People v. Walker

957 N.E.2d 531, 354 Ill. Dec. 215
CourtAppellate Court of Illinois
DecidedSeptember 1, 2011
Docket1-07-2889
StatusPublished
Cited by5 cases

This text of 957 N.E.2d 531 (People v. Walker) 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. Walker, 957 N.E.2d 531, 354 Ill. Dec. 215 (Ill. Ct. App. 2011).

Opinion

957 N.E.2d 531 (2011)
354 Ill. Dec. 215

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Thomas WALKER, Defendant-Appellant.

No. 1-07-2889.

Appellate Court of Illinois, First District, Fourth Division.

September 1, 2011.
Rehearing Denied October 6, 2011.

*534 Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, Office of the State Appellate Defender (Michael H. Orenstein, Assistant Appellate Defender), for Appellant.

Anita Alvarez, State's Attorney of Cook County (James E. Fitzgerald, Mary P. Needham, Mikah Soliunas, of counsel), for Appellee.

OPINION

Justice PUCINSKI delivered the judgment of the court, with opinion.[*]

¶ 1 Following a jury trial, defendant Thomas Walker was convicted of first degree *535 murder and sentenced to 65 years in prison. On appeal, defendant contends that: (1) the trial court misled the jury and coerced a verdict; (2) the trial court failed to ensure all the jurors understood and accepted principles that are fundamental to a fair trial; (3) the trial court failed to inquire into defendant's pro se ineffective assistance of counsel claim; and (4) the mittimus incorrectly states defendant was adjudged guilty of two counts of first degree murder.

¶ 2 In an opinion filed on July 15, 2010, this court affirmed defendant's conviction and corrected his mittimus. People v. Walker, 403 Ill.App.3d 68, 342 Ill.Dec. 654, 932 N.E.2d 1115 (2010). Thereafter, on March 8, 2011, the Illinois Supreme Court issued a supervisory order directing this court to vacate its prior judgment and reconsider its prior ruling in light of People v. Thompson, 238 Ill.2d 598, 345 Ill. Dec. 560, 939 N.E.2d 403 (2010). People v. Walker, 239 Ill.2d 585, 346 Ill.Dec. 551, 940 N.E.2d 1155 (2011) (table). On reconsideration, we again affirm defendant's first degree murder conviction and sentence but correct the mittimus to reflect a single conviction for murder.

¶ 3 I. BACKGROUND

¶ 4 Defendant was charged with committing the murder of Juliette Robinson. The State's witnesses testified that defendant shared a home with Juliette and, on the evening of February 4, 2004, entered her bedroom while she was sleeping. Defendant and Juliette's 11-year-old son, Thomas Walker III, was also sleeping in Juliette's room. Defendant was carrying a loaded revolver and argued with Juliette. Defendant summoned his 15-year-old stepdaughter, Dionne Robinson, into the room and told her to tie up her brother, but she refused. Defendant then accused Juliette of having an affair and an argument ensued. When defendant reached for a tape recorder he had hidden behind Juliette's bed, Juliette fled the room and defendant fired two gunshots at her. She continued to run through the living room and out the front door while defendant shot at her. She was killed by a single gunshot wound to the back and collapsed at the bottom of the staircase. Defendant fled the scene and was later arrested at a hospital where he was being treated for a failed suicide attempt.

¶ 5 Thomas Walker III and Dionne testified consistently about the events that evening. Dionne also added that when defendant summoned her into the room, he was waving a gun and said that someone in the room was going to die that night. Furthermore, defendant started shooting at Juliette while she was still in the bedroom. Dionne heard two shots in the bedroom, two outside the bedroom, and two more after that. After Dionne summoned the police, she ran outside to check on her mother and saw defendant get in his van and drive away.

¶ 6 Alberta Randall, who lived across the street from the crime scene, testified that she heard defendant and Juliette arguing on the night of the offense. Next, Randall heard a gunshot and saw Juliette fall down her front stairs. Then, defendant ran down the same stairs with a gun in his hand, got in his van and drove away.

¶ 7 A police investigation unit processed the crime scene. The unit observed bullet holes in the walls and holes from bullets that had passed through a door before going into the wall. The unit, however, was unable to retrieve any bullet fragments, which might have passed through the drywall and dropped down into the hollow portion of the wall. Furthermore, the lack of bullet casings at the scene indicated that the offender probably used a revolver.

*536 ¶ 8 Defendant testified on his own behalf. He claimed he did not have a gun when he entered Juliette's bedroom on the night of the offense. According to defendant, he went into Juliette's room to talk about the problems they were having, but she started yelling. Defendant remembered reaching into a dresser drawer to look for his hidden tape recorder but instead grabbed Juliette's gun. He claimed the gun was already cocked when he took it out of the drawer. While he was reaching for the tape recorder with his empty hand, Juliette jumped up, ran past him and pushed the gun that was in defendant's other hand. The gun went off, and defendant claimed he could not remember the subsequent events clearly.

¶ 9 The jury found defendant guilty of first degree murder and found that he personally discharged a weapon that proximately caused the death of the victim. Defendant was sentenced to 40 years on the charge of first degree murder to be served consecutively to a sentence of 25 years based on the jury's finding that defendant personally discharged a firearm that caused the victim's death. Defendant timely appealed.

¶ 10 II. ANALYSIS

¶ 11 A. Coercion of the Verdict

¶ 12 Defendant contends comment by the judge midway through the two-day jury trial withheld the option of a deadlock and coerced a verdict. The challenged comment was as follows:

"We still intend to complete this trial on Thursday, which means that once you start deliberating, you'll continue to work until you reach a verdict * * *."

¶ 13 The State contends the defendant's argument is forfeited because defendant failed either to contemporaneously object or to raise this issue in a posttrial motion. People v. Enoch, 122 Ill.2d 176, 186, 119 Ill.Dec. 265, 522 N.E.2d 1124 (1988). Defendant responds that we should relax the waiver rule because the basis for the objection is the trial judge's conduct. The rationale for the relaxation of the waiver rule when the conduct of the judge is at issue is derived from "`the fundamental importance of a fair trial and the practical difficulties involved in objecting to the conduct of the trial judge.'" People v. Brown, 200 Ill.App.3d 566, 575, 146 Ill.Dec. 346, 558 N.E.2d 309 (1990) (quoting People v. Heidorn, 114 Ill.App.3d 933, 936, 70 Ill.Dec. 439, 449 N.E.2d 568 (1983)). Keeping in mind that the waiver rule is relaxed when the objection is based on the judge's conduct, we find the exception to the waiver rule applicable here. Accordingly, we will address defendant's argument. We note the alleged error implicates defendant's right to a fair trial; thus the question is a legal one, which we review de novo. People v. Ramos, 396 Ill.App.3d 869, 878-79, 336 Ill.Dec. 295, 920 N.E.2d 504 (2009).

¶ 14 Defendant argues that the comment by the judge to the jury—"you'll continue to work until you reach a verdict"—essentially ordered a unanimous verdict and ruled out the possibility of a hung jury. In support of this argument, defendant relies on People v. Gregory,

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Bluebook (online)
957 N.E.2d 531, 354 Ill. Dec. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-illappct-2011.