People v. Williams

563 N.E.2d 431, 139 Ill. 2d 1, 150 Ill. Dec. 544, 1990 Ill. LEXIS 94
Illinois Supreme Court·Decided September 26, 1990·No. 68876·Published·Cited by 59 cases

Opinion

JUSTICE CLARK

delivered the opinion of the court:

On December 4, 1986, appellant, Emmaline Williams, was convicted in the circuit court of Cook County of indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 4(a)(1)). Her husband and codefendant, Roy Williams, who is not a party to this appeal, was convicted at the same trial of rape (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 1(a)) and indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 4(a)(1)). Both appellant and codefendant were represented at trial by the same attorney. The appellate court, with one justice dissenting, affirmed, (182 Ill. App. 3d 598.) We granted appellant’s petition for leave to appeal (107 Ill. 2d R. 315(a)).

The State introduced evidence at trial to establish the following. Appellant and codefendant adopted complainant, then 11 years old, in 1983. Appellant and codefendant lived in a house in Chicago with their daughter, several foster children and complainant. Complainant’s bedroom was located on the second floor of the residence. On April 1, 1984, complainant went to bed at approximately 9 p.m. She was awakened from her sleep later that evening by appellant’s calls to her from a bathroom on the first floor of the residence. Complainant went to appellant in the bathroom. Appellant asked complainant to do a “favor” for her, to which complainant agreed.

Appellant led complainant from the bathroom to the bedroom appellant shared with codefendant on the first floor of the residence. Codefendant was lying naked on the bed. Appellant closed the bedroom door and told complainant that she wanted her to “do something” with the codefendant. Complainant refused and attempted to leave the bedroom. Appellant prevented her exit from the bedroom by blocking the bedroom door. Appellant removed complainant’s clothing and pulled complainant to the bed despite complainant’s protests. Appellant then removed her own clothing and got into the bed, placing complainant between herself and codefendant. Codefendant sexually molested and raped complainant while appellant restrained her. Appellant then sexually molested complainant and did so again when complainant went into the bathroom shortly thereafter.

Complainant told appellant’s elder daughter of the incidents, but the young woman did not believe complainant. Approximately two weeks after the incidents, complainant described the events in a letter to her former foster mother. Complainant never mailed or otherwise delivered the letter to the woman.

Complainant left appellant’s house in June 1985, and returned to her former foster mother’s home. Complainant described the incidents of April 1984 to the woman, who then notified the Illinois Department of Children and Family Services (DCFS). After DCFS notified the Chicago police department, Chicago police officer Joseph Lux interviewed complainant and, based upon the information gathered in the interview, appellant was arrested on June 17,1985.

At police headquarters, Officer Lux advised appellant of her Miranda rights. Appellant waived those rights and admitted to Officer Lux and two other police officers that she was present while codefendant and complainant engaged in sexual intercourse. Appellant claimed, however, that the act was consensual.

Codefendant was arrested that evening by Officer Lux and advised of his Miranda rights. Codefendant waived those rights and, during an interview with Officer Lux after his arrest, admitted having had sexual intercourse with complainant. Codefendant stated that he and appellant had to restrain complainant during the incident and added that, thereafter, both he and appellant forcibly sexually fondled complainant.

The statement given by codefendant was reduced to writing and read aloud to codefendant. Codefendant then reviewed the statement before signing it. The written statement was later read to appellant, who stated that the events in question must have occurred if codefendant admitted them.

Both appellant and codefendant testified at trial. Both denied making any pretrial admissions and denied engaging in any acts which would constitute the offenses with which they were charged.

Appellant was found guilty of indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 4(a)(1)) and sentenced to 12 years in the Illinois Department of Corrections. Codefendant was found guilty of rape (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 1(a)) and indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 4(a)(1)) and was sentenced to 19 years in the Illinois Department of Corrections. After appellant’s conviction was affirmed on appeal (182 Ill. App. 3d at 604), the appellate court granted appellant’s petition for a certificate of importance (107 Ill. 2d R. 316). We granted leave to appeal (107 Ill. 2d R. 315).

Appellant argues that her conviction should be reversed for the following reasons. First, appellant argues that a conflict of interest existed between appellant and codefendant which precluded representation by the same counsel during their joint bench trial. Next, appellant argues that she was denied her rights guaranteed by the sixth amendment to effective assistance of counsel and to confront witnesses. Lastly, appellant argues that reversible error occurred when complainant’s letter which detailed the crimes with which appellant was charged was allowed into evidence at trial.

The United States Supreme Court has considered conflict of interest in multiple representation in two contexts: where the defendant makes a timely objection to the trial court before or at an early stage in the proceedings (United States v. Glasser (1942), 315 U.S. 60, 86 L. Ed. 680, 62 S. Ct. 457; Holloway v. Arkansas (1978), 435 U.S. 475, 55 L. Ed. 2d 426, 98 S. Ct. 1173) and on appeal where a defendant who failed to object to joint representation at trial demonstrates that the conflict adversely affected his representation (Cuyler v. Sullivan (1980), 446 U.S. 335, 64 L. Ed. 2d 333, 100 S. Ct. 1708). The Court addressed the first situation in its decision in United States v. Glasser, holding that the sixth amendment right to effective assistance of counsel (U.S. Const., amend. VI) “contemplates that such assistance be untrammeled and unimpaired by a court order requiring that one lawyer should simultaneously represent conflicting interests.” (Glasser, 315 U.S. at 70, 86 L. Ed. at 699, 62 S. Ct. at 465.) Although the Court did not establish that multiple representation is per se violative of the sixth amendment, it did state that the trial court’s error in appointing one attorney to represent two defendants at trial was one that “require[dj that the verdict be set aside and a new .trial ordered.” (Emphasis added.) Glasser, 315 U.S. at 76, 86 L. Ed. at 702, 62 S. Ct. at 468.

In a subsequent discussion of this statement in Holloway v. Arkansas, the Court held that a defendant’s right to effective assistance of counsel is denied where a trial court, after being advised that a possible conflict of interest exists which could adversely affect the defendants’ assistance of counsel, appoints counsel to represent multiple defendants. (Holloway, 435 U.S.

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People v. Williams, 563 N.E.2d 431, 139 Ill. 2d 1, 150 Ill. Dec. 544, 1990 Ill. LEXIS 94 (Ill. 1990).

563 N.E.2d 431 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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