People v. Walker

901 N.E.2d 429, 386 Ill. App. 3d 1025, 327 Ill. Dec. 101, 2008 Ill. App. LEXIS 1208
Appellate Court of Illinois·Decided December 4, 2008·No. 3-06-0268·Published·Cited by 14 cases

Opinions

JUSTICE CARTER

delivered the opinion of the court:

A jury found the defendant, Christ E. Walker, guilty of: (1) first degree murder (720 ILCS 5/9 — 1(a)(1) (West 2004)); (2) attempted murder (720 ILCS 5/8 — 4(a), 9 — 1(a)(1) (West 2004)); (3) aggravated discharge of a firearm (720 ILCS 5/24 — 1.2(a)(2) (West 2004)); and (4) aggravated unlawful use of a weapon (720 ILCS 5/24 — 1.6(a)(1) (West 2004)). The trial court sentenced the defendant to consecutive prison terms of 49 years for murder and 20 years for attempted murder. Additionally, the court imposed prison terms of 10 years for the discharge offense and 5 years for the unlawful use offense, to be served concurrently with the attempted murder sentence.

On appeal, the defendant initially argued that he was entitled to a new trial because of: (1) improper statements by the prosecutor during closing arguments; and (2) jury prejudice. However, on June 27, 2008, the defendant asked this court’s permission to withdraw his first issue. We hereby grant the defendant’s request to withdraw that question. We affirm.

BACKGROUND

As a preliminary matter, we note that a portion of the written sentencing order, issued by the trial court on April 4, 2006, does not comport with the court’s oral pronouncement at the sentencing hearing that same day. The written order incorrectly indicates that the sentences for both the discharge offense and the unlawful use offense are to be served consecutively to the murder sentence. The court orally stated that the sentences for these two offenses were to be served concurrently with the sentence for attempted murder.

When the oral pronouncement of a trial court conflicts with its written order, the oral pronouncement controls. People v. Jones, 376 Ill. App. 3d 372, 876 N.E.2d 15 (2007). In this case, we have indicated what the trial court orally stated the sentence to be, which prevails over the written sentencing order.

The State charged the defendant with having committed first degree murder on March 27, 2005, by shooting Dwayne Cooks in the head, causing his death. He was charged with the attempted murder of Eddie Perez, who was a responding police officer, by shooting at Perez. The State alleged that the defendant committed aggravated discharge of a firearm by knowingly discharging a firearm in the direction of another person or persons. He also was charged with aggravated unlawful use of a weapon by carrying a loaded, uncased, immediately available firearm in a vehicle. At trial, the State presented testimony and physical evidence concerning these allegations.

After a recess during the State’s case in chief, the court met with the parties and juror Jennifer Smith in chambers. The court said, “Now, Miss Smith, the reason I have convened everybody here is that the bailiff indicated to me *** that you wanted to talk to me. What is it you would like to communicate?” Smith said the following:

“I just had a concern on my safety and the safety of the other jurors when we exited the building because we have people that are sitting in the courtroom on the defense side.
When I was leaving yesterday!,] I was behind four individuals that were in the courtroom. When I was walking behind them!,] I heard one of them say something like shooting up the courtroom, and then another individual said I object. So hearing that — and I can’t tell you who said what because their mouths weren’t even directed at me because I was behind them. When I heard them say that they — and they were walking down the back steps, I took off in to the grass not running but just walking quickly to my car.
When I got into my car, which it was parked right behind the building to the left, you have to go this way in the parking lot, then turn around and come back up this way. By the time I got to this part to leave the parking lot[,] the four individuals were right there, and I felt that they purposely walked slow and I had to stop the car before I could go past them, each one of them made eye contact with me. I don’t — I felt intimidated. I don’t — I want to be fair. I don’t know if that was their intention but that’s how I felt.
So[,] I had mentioned that to the other jurors if they felt intimidated when they leave.”

Smith stated that some other jurors, “mostly the women,” said that they also felt intimidated when leaving the courthouse. In discussions among the jurors, they agreed to communicate the situation to the bailiff and to ask if they could obtain escorts to their cars.

The court reassured Smith that it would take measures to eliminate the possibility of such contact between jurors and the public in the future. The court then asked Smith whether her experience would affect her “ability to be a fair and impartial juror in this case.” Smith said, “I *** believe I can be fair and impartial, absolutely.” When the court asked Smith if she would “hold [her experience] against one side or the other,” Smith replied, “Not at all.”

After further discussions with Smith, the court released her to the jury room. The court and the parties then agreed that all of the jurors should be questioned because Smith had related her experience to them.

The court and the parties then questioned the other 11 jurors concerning Smith’s discussions with them. Four of these jurors noted that Smith identified the men who made the remarks as having sat on the same side of the courtroom as the defendant. When one of these four jurors was asked if the incident would influence her ability to carry out her duties as a juror, she said, “I don’t think so.” When asked if she could be objective, fair, and impartial, this juror answered, “I believe so.”

Another of these four jurors stated that because the men were sitting on the defendant’s side of the courtroom, she assumed they were supporters of the defendant. When this juror was asked whether the experience would influence her ability to decide the case based solely on the evidence, she replied, “I would say no.” When she was asked if she could focus on the evidence rather than the spectators’ gallery, she said, “I would hope that I can.”

One juror stated that all he knew was that Smith had said that “[s]omebody was walking behind her and made some comments.” This juror indicated that he was not paying attention when Smith described the comments. Neither the court nor the parties asked this juror whether Smith’s discussions would affect his ability to decide the case fairly and impartially. The remaining jurors, who were asked that question, stated that Smith’s experience would not affect their abilities to decide the case fairly and impartially.

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People v. Walker, 901 N.E.2d 429, 386 Ill. App. 3d 1025, 327 Ill. Dec. 101, 2008 Ill. App. LEXIS 1208 (Ill. Ct. App. 2008).

901 N.E.2d 429 (People v. Walker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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