People v. Wright

651 N.E.2d 758, 272 Ill. App. 3d 1033, 209 Ill. Dec. 580, 1995 Ill. App. LEXIS 413
CourtAppellate Court of Illinois
DecidedJune 9, 1995
Docket1-92-3216
StatusPublished
Cited by29 cases

This text of 651 N.E.2d 758 (People v. Wright) 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. Wright, 651 N.E.2d 758, 272 Ill. App. 3d 1033, 209 Ill. Dec. 580, 1995 Ill. App. LEXIS 413 (Ill. Ct. App. 1995).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

BACKGROUND

On July 9, 1992, a jury found the defendant-appellant Walter Wright guilty of first degree murder and armed robbery arising from the March 31, 1990, shooting of the victim, Robert Burnett. The court sentenced the defendant to natural life without parole for the first degree murder conviction and a concurrent term of 30 years’ imprisonment for the armed robbery. For the reasons set forth below, the defendant’s conviction and sentence are affirmed.

TRIAL

The defendant’s trial commenced on July 7, 1992. Chicago police officer James Banks testified that at 5:15 a.m. on March 31, 1990, he was assigned to investigate a man down at 7540 S. Essex. When he arrived at that address, Banks observed the victim lying on his back near the center of the roadway with his front pants pockets turned out. Banks further observed that the victim was dead and that the rear of his head bore a gunshot wound from a medium-sized firearm, possibly .38 or .32 caliber.

Detective Jack Lahey of the Chicago police testified that he met with Officer Banks at the crime scene around 6 a.m. on March 31, at which time he removed the victim’s driver’s license, which showed his home address as 111 W. Huron in Chicago. Detective Lahey then telephoned Jimette Holmes, the desk clerk of the Wacker Hotel, located at 111 W. Huron, who told him that the victim operated an American United Cab, number 2612. After confirming that the victim was a lessee of that particular taxi, Lahey caused its license plate number to be entered on a national law enforcement computer system as a wanted vehicle.

Deputy Sheriff Dennis Sesna of the Buffalo County, Nebraska, sheriff’s office testified that at 11:50 p.m. on March 31, 1990, approximately 19 hours after the victim’s body had been discovered in Chicago, he observed an auto parked on the shoulder of Interstate 80 in Buffalo County, Nebraska. That auto was American United Cab 2612, the victim’s taxi. Deputy Sesna pulled behind the taxi and requested that his dispatcher check its license plate number. The defendant then exited the taxi and told Sesna that he had pulled over to rest; Sesna instructed the defendant to return to the taxi. A short time later, the dispatcher advised Deputy Sesna that the victim’s taxi was wanted in connection with a homicide investigation in Illinois. Sesna then summoned assistance and arrested the defendant.

Chief Deputy Sheriff Richard Larson of the Buffalo County, Nebraska, sheriff’s office testified that on March 31, 1990, he was an investigator with that agency and assisted Deputy Sesna subsequent to the defendant’s arrest. Chief Deputy Larson recovered a Taurus .38-caliber six-shot revolver from inside a suitcase laid on the back seat of the victim’s taxi. That revolver was loaded with five live rounds but the round directly beneath its hammer had been fired. Subsequent investigation showed that the defendant had purchased that revolver in California in 1980. Chief Deputy Larson further testified that a gunshot residue test had been performed on the defendant’s hands but the results were inconclusive. Larson also stated that he took from the defendant a brown leather jacket which he was then wearing.

Investigator Robert Shelbourn of the Nebraska State Patrol recovered samples of what he believed to be dried blood from the driver’s seat and the inside of the driver’s side front door of the victim’s taxi. Based on the position of the stains he observed, Shelbourn opined that if the samples he recovered were in fact human blood, the person who shed it would have been sitting in the driver’s seat of the taxi. Investigator Shelbourn also testified that human blood which had not pooled would dry in 15 to 30 minutes.

Detective William Marley of the Chicago police department also testified at trial wherein he related the following statement which the defendant made to him and his partner, Detective Michael Bosco, at the Area Two Detective Division Headquarters in Chicago on April 7, 1990, and later reiterated in the presence of Assistant State’s Attorney Laura Mor ask. This statement had been the subject of an in limine motion to suppress which, as shall be discussed later, was denied by the court.

Detective Marley testified that in answer to the defendant’s question he told the defendant that the murder which he was investigating occurred around 5 a.m. on March 31, 1990. The defendant then stated that he could not have been responsible for the murder because "by that time he was hitchhiking on the highway.” He said that he checked out of a motel at Roosevelt and Michigan in Chicago at about 2:30 a.m. on March 31, walked to the Dan Ryan expressway, and then began hitchhiking toward Wisconsin. A truck driver picked him up and drove him "for quite a long while towards Wisconsin” and eventually "let him off in a rural area.”

According to Detective Marley, the defendant told him that he walked a long way after the truck driver dropped him off and that he eventually "found a taxicab parked along the side of the road with its lights out and with keys in the ignition.” The defendant then took that taxi and began driving west toward his ultimate destination of California. The defendant stated that he parked on the shoulder of the road so he could sleep but that a policeman told him that he could not park on the interstate and directed him to leave. The defendant did so but several police officers stopped him a short time later and placed him under arrest.

Marley continued that the defendant admitted that the Taurus revolver recovered by Chief Deputy Larson belonged to him. Marley then told the defendant that the gunshot residue test which Larson said had been performed would reveal whether he had discharged a firearm. The defendant responded that he had fired the Taurus revolver shortly before the Nebraska police arrested him. He stated that he had exited the taxi to urinate and, upon hearing what he believed to be "some sort of a wild animal,” he fired one shot into the air.

Dr. Yuksel Konacki, an assistant Cook County medical examiner, performed an autopsy of the victim’s body on April 1, 1990. Dr. Konacki opined that the victim died from a single gunshot wound to the head, but he did not recover the bullet or any fragment thereof. The area around the entry wound was discolored, indicating that when "the gun was fired, the muzzle [was] in contact with the skin.”

Christine Braun, a forensic serologist with the Chicago police department crime laboratory, testified that she tested a blood standard drawn from the decedent and identified his blood as type O. She then tested the samples which Investigator Shelbourn recovered from the victim’s taxi which proved to be dried human blood, consistent with type O. Braun also tested the leather jacket which Chief Deputy Larson took from the defendant and, although no stains were visible, a sensitive chemical test revealed the presence of blood on the left sleeve. However, that test could not reveal the type of that blood.

On July 9, 1992, the jury found the defendant guilty of first degree murder and armed robbery. The State sought the death penalty.

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Cite This Page — Counsel Stack

Bluebook (online)
651 N.E.2d 758, 272 Ill. App. 3d 1033, 209 Ill. Dec. 580, 1995 Ill. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wright-illappct-1995.