People v. Williams

645 N.E.2d 844, 164 Ill. 2d 1, 206 Ill. Dec. 592, 1994 Ill. LEXIS 121
Illinois Supreme Court·Decided September 22, 1994·No. 71994·Published·Cited by 139 cases

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

In the circuit court of Cook County a jury convicted the defendant, Dorothy Williams, of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)) and robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 1(a)). Following a hearing the circuit court denied her post-trial motion for a new trial or, in the alternative, a judgment non obstante veredicto. Defendant having waived a jury for sentencing, the cause was submitted for hearing on sentencing to the court, which found the defendant eligible for the imposition of the death penalty, pursuant to section 9 — 1(b)(6) of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 1(b)(6)), for the reason that she had committed murder in the course of another felony, namely, robbery. Following the consideration of aggravating and mitigating factors (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 1(c)), the court found that there were no mitigating factors sufficient to preclude the imposition of the death sentence and, accordingly, sentenced her to death. The cause comes directly to this court for review (Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d R. 603), where defendant presents 19 issues for consideration.

Initially defendant contends that she was arrested without probable cause in violation of her fourth amendment rights and, as a result, her statement, together with other products of the illegal arrest, must be suppressed. The victim, 97-year-old Mary Harris, who resided in housing for senior citizens operated by the Chicago Housing Authority, was strangled on July 25, 1989, in her apartment, from which a stereo set was found to be missing. At the hearing on the defendant’s pretrial motion to quash her arrest and to suppress statements that she claimed to be the direct product of her unlawful arrest, the following evidence was adduced.

Officer Betty Woods testified that she was assigned to the division of the police department providing services to senior citizens and was familiar with the circumstances of Harris’ death. On September 6, 1989, she was using an unmarked squad car and working alone in plain clothes at the building in which Harris’ body had been discovered. While the officer was in the building, a man who she later learned was Hubert Carmichael approached her at approximately 11 or 11:30 a.m. He indicated that he had observed a woman carrying a box and leaving the building on the date of Harris’ murder, that he had suspected that the woman might have been involved in this murder, and that he had seen the woman in the building again on September 5, 1989. He indicated further to Officer Woods that the woman, whom he had known as "Peggy,” had altered her appearance since the date of the homicide by shortening her hair and dyeing it red. Although this woman had frequented the building prior to the death of Harris, she had stopped coming there since that time. To the best of the officer’s knowledge, the woman described had no friends or relatives in the building and no lawful reason to be in it. The officer was aware that the person Carmichael had seen leaving the building around the time of the murder of Harris had also been identified by him as the same person whom he had previously seen choke another resident of the building. The officer was aware as well that the suspect in the strangulation of still another elderly person, residing in a neighboring building for senior citizens, fit the description of the woman whom Carmichael had seen leaving on the evening of Harris’ murder. Later, as Officer Woods was departing from the building at about noon, Carmichael pointed to a woman walking by the building outside the window and indicated that this was the same woman about whom he had spoken earlier.

Officer Woods then approached the woman, identified herself as a police officer, showed the woman her badge, and asked if she could speak with her. The woman was the defendant, 35 years old at the time, who identified herself as "Deborah” Williams and was accompanied by another woman, Michelle McBride. At first Officer Woods attempted to have detectives who were familiar with the case come out to interview the defendant, but the detectives were unavailable at that time. Officer Woods then informed defendant and her companion that it might be faster and easier if they went to the place where the detectives are generally stationed. Both women agreed to do so. When defendant’s companion expressed concern about picking up her child from school, Officer Woods told her that the police would accommodate her. McBride had wanted to be sure that either she would be back in time to pick up her child or her child would be picked up by someone else. The officer offered the two women transportation in her car and drove them, without handcuffs, to the police station, which was located a distance of less than two miles, or about 16 to 18 blocks, from the building where the offense occurred. The drive took about 8 to 10 minutes. Although Officer Woods was armed, her weapon was not visible, and the officer did not draw it at any time. Officer Woods had no warrant for defendant’s arrest. Nor did she tell defendant or her companion that they did not have to accompany her to the station. However, neither woman objected to doing so.

At the station Officer Woods left the two women in the middle of the large office on the second floor and went a distance of about 40 feet to a desk to inform the officer on duty that she had a woman with her who had been implicated in a homicide. After the desk sergeant looked up the case, Officer Woods told the two women, who were standing and waiting in the middle of the room, that it would be only a few moments until they found out which detective was handling the case. Once Officer Woods located and spoke to the detective assigned to investigate the murder of Mary Harris, she left the police station and had no further involvement in the matter.

The other witness who testified at this hearing was a police detective, Edward Schmitt, who stated that on July 27, 1989, during the course of the investigation into the death of Harris, he had spoken with Carmichael. During his investigation he had learned that a number of items were found to have been missing from the apartment of Harris following her death, including a Realistic Clarinet Number 16 stereo, two speakers, a bedspread, and a cardboard box. On the afternoon of September 6,1989, he and his partner spoke with Officer Woods and then with the defendant, who was with McBride in a large interview room measuring approximately 10 by 20 feet on the second floor of the police station. The door to the room was open. The officers asked McBride to "step out” of the room. Their conversation with defendant began at about 1:15 or 1:30 and lasted approximately 10 or 15 minutes. At the beginning of the conversation he and his partner advised defendant of her Miranda rights. When they asked her when she had last been in the building in which Harris had lived, she responded that it had been several years since she had been there. At the end of the conversation the detective and his partner left the interview room, leaving the door open. McBride, who had been asked to leave the interview room while the police spoke with defendant, was walking around in the police station when the officers left the interview room and "might have even been sitting in there with Miss Williams when we left.” Defendant was not handcuffed when they left the interview room.

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People v. Williams, 645 N.E.2d 844, 164 Ill. 2d 1, 206 Ill. Dec. 592, 1994 Ill. LEXIS 121 (Ill. 1994).

645 N.E.2d 844 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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