.m. on July 2, she went to her cousin’s house, where she had a few beers. She later went to a lounge where she met the deceased, who had been a friend of hers for several years.

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Cite This Page — Counsel Stack

Bluebook (online)
626 N.E.2d 1175, 254 Ill. App. 3d 767, 193 Ill. Dec. 624, 1993 Ill. App. LEXIS 1471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-truss-illappct-1993.