People v. Young

596 N.E.2d 69, 231 Ill. App. 3d 40, 172 Ill. Dec. 790, 1992 Ill. App. LEXIS 942
CourtAppellate Court of Illinois
DecidedJune 16, 1992
Docket1-90-1498
StatusPublished
Cited by7 cases

This text of 596 N.E.2d 69 (People v. Young) 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. Young, 596 N.E.2d 69, 231 Ill. App. 3d 40, 172 Ill. Dec. 790, 1992 Ill. App. LEXIS 942 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Defendant, J.D. Young, appeals his jury conviction of possession of a controlled substance (Ill. Rev. Stat. 1987, ch. 56½, par. 1402), arguing that (1) the court’s coercion of a defense witness deprived him of due process; (2) the defense witness was not entitled to invoke his fifth amendment privilege; and (3) defendant’s cross-examination of witnesses was restricted improperly.

Defendant and his accomplice, Gene Raper, were charged with possession of a controlled substance with intent to deliver. (Ill. Rev. Stat. 1987, ch. 56½, par. 1401(b)(2).) Prior to trial, Raper pled guilty and was sentenced to a term of probation. Defendant’s first trial ended in a mistrial when the jury was unable to reach a verdict.

At the second jury trial, Chicago police officers William Taylor, Charles Toussas, and Phillip Bryant testified that on January 15, 1988, at about 8 p.m., they proceeded to a building at 1518 South Keeler. Bryant walked to the front door, knocked, and a man later identified as Raper answered; defendant was standing behind him. Bryant asked for a $20 bag of “coke” and handed Raper a $20 bill with a prerecorded serial number. Raper turned around and gave the bill to defendant, who put it in his pocket. When Raper turned back, he handed Bryant four “pyramid packs.” Bryant returned to his fellow officers and examined the packets, which contained white powder.

All three officers returned to the front door of the building. They heard footsteps moving toward the front door as other officers entered the building through the rear entrance. Toussas hit the door with his shoulder and forced it open. Defendant, Raper, and a woman were inside.

Taylor searched Raper and recovered a fully loaded automatic pistol and eight pyramid packs containing white powder. Toussas searched defendant and found 48 pyramid packs of white powder and $584 in cash, including the $20 bill which Bryant had used to make the controlled purchase. A search of the female yielded nothing, and she was released. The parties stipulated that the white powder in the 48 packets tested positive for cocaine and weighed 4.03 grams. The four pyramid packs purchased by Bryant, however, did not contain a controlled substance.

The defense called Raper to the stand, but he invoked the fifth amendment and did not testify. At the first trial, Raper had testified that neither he nor defendant had possessed cocaine on the date in question.

Defendant testified that he was at 1518 South Keeler drinking and playing cards on January 15, 1988. He admitted that he had been carrying $564 in cash, but denied that he had any cocaine. He did not take a $20 bill from Raper and saw no drugs on the premises.

The jury found defendant guilty of possession of a controlled substance (Ill. Rev. Stat. 1987, ch. 56½, par. 1402(b)), and he was sentenced to a two-year period of probation.

I

At issue is whether the circuit court coerced Raper not to testify and thereby deprived defendant of due process.

During the first trial, Raper testified that neither he nor defendant had any drugs on the date in question. He admitted that previously he had pled guilty to possession of a controlled substance with intent to deliver before the same judge, and then was asked the following question:

“[DEFENSE COUNSEL:] And you told the judge that you were guilty?
A. No, sir.”

The court immediately called for a sidebar and expressed its concern for accepting an involuntary plea from an innocent man. The judge remarked:

“They won’t lie about what I did to them and get away, so again, I will move hell and high water to have that gone over, and I would even direct the State to indict him, you know, if he tells and if he says he did something that causes me to look like I am lying.
*** I have a fellow who has been in jail now for about a year on contempt, you understand. *** I don’t hesitate. I will put somebody underneath the jail for lying on me.”

When direct examination resumed, Raper said that he pled guilty because the case had been pending for over two years and he “was about to have a nervous breakdown.” On cross-examination, Raper said he voluntarily entered his guilty plea.

Prior to the second trial, the judge indicated that he intended to give Raper an opportunity to withdraw his guilty plea. Defense counsel argued that the court was taking away his client’s defense by threatening Raper with a possible armed violence conviction, as the State might reinstitute such charge. Defendant’s subsequent motion for substitution of judge was denied.

At trial, but outside the presence of the jury, Raper appeared before the court with his own attorney and was asked if he wished to withdraw his earlier guilty plea. He declined. Raper was called by the defense to testify, but he relied upon the fifth amendment and remained mute.

A fundamental element of due process is the right of an accused to present witnesses in his own defense. (Washington v. Texas (1967), 388 U.S. 14, 18 L. Ed. 2d 1019, 87 S. Ct. 1920.) That fundamental right is violated if the State or the court exerts improper influence on defense witnesses causing them not to testify. (Webb v. Texas (1972), 409 U.S. 95, 98, 34 L. Ed. 2d 330, 333, 93 S. Ct. 351, 353 (per curiam) (Webb); People v. Cross (1981), 101 Ill. App. 3d 435, 437, 428 N.E.2d 588 (Cross); see also Annot., 88 A.L.R.4th 388, 438 (1991).

Defendant relies upon Webb, in which the trial court, on its own initiative, directly addressed the sole defense witness, who had a prior criminal record and was then serving a prison sentence, and threatened him with prosecution for perjury if he lied. Following the judge’s monition, characterized by the supreme court as “lengthy and intimidating,” the witness refused to testify. It was held that defendant’s right to due process had been violated and his conviction was reversed, as “the unnecessarily strong terms used by the judge could well have exerted such duress on the witness’ mind as to preclude him from making a free and voluntary choice whether or not to testify.” Webb, 409 U.S. at 98, 34 L. Ed. 2d at 333, 93 S. Ct. at 353.

Unlike Webb, this case does not involve the trial court’s gratuitous admonishment of a defense witness who is on the stand. In fact, it appears from the record that Raper was not present when the allegedly coercive statements were made during a sidebar discussion. Raper was addressed directly by the court only when he was given the option of withdrawing his guilty plea. 1 It is within the sound discretion of the circuit court to determine whether a plea of guilty, once entered, may be withdrawn to correct manifest injustice. (People v. Smithey (1983), 120 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 69, 231 Ill. App. 3d 40, 172 Ill. Dec. 790, 1992 Ill. App. LEXIS 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-young-illappct-1992.