People v. Williams

730 N.E.2d 561, 313 Ill. App. 3d 849, 246 Ill. Dec. 536, 2000 Ill. App. LEXIS 405
Appellate Court of Illinois·Decided May 23, 2000·No. 2-98-1081·Published·Cited by 27 cases

Opinion

JUSTICE THOMAS

delivered the opinion of the court:

The defendant, Marvin Williams, was charged by indictment with four counts of first-degree murder (720 ILCS 5/9 — 1(a)(3) (West 1998)) in connection with the shooting deaths of Justin Levingston and Adrienne Austin. The indictment alleged that the defendant shot the two victims on March 18, 1997, during the commission of a home invasion (counts I and II) or, in the alternative, during the commission of an attempted armed robbery (counts III and IV). Following a jury trial, the defendant was convicted of two counts of first-degree murder. The trial court sentenced him to a term of natural life imprisonment, without parole. The defendant appeals, contending that (1) an eyewitness voice identification of the defendant, stemming from an observation at a pretrial hearing, should not have been admitted at trial, (2) the State improperly elicited testimony from a codefendant for whom the State had agreed to provide protection in prison in exchange for his testimony, and (3) certain comments by the prosecutor during closing argument were improper and denied defendant a fair trial.

Prior to trial, the defendant filed a motion seeking to exclude voice identification testimony from Lovenia Hinton. At a hearing on that motion held outside the presence of the jury, Hinton testified that she went to the Winnebago County courthouse on June 13, 1997, because she had been informed by her brother that the defendant had a court appearance scheduled and she wanted to see the defendant. She had heard that the defendant was the one who had shot her nephew and sister-in-law. Prior to coming to court on June 13, Hinton had not had any contact with the State’s Attorney’s office. Hinton entered the courtroom on June 13 and sat in the back row next to her brother and mother. The defendant’s case was called, and Hinton knew that the defendant would be coming into the courtroom. Hinton was bent over, had her head down, and was looking at the floor when she heard a voice say, “Why do I have to be shackled like this[?]” At that point, Hinton raised her head, looked at her mother, and told her that that was the voice she had heard on the night her house was broken into when her nephew and sister-in-law were shot. She explained that, on the night of the murders, she was underneath the kitchen table with her head down when she heard a voice from 9 or 10 feet away say, “Who else is in the house, who else is in the house[?]” At the hearing on the motion to suppress the identification, Hinton identified the defendant in court as the person whose voice she had heard in the courtroom on June 13. She further testified that after she recognized the defendant’s voice her brother spoke to an assistant State’s Attorney and she eventually gave the police a statement indicating that the voice she had heard in the courtroom was the same voice she had heard on the night of the murders asking if anyone else was in the house.

The trial court denied the defendant’s motion to exclude the voice identification. Thereafter, Hinton testified before the jury that on March 17, 1997, she lived with Justin Levingston, Adrienne Austin, and four-year-old Luckia Austin, at 1438 North Church, in Rockford, Illinois. That night, she fell asleep on the living room couch watching television. Around 2 a.m., she heard noises coming from the porch outside. She then heard voices outside and the door being kicked in. She heard a total of two kicks on the door. She then heard voices saying, “This is the police.” A gunman then pointed a long-barreled gun at her face and grabbed her by her head. The man told her not to look and asked her where “their shit” was located. She then looked to the right and saw two men hitting Adrienne. The man who was holding a gun to her then took her into the kitchen and indicated that she should look at the wall. He again asked about the “shit” and then asked where “the Mexican” was. Hinton thought he was referring to Justin, who was light-skinned, so she pointed upstairs. He then told Hinton that the only reason they were there was that “he stole their reefer.” The man then put Hinton down on the floor, with her face to the floor. She was on her knees, underneath the table. He told her not to move, look, or say anything. Shortly after that, she heard a gunshot, then another gunshot, and then she heard Adrienne say, “Oh, my God.” At that time, the man who had brought Hinton into the kitchen was rubbing her back and telling her that it was going to be all right. She then heard another gunshot. Luckia then ran toward the kitchen, and the man told Hinton to grab the child, hold her, and keep her quiet. Hinton complied with that order. She then heard footsteps coming down the steps. From about 9 or 10 feet away she then heard a voice saying, “Who else is in the house, who else is in the house[?]” After that, it was quiet for a moment and then she heard the same voice say, “We up, this GD, we up.” Thereafter, she heard footsteps going out the door and a car speeding off.

Hinton further testified that after the car drove off she grabbed Luckia and hid in the basement for a while. She then went upstairs and found Levingston lying on the stair landing, dead. She found Adrienne in a bedroom crouched down on the floor. Adrienne was struggling to breathe, with blood running from her shoulder. Hinton eventually called 911, and a tape recording of her call was played for the jury.

Hinton stated that she told the 911 operator on the night in question that five black men had come into her house. However, she told the police when they arrived on the scene that she saw two suspects making a lot of noise but there may have been more. Hinton acknowledged that at codefendant Emmitt Wright’s trial she had testified that there were three or four men. However, she stated that she now believed that there were at least four men involved. She heard two of them go upstairs, and one remained with her in the kitchen. She stated that she believed all the men were black because of their voices, and she knew that the man who held her in the kitchen was black because she saw him. She explained, however, that she could not see his face.

Hinton also testified that she went to the courthouse on June 13, 1997, because she wanted to see what Marvin Williams looked like and she had heard that he had done the shooting at her house. The defendant walked out in handcuffs and shackles when his case was called. When the subject of the blood discovered on the defendant’s shoes was being discussed, Hinton put her head down. While her head was down, she heard the defendant ask the judge why he had to be shackled. He said it loud enough for her to hear it in the back of the courtroom. After she heard the defendant’s voice, she turned to her mother and told her that it was the same voice that she had heard on the night of the murders that had said, “Who else is in the house, who else is in the house, this GD, we up.”

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People v. Williams, 730 N.E.2d 561, 313 Ill. App. 3d 849, 246 Ill. Dec. 536, 2000 Ill. App. LEXIS 405 (Ill. Ct. App. 2000).

730 N.E.2d 561 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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