People v. Bannister
| Decision Date | 29 October 2009 |
| Docket Number | No. 105887.,105887. |
| Citation | 923 N.E.2d 244,236 Ill.2d 1,337 Ill. Dec. 685 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. James BANNISTER, Appellant. |
| Court | Illinois Supreme Court |
Edwin A. Burnette and Abishi C. Cunningham, Jr., Public Defenders, Chicago (Lester Finkle and Erica Reddick, Assistant Public Defenders, of counsel), for appellant.
Lisa Madigan, Attorney General, Springfield, Anita Alvarez, State's Attorney, Chicago (James E. Fitzgerald, Alan J. Spellberg and John E. Nowak, Assistant State's Attorneys, of counsel), for the People.
Defendant James Bannister was convicted of two counts of first degree murder and sentenced to natural life imprisonment for his role in a gang-related shooting. His convictions and sentence were affirmed on direct appeal. People v. Young, 263 Ill.App.3d 627, 200 Ill.Dec. 134, 635 N.E.2d 473 (1994). The defendant then filed a postconviction petition, alleging actual innocence because the key witness for the State had recanted his trial testimony. The trial court granted the defendant's petition, vacated his convictions, and ordered a new trial. After a bench trial, the defendant was again convicted of two counts of first degree murder and sentenced to life imprisonment. On appeal, the defendant asserted that, inter alia, he was denied due process and deprived of a fair trial because the State had entered into a plea agreement containing a so-called consistency provision with one of the defendant's accomplices. The appellate court affirmed the defendant's convictions and sentences. 378 Ill.App.3d 19, 316 Ill.Dec. 871, 880 N.E.2d 607.
For the reasons that follow, we also affirm.
On November 9, 1989, several men shot at Dan Williams from around a building in the Stateway Gardens housing complex in Chicago. Williams ran away from the gunfire and toward a building on the campus of the Illinois Institute of Technology (IIT). Williams was shot and killed at the revolving door of the building. Thomas Kaufman, a security guard inside the building, was shot and killed by a stray bullet. The defendant and several of his fellow gang members, including Michael Johnson, were charged with murder.
At trial, the only direct evidence against the defendant was the testimony of Deanda Wilson, a 12-year-old member of a rival gang. Wilson testified that on the night of the shooting he saw the defendant and six other men around a building in the Stateway Gardens housing complex. According to Wilson, Williams was near a play lot in front of the building when someone called out to him. Following a verbal exchange, the defendant and his fellow gang members shot at Williams, and Williams stumbled toward the IIT building. Wilson stated that the shooting continued for about 15 seconds before the defendant and his accomplices fled. The defendant presented an alibi defense, calling four witnesses who testified that he was at home at the time of the shooting. A jury found the defendant guilty of two counts of first degree murder, and he was sentenced to life imprisonment. The defendant's convictions and sentence were affirmed on direct appeal. Young, 263 Ill.App.3d 627, 200 Ill.Dec. 134, 635 N.E.2d 473.
In April 1993, the defendant filed a pro se postconviction petition, and more than two years later in July 1995, defense counsel filed a supplemental petition, alleging actual innocence based on Wilson's recantation of his trial testimony implicating the defendant. The trial court dismissed the defendant's petition without an evidentiary hearing, but the appellate court reversed and remanded. The appellate court held that the trial court should have conducted an evidentiary hearing regarding Wilson's recantation. On remand, the circuit court conducted an evidentiary hearing and found that, with respect to the defendant, Wilson's trial testimony was not accurate and truthful and that there was no corroboration for his implication of the defendant. The court concluded that the outcome of the defendant's trial likely would have been different without Wilson's perjured testimony. The trial court granted the defendant's request for postconviction relief, vacated his convictions and sentences, and ordered a new trial.
The defendant waived his right to a jury trial, and the cause proceeded to a bench trial. The State's key witness was the defendant's accomplice, and a codefendant at his first trial, Michael Johnson. Johnson, who had been tried separately, had also been convicted of both murders and sentenced to natural life imprisonment. Johnson agreed to testify against the defendant pursuant to a plea agreement with the State. The agreement stated:
"IT IS AGREED that Michael Johnson will testify truthfully in all matters regarding the 1st degree murders of Dan Williams and Thomas Kaufman, which occurred on November 9, 1989, at approximately 10:00 p.m. at or near 3517-19 S. Federal, Chicago, Cook County, Illinois. Such truthful testimony shall be consistent with Michael Johnson's post-arrest statements in [sic] December 28, and December 29, 1989, to Chicago Police officers and Cook County Assistant State's Attorneys and his statements made to Cook County State's Attorney personnel during his pre-plea agreement interviews on April 29 and May 24, 2004.
It is agreed that Michael Johnson will testify truthfully in the case of People v. James Bannister * * *.
In exchange for Michael Johnson's truthful testimony in the above matters, it is agreed that Michael Johnson shall withdraw all appeals and post-conviction petitions in his case, * * * and forever waive any and all future appeals, post-conviction petitions or motions to vacate pleas. It is further agreed that the parties will move to vacate the existing sentence in Michael Johnson's case * * * and that the case will be placed back on the Honorable James Schreier's trial call. It is agreed that Michael Johnson shall plead guilty to the 1st degree murder counts involving Dan Williams, and the State will nolle pros the 1st degree murder counts involving Thomas Kaufman. The State will recommend that Judge Schreier resentence Michael Johnson to 60 years in the Illinois Department of Corrections (`I.D.O.C.'). This agreement is contingent on Judge Schreier's acceptance of its terms in their entirety.
It is further agreed that the State shall place Michael Johnson in the Witness Program Living Unit until his trial testimony in open court is completed. After his testimony is completed, Michael Johnson shall be remanded to the I.D.O.C. The State shall recommend to I.D.O.C. that Michael Johnson be segregated from * * * co-defendants and that Michael Johnson be housed in a medium-security prison, or, if that's not possible, in the Pontiac Correctional Center."
The agreement also contained a page of limitations, which stated that the agreement was "null and void" if Johnson failed "to truthfully testify under oath in open court" against the defendant or his representations "during his post-arrest statements and his pre-plea agreement interviews, upon which this agreement was predicated" were found false. Johnson, his attorney, and two assistant State's Attorneys signed the agreement.
At trial, the State called Johnson as a witness and asked him first about the agreement. Johnson stated that his understanding was that in exchange for his testimony and guilty plea, the State would "nolle" one of the murder counts, recommend a sentence of 60 years, and request that he be transferred from Tamms Correctional Center, Illinois' "super-max" prison. Johnson understood that his sentence remained within the trial judge's discretion and that his transfer remained within the discretion of the Department of Corrections.
Johnson then testified about the murders. According to Johnson, in 1989, he had been a member of the Gangster Disciples street gang for approximately 10 years. On the evening of November 9, 1989, he was walking through the Stateway Gardens housing complex with James Young and Michael Meyers when they met the defendant, Eric Smith, Thomas Carter, and Kevin Young at an apartment building in the complex. All seven men went upstairs to the apartment of Kevin Young's niece and talked for an hour about the recent sexual assault of Young's girlfriend. The men believed that Young's girlfriend had been assaulted by members of the Del Vikings street gang, and they hatched a plan to shoot Del Vikings in revenge.
The men then armed themselves, left the apartment, and proceeded to another building in the complex. There, they encountered a man known as "Rick James," who greeted the defendant by his nickname. Kevin Young shot at "Rick James." The men returned to the apartment of Kevin Young's niece, where they talked and smoked for approximately an hour. The men again left the apartment and proceeded to another building in the complex. There, they encountered Daniel Nicholson, whom they robbed. The men went to the building where they began, and where Johnson lived. Johnson testified that he went upstairs to his apartment to get a ski mask for himself and some "wave" caps for Kevin Young and Carter.
According to Johnson, the men walked to yet another building in the complex. Standing near the building, Johnson heard Smith say, "Come here, mother* * *." After hearing gunshots, he walked with Meyers to the front of the building, where he saw Williams running while the defendant, Smith, Carter, Kevin Young, and James Young were firing their guns at him. Johnson testified that he shot at Williams as he crossed a play lot, jumped the fence, and ran toward the IIT building. According to Johnson, when the shooting eventually stopped, the seven men went to an apartment in another building and waited until the police left the area.
Johnson's testimony was substantially consistent with the statement that he gave to the police on December 29, 1989...
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