People v. Wallerstedt

396 N.E.2d 53, 77 Ill. App. 3d 22, 32 Ill. Dec. 940, 1979 Ill. App. LEXIS 3342
CourtAppellate Court of Illinois
DecidedOctober 12, 1979
Docket78-184, 78-152 cons
StatusPublished
Cited by27 cases

This text of 396 N.E.2d 53 (People v. Wallerstedt) 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. Wallerstedt, 396 N.E.2d 53, 77 Ill. App. 3d 22, 32 Ill. Dec. 940, 1979 Ill. App. LEXIS 3342 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE BARRY

delivered the opinion of the court:

The defendants, Michael Wallerstedt and Mark Hobson, were indicted by the grand jury of Will County for the offense of aggravated kidnapping (Ill. Rev. Stat. 1977, ch. 38, par. 10 — 1(a)(2)). Prior to giving the case to the jury, the trial court instructed the jury on the offenses of unlawful restraint (Ill. Rev. Stat. 1977, ch. 38, par. 10 — 3) and aggravated assault (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 2(a)(1)) on the ground that they were lesser-included offenses. Although both Wallerstedt and Hobson were acquitted of aggravated kidnapping, they were convicted of unlawful restraint. In addition, Wallerstedt was convicted of aggravated assault. Wallerstedt was subsequently sentenced to a term of 2 years probation conditioned upon serving 90 days in the county jail. Hobson was sentenced to a term of 1 year probation, which was conditioned upon 60 days incarceration. Both defendants appeal from their convictions. Because the charges against both Wallerstedt and Hobson arose out of the same incidents, and most of the issues raised by the defendants on appeal are similar, the appeals of Wallerstedt (78-152) and Hobson (78-184) have been consolidated.

The incidents which resulted in the convictions of Wallerstedt and Hobson occurred in the early morning hours of July 23, 1977, when Wallerstedt, Hobson, and six other individuals (one of whom, Steven Fehr, was armed with a handgun) participated in a verbal and physical attack upon John Reinhofer which culminated in Reinhofer’s abduction at gunpoint. Reinhofer was the State’s chief witness at trial, and both defendants’ convictions are due in large part to his testimony.

The first contention raised by the defendants on appeal is that they were not proven guilty beyond a reasonable doubt of unlawful restraint and, in Wallerstedt’s case, of aggravated assault, because the only basis for their convictions was Reinhofer’s “unreasonable” testimony. The defendants’ characterization of Reinhofer’s testimony as unreasonable is based on four grounds. First, the defendants point out that Reinhofer’s testimony is marked by numerous inconsistencies. Reinhofer was impeached as a result of prior inconsistent statements he gave to the police and grand jury relating to the events prior to and during the assault and kidnapping. Defense counsel was also able to elicit from Reinhofer the admission that on previous occasions he had lied to the police. Second, the defendants claim that Reinhofer’s testimony that he struggled with Fehr while the latter was armed with a pistol and after threats were made on his life is improbable, unconvincing, and incredible. Third, the defendants point out that portions of Reinhofer’s testimony were contradicted by several defense witnesses, who stated that they did not even see Reinhofer at the farm where the incident occurred on the night in question. Finally, in regards to Wallerstedt’s convictions, he directs our attention to Reinhofer’s statement that he “hated” Wallerstedt as revealing bias against that defendant which we should consider in weighing Reinhofer’s testimony.

Of the four factors defendants have relied upon in attempting to discredit Reinhofer’s testimony, the most damaging to his credibility are the numerous inconsistencies in his version of the incident. There is no doubt that these inconsistencies have an effect upon the testimony of Reinhofer. However, the effect, which is one of credibility and weight, is one which is primarily for the jury to decide. (People v. Lawson (1978), 65 Ill. App. 3d 755, 382 N.E.2d 878.) On this particular point the Illinois Supreme Court has stated: “It is neither the duty nor the privilege of a reviewing court to substitute its judgment as to the weight of disputed evidence or the credibility of witnesses for that of the trier of fact who heard the evidence presented and observed the demeanor of the witnesses * e (People v. Novotny (1968), 41 Ill. 2d 401, 412, 244 N.E.2d 182, 188. Accord, People v. Ellis (1978), 74 Ill. 2d 489, 384 N.E.2d 331.) For a reviewing court to set aside a conviction, the evidence must be palpably contrary to the finding of guilt or so unreasonable, improbable, or unsatisfactory that reasonable doubt is raised as to the guilt of the accused. (People v. Ellis (1978), 74 Ill. 2d 489, 384 N.E.2d 331; People v. Reese (1973), 54 Ill. 2d 51, 294 N.E.2d 288.) Given the great deference to be afforded the jury’s finding of guilt, the fact that the majority of the inconsistencies in Reinhofer’s testimony relate to occurrences which do not bear directly on the guilt or innocence of the accuseds, and the fact that the evidence presented to the jury, if believed, is sufficient to establish the guilt of both defendants beyond a reasonable doubt, we find that the defendants’ contention that the State has failed to meet its burden of proof to be without merit.

The second contention raised by the defendants on appeal is that their unlawful restraint convictions should be reversed because on the same facts another co-defendant, Rebecca Hopman, was acquitted of the same offense. A similar argument was made in People v. Beasley (1976), 41 Ill. App. 3d 550, 353 N.E.2d 699, where the court outlined the applicable law: “Generally, the failure to convict one co-defendant does not raise a reasonable doubt as to the guilt of theother co-defendants. (People v. Mirabella, 294 Ill. 246, 128 N.E. 274 (1920)). More recent Illinois cases indicate, however, that where the evidence given against all of the defendants is identical in all respects, the acquittal of one defendant must be considered in deciding whether a co-defendant was proved guilty beyond a reasonable doubt. (People v. Stock, 56 Ill. 2d 461, 309 N.E.2d 19 (1974); People v. Patterson, 52 Ill. 2d 421, 288 N.E.2d 403 (1972); People v. Griffin, 88 Ill. App. 2d 28, 232 N.E.2d 216 (1st Dist. 1967); People v. Carter, 19 Ill. App. 3d 21, 311 N.E.2d 213 (1st Dist. 1974)).” (41 Ill. App. 3d 550, 554-55, 363 N.E.2d 699, 703.) However, where there is the slightest difference in the evidence as between co-defendants who are tried jointly, the acquittal of one does not raise a reasonable doubt as to the guilt of the other, as the trier of fact is entitled to weigh the evidence and make allowances for the difference. People v. Taylor (1974), 25 Ill. App. 3d 396, 323 N.E.2d 388.

It is true that Wallerstedt’s and Hobson’s convictions for unlawful restraint, as well as Rebecca Hopman’s acquittal of that offense, arose from an identical source — Reinhofer’s testimony. This does not necessarily mean, however, that the evidence against these three defendants was identical in all respects. Indeed, the record reveals that during the course of the incident at the farm each of these defendants engaged in acts which were distinct, distinguishable, and separable from the acts of their co-defendants.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Elston
584 N.E.2d 531 (Appellate Court of Illinois, 1991)
People v. Atteberry
572 N.E.2d 434 (Appellate Court of Illinois, 1991)
People v. Campbell
563 N.E.2d 1232 (Appellate Court of Illinois, 1990)
People v. P.S.B.
528 N.E.2d 769 (Appellate Court of Illinois, 1988)
In Re PSB
528 N.E.2d 769 (Appellate Court of Illinois, 1988)
People v. Cochran
528 N.E.2d 253 (Appellate Court of Illinois, 1988)
People v. Melmuka
527 N.E.2d 982 (Appellate Court of Illinois, 1988)
People v. Gulley
515 N.E.2d 1309 (Appellate Court of Illinois, 1987)
People v. Zeisler
515 N.E.2d 1297 (Appellate Court of Illinois, 1987)
People v. Wehmeyer
509 N.E.2d 605 (Appellate Court of Illinois, 1987)
People v. Harris
497 N.E.2d 177 (Appellate Court of Illinois, 1986)
People v. Banks
486 N.E.2d 953 (Appellate Court of Illinois, 1985)
People v. Winfield
447 N.E.2d 1029 (Appellate Court of Illinois, 1983)
People v. Howard
447 N.E.2d 473 (Appellate Court of Illinois, 1983)
People v. Cartalino
444 N.E.2d 662 (Appellate Court of Illinois, 1982)
People v. Barkenlau
434 N.E.2d 856 (Appellate Court of Illinois, 1982)
People v. Devine
424 N.E.2d 823 (Appellate Court of Illinois, 1981)
People v. Bell
421 N.E.2d 1351 (Appellate Court of Illinois, 1981)
People v. Davis
419 N.E.2d 682 (Appellate Court of Illinois, 1981)
People v. Mays
417 N.E.2d 230 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
396 N.E.2d 53, 77 Ill. App. 3d 22, 32 Ill. Dec. 940, 1979 Ill. App. LEXIS 3342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wallerstedt-illappct-1979.