People v. Williams

601 N.E.2d 1070, 235 Ill. App. 3d 638, 176 Ill. Dec. 372, 1992 Ill. App. LEXIS 1485
Appellate Court of Illinois·Decided September 15, 1992·No. 1-89-3112·Published·Cited by 7 cases

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Defendant, David Williams, appeals his jury convictions for murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2). The victim, Gail Marshall, was shot and killed after the automobile she was driving collided with an automobile apparently driven by defendant. On appeal, he questions whether (1) he was denied his constitutional right to be present for jury selection; (2) the circuit court erred by refusing to give his tendered insanity instruction; (3) the court erred by admitting evidence of two unrelated crimes; (4) his inculpatory statements should have been suppressed; and (5) he was denied effective assistance of counsel.

A pretrial hearing was held on defendant’s motion to suppress statements he made to police and assistant State’s Attorneys, because of his alleged heroin and cocaine use prior to making the statements, his disturbed mental condition, and physical coercion by police. He also moved to suppress identification testimony.

Chicago police detective Ralph Vucko testified at the suppression hearing that while investigating Marshall’s homicide on July 10, 1986, he met with defendant in an Area Four Violent Crimes interview room at approximately 4:45 p.m. Prior to preparing for lineups, defendant was fed and used the toilet. After the lineups, at 10 p.m., Yucko conversed with defendant for about one-half hour after defendant was given and understood his Miranda warnings and agreed to speak. At 1 a.m., Vucko and Assistant State’s Attorney (ASA) Kip Owen, who also informed defendant of his Miranda rights, spoke with defendant for approximately one-half hour.

Chicago police detective James Mercurio testified that on July 11, 1986, at 9 a.m., he and his partner, Detective Thomas Lahm, saw defendant sleeping in the Area Four interview room. At 10 a.m., they gave defendant coffee, let him use the toilet and questioned him. Defendant understood his again-given Miranda rights and agreed to talk. After one-half hour, the officers contacted two more detectives and transported defendant to Jackson Boulevard and Pulaski Road, where defendant later admitted he had disposed of a gun. After buying defendant food and returning him to the interview room, Detectives Mercurio, Lahm and one of the other detectives searched defendant’s apartment pursuant to a consent-to-search form executed by defendant. At 2 p.m., Mercurio returned to the station, again read defendant his Miranda rights and spoke with him for one hour, after which the detective telephoned an assistant State’s Attorney from the felony review division. She arrived at about 4:15 p.m. and spoke with defendant at 6 p.m. for 30 to 40 minutes, after again giving him his Miranda warnings.

On cross-examination, Detective Mercurio asserted that during the 2 p.m. interview defendant claimed frequent heroin and cocaine use. He informed the detective of a person named “Harry” who was supposedly standing in the interview room behind defendant. No such person was present. Defendant asserted Harry looked like him with the same clothing, had a stronger and deeper voice, is a part of defendant’s personality, and they use the same body. Defendant met Harry six months ago and since January 1, 1986, Harry had murdered seven people. Mercurio informed the assistant State’s Attorney of these statements and of defendant’s asserted drug use.

On redirect examination, Detective Mercurio testified that defendant told him he was driving with Harry, who saw a girl driving an automobile. He followed her on the expressway. Harry stated he was “going to take care of business” and got out of the car. Defendant heard two shots, went over to the car, put a gun in a bag and ran. When informed that witnesses saw defendant exit the vehicle alone, defendant sat still and described Harry as previously mentioned.

ASA Jane Loeb testified that on July 11, 1986, at 6 p.m., she spoke with defendant. She identified him in court. After receiving his Miranda warnings, defendant answered questions cooperatively, alertly and appropriately. ASA Loeb did not recall being told of defendant’s drug use, but was informed about Harry, described by defendant.

The two police officers, another detective, three police sergeants and the assistant State’s Attorney, who saw defendant on July 10 and 11, testified that they did not personally physically abuse defendant nor to their knowledge did anyone else. Further, defendant did not appear to be under the influence of drugs and never requested an attorney. The parties stipulated that there were no allegations of physical coercion by the two arresting officers; therefore, they did not testify.

Defendant’s motion for a finding as a matter of law at the close of the State’s evidence in the suppression hearing was denied. He testified on his own behalf.

Defendant claimed that he used heroin and cocaine. He used one-half gram of heroin three times a day, which he took along with beer just prior to being arrested. After his arrest, defendant was removed to a police station where he was handcuffed to the wall and told that if he did not sign a consent-to-search form the police would break into his “crib” regardless. He complied. Next, he was brought to a second police station where he was handcuffed to the wall in an interview room.

Defendant asserted that the first two white detectives to testify questioned him individually. Defendant did not understand the questions because he was drugged. The detectives then interrogated defendant simultaneously, cursing him, hitting him and calling him “nigger” and “lying mother fucker.” He was struck with a black mallet numerous times. Later, a black officer hit him with a fist. He did not understand further questioning because he was “high.” He concealed 40 bags of heroin, worth $25 each, between his legs wrapped in plastic and foil, which he snorted when left alone on six or seven different occasions. He informed the first two detectives and the assistant State’s Attorney that he had taken drugs.

Defendant told the officers that he did not commit the offenses charged. He made the statement concerning Harry because he was beaten and was mainly repeating what he was told to say. He did not remember being instructed to assert that Harry was standing behind him, wore the same clothing or looked like defendant, however, although he remembered uttering those words. He added that he had an unremoved bullet in his chest and underwent prior treatment for mental problems.

On July 17, 1986, defendant was removed by police from county jail without notice to defense counsel, placed in a lineup and interviewed by an assistant State’s Attorney to whom he gave a statement.

The parties stipulated that an intake examiner would testify that on July 12, 1986, during an examination, defendant did not mention police officers hit him with a mallet or that a black officer hit him by hand. There were further stipulations as to photograph and lineup identifications of defendant.

The court denied defendant’s motion to suppress his statement of July 11, 1986, but granted his motion to suppress his July 17, 1986, statement. His motion to suppress identification evidence was denied.

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People v. Williams, 601 N.E.2d 1070, 235 Ill. App. 3d 638, 176 Ill. Dec. 372, 1992 Ill. App. LEXIS 1485 (Ill. Ct. App. 1992).

601 N.E.2d 1070 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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