People v. Wilmington

915 N.E.2d 882, 394 Ill. App. 3d 567, 333 Ill. Dec. 811, 2009 Ill. App. LEXIS 936
CourtAppellate Court of Illinois
DecidedSeptember 24, 2009
Docket1-07-2518
StatusPublished
Cited by43 cases

This text of 915 N.E.2d 882 (People v. Wilmington) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wilmington, 915 N.E.2d 882, 394 Ill. App. 3d 567, 333 Ill. Dec. 811, 2009 Ill. App. LEXIS 936 (Ill. Ct. App. 2009).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Following a jury trial, defendant Lamar Wilmington was convicted of the first degree murder of Guan McWilliams and of concealing that homicidal death. Defendant was sentenced to consecutive terms of 50 years and 5 years in prison, respectively, for those crimes. On appeal, defendant contends that he was denied a fair trial for two reasons: (1) the trial court did not ascertain that defendant consented to his counsel’s tendering of a jury instruction on second degree murder; and (2) the trial court did not fully comply with the voir dire requirements of Illinois Supreme Court Rule 431(b) (177 Ill. 2d R. 431(b)). Because the trial court’s admonitions to potential jurors did not comply with Rule 431(b), we reverse defendant’s convictions and sentence and remand for a new trial.

BACKGROUND

On March 4, 2004, McWilliams’ body was found in a garbage can at 7446 South Eberhart in Chicago. An autopsy revealed that McWilliams had been shot twice in the top of the head. About a week later, defendant went to the Third District police station and told an officer that a person known as “Dollar” killed McWilliams. Police interviewed Dollar and eliminated him as a suspect.

On June 14, 2004, defendant returned to the police station and reported that his head had been grazed by a bullet. After investigating that complaint, officers informed defendant of his Miranda rights and questioned him about McWilliams’ death. Defendant admitted shooting McWilliams and described the events that led to the offense. Defendant said that he and McWilliams met at a bar in 2003 and occasionally had sex when McWilliams initiated a meeting.

Defendant told police that on March 3, 2004, McWilliams called him and asked for $200; defendant had no money but told McWilliams to come to defendant’s residence anyway. After they had sex, McWilliams again asked for money and they began to argue. McWilliams said he had AIDS and threatened to tell police defendant had raped him. McWilliams pulled out a gun, which defendant easily took away from McWilliams because defendant was bigger and stronger. Defendant became angry and called McWilliams a “little bitch.” McWilliams threatened to tell people in the neighborhood that they were having sex, which angered defendant because he did not want his sexual orientation known.

While defendant held the gun, McWilliams, who was naked and unarmed, ran at him. Defendant fired about four shots, striking McWilliams in the top of the head because McWilliams was hunched over when he ran at defendant. McWilliams fell to the ground, bleeding, and defendant said he looked like he was dead. Defendant put clothes on the body, and a friend helped him put the body in a garbage can. Defendant told police that he had implicated Dollar because he and Dollar had fought over a girl.

For the defense, Dr. Robert Hanton, a clinical neuropsychologist, testified that defendant had a chronic seizure disorder documented back to 1998 and that the argument, shooting and moving of the body would have been stressful for defendant and likely could not have occurred without defendant suffering a seizure, though the State’s version of events was “certainly possible.” Other defense witnesses testified about McWilliams’ life and the placement of the garbage can in which the body was found. A man who sells items he finds in the trash testified that he did not see a body in the garbage cans at 7446 South Eberhart on the morning after the shooting.

ANALYSIS

We first address defendant’s contention that this court must reverse his conviction and remand for a new trial because the trial court’s admonitions to the jury venire did not comply with Rule 431(b). That rule codifies the Illinois Supreme Court’s holding in People v. Zehr that four inquiries must be made of potential jurors in a criminal case that “ ‘go[ ] to the heart of a particular bias or prejudice which would deprive [a] defendant of his right to a fair and impartial jury.’ ” People v. Zehr, 103 Ill. 2d 472, 477, 469 N.E.2d 1062, 1064 (1984), quoting People v. Zehr, 110 Ill. App. 3d 458, 461, 442 N.E.2d 581, 584 (1982).

The version of Rule 431(b) that was in effect when defendant’s trial occurred in July 2007 (the “2007 rule”) provided:

“The court shall ask each potential juror, individually or in a group, whether that juror understands and accepts the following principles: (1) that the defendant is presumed innocent of the charge(s) against him or her; (2) that before a defendant can be convicted, the State must prove the defendant guilty beyond a reasonable doubt; (3) that the defendant is not required to offer any evidence on his or her own behalf; and (4) that the defendant’s failure to testify cannot be held against him or her; however, no inquiry shall be made into the defendant’s failure to testify when the defendant objects.
The court’s method of inquiry shall provide each juror an opportunity to respond to specific questions concerning the principles set out in this section.” Ill. S. Ct. R. 431(b) (eff. May 1, 2007).

Previously, the rule began with the phrase “if requested by the defendant.” 177 Ill. 2d R. 431(b). Under that earlier version, the Zehr admonitions only were posed to the venire if the defendant asked the court to do so. The 2007 rule removes the prefatory language and requires the trial court to issue the Zehr admonitions and inquiries sua sponte. According to the committee comments to the rule:

“The new language is intended to ensure compliance with [.Zehr]. It seeks to end the practice where the judge makes a broad statement of the applicable law followed by a general question concerning the juror’s willingness to follow the law.” 177 Ill. 2d R. 431(b), Committee Comments, at lxxix.

In the case at bar, before voir dire was conducted of individual panel members, the trial court admonished the entire group of potential jurors about each of the four principles in Zehr-.

“Mr. Wilmington[,] as with other persons charged with crimes[,] is presumed to be innocent of the charges that bring him before you. *** It is absolutely essential as we select this jury that each of you understand and embrace these fundamental principles; that is, that all persons charged with a crime are presumed to be innocent and that it is the burden of the state who has brought the charges to prove the defendant’s guilt beyond a reasonable doubt.
What this means is that the defendant has no obligation to testify in his own behalf or to call any witnesses in his defense. He may simply sit here and rely upon what he and his attorneys perceive to be the inability of the state to present sufficient evidence to meet their burden. Should this happen, you will decide this case on the basis of the evidence presented by the prosecution. The fact that *** the defendant chooses not to testify must not be considered by you in any way in arriving at your verdict.”

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Cite This Page — Counsel Stack

Bluebook (online)
915 N.E.2d 882, 394 Ill. App. 3d 567, 333 Ill. Dec. 811, 2009 Ill. App. LEXIS 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilmington-illappct-2009.