People v. Belknap

• Decision Date: 18 November 2009
• Docket Number: No. 3-08-0692.,3-08-0692.
• Citation: 918 N.E.2d 1233
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel R. BELKNAP, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

918 N.E.2d 1233

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel R. BELKNAP, Defendant-Appellant.

No. 3-08-0692.

Appellate Court of Illinois, Third District.

November 18, 2009.

Ronald L. Hanna (argued), Hanna & Hanna, P.C., Peoria, IL, for Appellant.

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Gary F. Gnidovec (argued), State's Attorneys Appellate Prosecutor, Ottawa, IL, James Hoyle, State's Attorney, Macomb, IL, for Appellee.

Justice CARTER delivered the opinion of the court:

The defendant, Daniel R. Belknap, was convicted of first degree murder and endangering the life of a child in connection with the death of five-year old Silven Yocum in September 2006. 720 ILCS 5/9—1(a)(1), 12—21.6(a) (West 2006). On appeal, the defendant raises challenges to the sufficiency of the evidence, the trial court's failure to strictly comply with Supreme Court Rule 431(b) (Official Report Advance Sheet No. 8 (April 11, 2007), R. 431(b), eff. May 1, 2007), the admission of certain testimony, and the court's ex parte communications with the jury. We reverse the defendant's convictions and remand for a new trial.

I. FACTS

The defendant was charged with first degree murder and endangering the life of a child. Prior to trial, the defendant filed several motions in limine to exclude certain evidence. These motions included a motion to exclude the testimony or evidence of any statement of jailhouse informants Jeff Ahlers and Joseph Burgess and a motion to exclude certain testimony by paramedic Heather Connor as to statements made to her by the victim's mother, Erin Yocum.

The defendant's trial began on May 19, 2008, with jury selection. On that day, the court addressed the venire as a group. The court stated:

"Every defendant is presumed innocent until proven guilty by proof beyond a reasonable doubt. It is the burden of the State to prove their case by proof beyond a reasonable doubt.

The defendant is not required to testify or to offer any evidence on his behalf. If a defendant does not testify on his own behalf, you may not consider the fact that he didn't testify in deciding the question of his guilt or innocence."

The court then called groups of four potential jurors into the courtroom for questioning by the court and the parties. The court asked each small group of potential jurors whether they had read or heard any media reports about the case. In addition, the court asked whether they could set aside what they had learned from those accounts and decide the case based solely on the evidence presented in court. The court also asked whether the potential jurors had any bias or prejudice against a person simply because that person had been charged with a crime. Further, the court asked each small group of potential jurors whether they would apply the law as the court instructed it to be without regard to their own feelings.

Jury selection continued on May 20, 2008. Again, the court addressed the entire venire, stating:

"In a criminal trial in the United States in Illinois, the defendant is presumed to be innocent. That presumption of innocence stays with him throughout the trial until you've heard the whole thing and actually make your decision and you decide whether he's innocent or not.

The standard of proof in a criminal trial is proof beyond a reasonable doubt, and that isn't defined any more than that. Proof beyond a reasonable doubt is the standard I'm sure the attorneys will talk to you about in their arguments.

In a criminal case, a defendant is not required to present any evidence. You merely stand mute and see what the State can prove. A defendant is not required to testify. He may. He doesn't have to. That's up to him. And if he doesn't testify under the constitutional system of this country, then that decision cannot be used as part of your decision-making process. If he testifies, you can consider what he says. If he doesn't testify, you don't go there."

The court also questioned the small groups of potential jurors, asking the same questions it had asked the previous day.

Following opening statements, the trial proceeded with the testimony of Erin Yocum. Erin testified that she was the mother of the victim, Silven Yocum. Silven was five years old at the time of her death in September 2006. In September 2006, Erin was dating the defendant. Erin and Silven did not live with the defendant, but they frequently stayed at the defendant's house. Silven had her own room at the defendant's house.

During the time period of Monday, September 4, 2006, through the morning of Friday, September 8, 2006, Erin did not notice anything unusual with Silven. Silven did not appear to be ill during this time. On Friday, September 8, Erin put Silven to bed at the defendant's home between 9:00 and 10:00 p.m. At approximately 11 p.m., Erin left the house to buy some magazines. She was gone for an hour to an hour-and-a-half. When she arrived back at the defendant's home, the defendant was in the garage with a man she had never before met. Erin did not see anyone smoking methamphetamine, and she denied smoking methamphetamine at that time. Erin checked on Silven, who was sleeping. Erin went to bed at approximately 1:30 a.m. and awoke around 5 a.m. The defendant had not slept in the house the previous night and was still in the garage. Silven awoke shortly thereafter. There did not appear to be anything wrong with Silven at that time.

Later that morning of Saturday, September 9, 2006, Erin and Silven painted a doghouse. Silven, however, was not interested in painting, which Erin thought was unusual. Silven only wanted to sit on Erin's lap. At approximately 9 a.m., the defendant told Silven to go into the house to help him make breakfast. Silven did not want to go and cried. The defendant picked up Silven and carried her into the house. Erin followed 10 to 15 minutes later. Silven ate her breakfast, but did not want to do anything else. Erin thought that Silven was getting sick, as Silven was sniffling and coughing. Erin, herself, had a bad cold at the time.

After breakfast, Silven and the defendant went for a ride on his four-wheeler. Erin testified that they were gone for approximately 5 to 10 minutes, and that Silven appeared fine when they returned. Later that afternoon, Erin telephoned her brother and asked if his son, Brett, could come to the defendant's house and play with Silven. Erin requested that Brett come and play with Silven because Silven was unusually clingy that day. Erin then drove to her brother's home to pick up Brett, which took approximately 40 minutes. Silven did not go with her. After Brett arrived, he and Silven went to jump on the trampoline. Silven did not want to jump, however.

Erin testified that Brett's father, Erik, was also present at the defendant's house on Saturday. Erik arrived at approximately 5:30 p.m. to take Brett to a birthday party. Silven went with Erik when he drove Brett to the party. Erik and Silven were gone for approximately a half-hour. When they returned, Silven did not want to eat the pizza that Erik had bought her. Silven sat on Erik's lap for about an hour and appeared to be sicker than she had been earlier that day. Erin testified that Silven did not have any energy throughout the day, that she did not want to eat and only wanted to cling to Erin.

At 7:30 p.m., Erik left the defendant's house to pick up Brett from the birthday party. Erin testified that Erik telephoned her soon after and told her that a wheel had come off his truck on his way to get Brett. Erin got into her car and left the house to find Erik. Erin testified that it took approximately 10 minutes to find Erik. They then returned to the defendant's house and the defendant went with Erik to go get Erik's truck. The defendant and Erik returned shortly, and Erik took Erin's car. The defendant left to pick up some food and medicine for Erin and Silven, returning at approximately 10 p.m.

Erin's testimony regarding when Silven went to bed that night is somewhat muddled. First, she testified that after she returned from picking up Erik she "went in the house with Silven." The defendant carried Silven into the house and put her to bed. Erin testified Silven appeared tired and sick at that time. A little later in her testimony, she testified that Silven was already in bed when Erin left the house to get Erik, and that Silven went to bed at 8:30 or 9 that evening. On cross-examination, she testified that the defendant took Silven into the house when Erin left to get Erik and that Silven was in bed when Erin returned to the house.

At 6:30 a.m. on Sunday, Erin awoke to use the restroom. Erin passed by Silven's room and heard her snoring. Erin thought that Silven was congested and sounded as if she was sleeping heavily. Erin did not go inside Silven's room and could not see Silven clearly because Erin was not wearing her glasses. Erin went back to bed and awoke again at 10 or 10:30 a.m. Silven was still sleeping and snoring. Erin was not feeling well, so she went back to bed again. Erin woke for the third time at noon when Erik called and told her he was coming to the house to get his truck. While Erin was on the telephone with Erik, the defendant yelled from Silven's room. Erin testified that she went to Silven's room and saw Silven having a seizure. Erin then called 911.

Initially, Silven was taken to McDonough District Hospital. Erin testified that the defendant accompanied her to the hospital, but that he left at some point to get clothing and insulin for Erin, who is diabetic. Erin testified that she made arrangements to meet the defendant at another location so that they could travel together to St. Francis hospital in Peoria, where Silven was transferred. Erin's parents drove her to the meeting place and Erin got into the defendant's vehicle. While they were driving, Erin told the defendant what Silven's doctor had told her about Silven's injuries. Erin...