People v. Williams

742 N.E.2d 774, 252 Ill. Dec. 236, 317 Ill. App. 3d 945, 2000 Ill. App. LEXIS 963
Appellate Court of Illinois·Decided December 15, 2000·No. 4-99-0325·Published·Cited by 24 cases

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

In the circuit court of Macon County, a-jury found defendant Paul B. Williams guilty of first degree murder. 720 ILCS 5/9- — 1(a)(1) (West 1994). The trial court sentenced defendant to natural life imprisonment. On appeal, the issues are whether (1) the trial court committed an abuse of discretion in admitting evidence of defendant’s prior convictions, (2) defense trial counsel rendered ineffective assistance of counsel by offering evidence of defendant’s past convictions, (3) the trial court committed an abuse of discretion by allowing the State to cross-examine defendant about prior convictions and pursue evidence about the three prior convictions to further impeach defendant, (4) the admission of evidence concerning defendant’s prearrest silence violated defendant’s right to remain silent, (5) the trial court committed an abuse of discretion in admitting deoxyribonucleic acid (DNA) testing results without conducting a hearing pursuant to Frye v. United States, 293 E 1013 (D.C. Cir. 1923), (6) the trial court committed an abuse of discretion in admitting evidence that defendant was incarcerated in the distant past and allowing the prosecutor to question defendant and derisively argue about defendant’s assumed name, (7) defendant was proved guilty beyond a reasonable doubt, (8) the trial court misunderstood the mitigating evidence offered at defendant’s sentencing hearing, and (9) defendant’s sentence was excessive. We affirm.

We initially consider the issues relating to evidence of defendant’s prior convictions. Defendant argues that the trial court did not adequately conduct a balancing test as required by People v. Montgomery, 47 Ill. 2d 510, 516-19, 268 N.E.2d 695, 698-700 (1971), and improperly used the mere-fact method of impeachment by prior convictions.

The trial court’s admission of evidence of defendant’s prior convictions will not be reversed absent an abuse of discretion, but the trial court is expected to balance the probative value of the evidence against its prejudicial impact before the jury. People v. McKibbins, 96 Ill. 2d 176, 187-88, 449 N.E.2d 821, 826 (1983).

“Before admitting evidence of a prior conviction for purposes of impeachment, a trial court must balance the probative value versus the prejudicial effect. People v. Williams, 161 Ill. 2d 1, 38-39, 641 N.E.2d 296, 311-12 (1994). Impeachment of a witness’ credibility by a prior conviction is allowed if the conviction was for either a misdemeanor involving dishonesty or false statement or a felony and the trial judge determines the probative value of the evidence substantially outweighs the danger of unfair prejudice. People v. Montgomery, 47 Ill. 2d 510, 516, 268 N.E.2d 695, 698 (1971); People v. Maxwell, 272 Ill. App. 3d 57, 61, 650 N.E.2d 298, 301 (1995).” People v. Jennings, 279 Ill. App. 3d 406, 409, 664 N.E.2d 699, 702 (1996).

On direct examination, defendant testified that he had three prior felony convictions on November 18, 1981 (Cuyahoga County, Ohio, case No. CR — 167990); November 29, 1982 (Cuyahoga County case No. CR — 176497); and June 12, 1997 (Macon County case No. 97— CF — 553). Defendant also testified that when he first talked to the police during the murder investigation, he lied when he told the police the last time he had been at the victim’s trailer was two weeks before the murder and when he denied having sex with her. Defendant testified he lied because he was scared. During closing argument, defense counsel attempted to persuade the jury that the defendant was scared and lied to the police because of his prior felony convictions.

“If evidence of the prior conviction is admissible independently of impeachment purposes — and therefore independent of Montgomery — then the Montgomery test becomes inapposite. This independent basis trumps any Montgomery inquiry.” People v. Hester, 271 Ill. App. 3d 954, 959, 649 N.E.2d 1351, 1356-57 (1995).

Defendant concedes this issue was not raised in the trial court and is waived but argues that this court should consider it under the plain error doctrine (134 Ill. 2d R. 615(a)). Before considering the plain error exception, we determine whether error occurred at all. People v. Williams, 193 Ill. 2d 1, 27, 737 N.E.2d 230, 245 (2000). We find no error. The evidence was not offered by the State to impeach defendant but by the defense to explain why defendant lied to the police. For this purpose, the Montgomery balancing test had no application.

Similarly, the use of the mere-fact method by the defense in this case, where the Montgomery rule has no application, does not require reversal. Moreover, even if it was error, defendant could not rely on it on appeal. Defendant may not be heard to complain of error he injected into his own trial. People v. Scott, 148 Ill. 2d 479, 531, 594 N.E.2d 217, 238 (1992).

Defendant argues that the use of the prior convictions by the defense in this fashion constituted ineffective assistance of defense trial counsel. Claims of ineffective assistance are judged under the standards set forth in Strickland v. Washington, 466 U.S. 668, 687-94, 80 L. Ed. 2d 674, 693-98, 104 S. Ct. 2052, 2064-68 (1984). People v. Morgan, 187 Ill. 2d 500, 529, 719 N.E.2d 681, 698 (1999).

“Decisions concerning which witnesses to call at trial and what evidence to present on defendant’s behalf ultimately rest with trial counsel. People v. Ramey, 152 Ill. 2d 41, 53-55 (1992). These types of decisions have long been viewed as matters of trial strategy (People v. Haywood,, 82 Ill. 2d 540, 543-44 (1980)), which are generally immune from claims of ineffective assistance of counsel. People v. Guest, 166 Ill. 2d 381, 394 (1995).” People v. West, 187 Ill. 2d 418, 432, 719 N.E.2d 664, 673 (1999).

Defense counsel’s use of the prior convictions to explain why defendant initially lied to the police was a matter of trial strategy. Defense trial counsel did not entirely fail to conduct a meaningful adversarial testing of the State’s case. Not only did the strategy inform the jury of defendant’s theory, but it avoided informing the jury of the nature of the prior offenses and suggested to the jury that defendant could be testifying honestly because he was not concealing his prior convictions, thereby removing the potential impeachment value of the evidence from the State. There was no ineffective assistance of counsel.

In cross-examining defendant, the prosecutor attempted to clarify that defendant was convicted of two separate convictions in Ohio, identified by different case numbers. In this series of questions, the prosecutor’s final question was as follows: “So case number CR— 176497, you were convicted of two felonies, not one felony.

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People v. Williams, 742 N.E.2d 774, 252 Ill. Dec. 236, 317 Ill. App. 3d 945, 2000 Ill. App. LEXIS 963 (Ill. Ct. App. 2000).

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