People v. Williams

775 N.E.2d 104, 333 Ill. App. 3d 204, 266 Ill. Dec. 542, 2002 Ill. App. LEXIS 668
Appellate Court of Illinois·Decided August 5, 2002·No. 1-99-4033·Published·Cited by 24 cases

Opinion

PRESIDING JUSTICE COHEN

delivered the opinion of the court:

Following a jury triál in the circuit court of Cook County, defendant Anthony E. Williams was found guilty of attempt (first degree murder) (720 ILCS 5/8 — 4 (West 1992)) and aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a)(1) (West 1992)). Defendant was sentenced to 29 years’ imprisonment. 1 On appeal, defendant does not challenge the sufficiency of the evidence supporting his conviction, but only alleges that prejudicial errors deprived him of a fair and impartial trial. Specifically, defendant argues that he was denied a fair trial because: (1) the State attempted to impeach defendant during cross-examination, without later perfecting the impeachment by presenting evidence to substantiate the State’s claims; and (2) the State subsequently based improper arguments during its closing rebuttal argument on the unperfected impeachment.

Because we find that the State conducted improper cross-examination and made improper and prejudicial remarks during its rebuttal argument, we reverse defendant’s convictions and remand this cause for a new trial. As these two issues are dispositive, we need not address the additional arguments defendant raises on appeal.

BACKGROUND

The evidence introduced at trial revealed that defendant and the victim, Sheila Robinson, had a brief sexual relationship in the fall of 1992. Defendant and Sheila each presented conflicting accounts of the events surrounding their brief affair. Both testified, however, that in February of 1993, Sheila informed defendant that she was pregnant. Defendant denied that the child was his and subsequently cut off all communication with Sheila.

After Sheila gave birth to baby boy Rakeem, she filed suit against defendant both to establish paternity and to obtain child support. Between 1993 and 1996, Sheila and defendant saw each other only during court proceedings. Defendant and Sheila exhibited no hostility toward one another, nor did they speak directly to one another while in court. The paternity action remained pending in April of 1996.

Sheila testified that she had been employed as a mail carrier for approximately two years prior to the incident in question. On April 22, 1996, at approximately 2:30 p.m., she was delivering mail on foot in the vicinity of 87th Street and Winchester Avenue in Chicago, Illinois. As Sheila was returning to her car, she noticed a man she recognized as defendant leaning up against a building in an alley. The alley was north of where she had parked her car. Defendant was dressed in dark pants, a dark long-sleeved shirt and had his “dreadlocks” pulled up in a Rastafarian-type knit cap. Defendant emerged from the alley pointing a gun at Sheila. According to Sheila, defendant then stated “this is for you” and began firing the gun. Sheila suffered gunshot wounds to her right wrist, right chest, left thigh, left arm and left shoulder. None of her injuries proved fatal.

The State also presented the testimony of two eyewitnesses. Kristen Carter testified that at the time of the shooting he lived at 8724 South Winchester Avenue in a house located on the west side of the street. While standing near the front door of his house, Kristen heard five gunshots. After hearing the gunshots, Kristen testified that he slowly opened his front door approximately 14 inches to “see what was going on.” Kristen looked across the street and observed Sheila falling to the ground. Kristen recognized Sheila as his neighborhood mail carrier. Kristen testified that he also observed a light-skinned male with “dreadlocks,” whom he later identified as defendant, standing a few feet away from Sheila. According to Kristen, defendant was holding a dark object which Kristen believed to be a gun. Defendant then crossed Winchester and began walking toward 87th Street. When defendant reached the corner of 87th Street and Winchester Avenue he crossed the street. Kristen then lost sight of him, but a few seconds later Kristen observed a white Cadillac traveling at a rapid speed eastbound on 87th Street.

Edward Stevens, an electrician, testified that he was remodeling a basement on Winchester Avenue at the time of the shooting. Edward’s truck was parked on the east side of Winchester Avenue near a vacant lot approximately 50 feet from an alley. Edward was getting into his truck when he heard someone shout. While looking through his rear-view mirror, Edward observed a man, whom he later identified as defendant, shoot a “mail lady” between five and six times. Edward testified that defendant was wearing a dark black leather jacket, jeans and had “dreadlocks.” After the shooting, Edward observed defendant place a pistol into his jacket and walk across Winchester Avenue toward 87th Street. Defendant then turned the corner and walked south on 87th Street. Edward also testified that he later observed defendant driving a white Cadillac eastbound on 87th Street.

Testifying on his own behalf, defendant stated that on the date of the offense he was employed as a Chicago Transit Authority (CTA) bus driver. On April 22, 1996, defendant had the day off. Defendant testified that he awoke around 10:30 a.m. and drove his red Oldsmobile to the CTA garage located at 39th Street and Archer Avenue to “pick vacation days.” Defendant admitted that he owned a white Cadillac, but claimed that it was at a car dealership that day because he was trying to sell it. Defendant testified that he arrived at the CTA garage around 11:30 a.m. and began looking for his union steward, Chester Robinson. Defendant was informed that Robinson was out of the office and would not be returning until 3 p.m. Defendant then made a stop at the car dealership located at 1122 West Foster Avenue to inquire about the status of his white Cadillac. Defendant and a friend, Thelma Mitchell, then drove to defendant’s brother’s apartment located at 61st Street and Stony Island Avenue. According to defendant, he stayed at his brother’s apartment until 2:15 p.m. when he returned to the CTA garage to speak to Robinson. Robinson was still out of the office, so defendant waited to speak to his superintendent, Mr. Harrington. Defendant testified that he spoke to Mr. Harrington around 3:15 p.m., left the CTA garage at 3:30 p.m. and then returned to his apartment located at 5101 Sheridan Road.

On cross-examination, the State asked defendant a number of questions relating to Rakeem’s birth and Sheila’s paternity action. Defendant denied being angry that Sheila was pregnant and denied that he was avoiding responsibility for paying child support. The State inquired whether defendant knew that paternity tests established that he was indeed Rakeem’s father. Defendant admitted to taking blood tests, but denied knowing how many tests he took or the results of those tests. The State further inquired whether defendant knew that there was an upcoming court hearing on May 15, 1996, to “establish paternity and set up child support.” Defendant adamantly denied knowing that there was a hearing set for May 15, 1996.

The State called Detective Andrew Abbott as a rebuttal witness. Detective Abbott interviewed defendant postarrest both at defendant’s apartment and at the police station.

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People v. Williams, 775 N.E.2d 104, 333 Ill. App. 3d 204, 266 Ill. Dec. 542, 2002 Ill. App. LEXIS 668 (Ill. Ct. App. 2002).

775 N.E.2d 104 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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