People v. Belvedere
| Decision Date | 18 May 1979 |
| Docket Number | 77-948,Nos. 77-908,s. 77-908 |
| Citation | 72 Ill.App.3d 998,390 N.E.2d 1239,28 Ill.Dec. 649 |
| Parties | , 28 Ill.Dec. 649 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Oreste BELVEDERE, Jr., and Robert Bailey, Jr., Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
Jerold S. Solovy, Christopher J. McElroy, Chicago, for defendant-appellant Bailey; Jenner & Block, Chicago, of counsel.
Bernard Carey, State's Atty., Chicago (Lee T. Hettinger, Michael E. Shabat, Asst. State's Attys., Chicago, of counsel), for plaintiff-appellee.
Following a jury trial, defendants were each found guilty of the murder of Mark Butterly, the attempt murder of John Sigle, and the aggravated battery of John Sigle. (Ill.Rev.Stat.1975, ch. 38, pars. 9-1, 9-1 and 8-4, and 12-4(b) (1).) Defendant Belvedere was also found guilty of the attempt murder of John Beuchner. Defendants were sentenced to terms of 75 to 200 years for the murder, 25 to 50 years for the attempt murder of John Sigle, and 3 to 10 years for the aggravated battery. Additionally defendant Belvedere was sentenced to 25 to 50 years for the attempt murder of John Beuchner. The sentences are to run concurrently.
In consolidated appeals, defendants contend that they should be granted a new trial because (1) they were denied a fair trial when the prosecutor was permitted to elicit testimony from a State's witness regarding defendant Belvedere's alleged attempt to coerce the witness to testify favorably in his behalf, and to examine the witness as to whether the person who supplied her heroin, with which she tried to commit suicide, was a friend of defendants; (2) they were denied a fair trial because the court erred in permitting a former prosecutor to testify, express his personal belief as to defendants' guilt, and relate the hearsay testimony of ten other witnesses; (3) the trial court improperly permitted the prosecution to introduce into evidence defendant Bailey's prior narcotic conviction; (4) the prosecutors made prejudicial remarks during their closing arguments; and (5) the sentences were excessive. We affirm the trial court.
During the early morning hours of August 3, 1975, while in the vicinity of the Hasty Grill Restaurant, Mark Butterly was killed after having been repeatedly struck by defendants with an automobile jack and jack handle, and John Sigle was allegedly beaten with the same automobile jack and jack handle. Moreover, John Beuchner, during the same incident, was struck by an automobile operated by defendants. The pertinent testimony follows.
Joseph Peters testified that on August 3, he worked as a part time grill man at the Hasty Grill which is located at 1801 West North Avenue, Melrose Park, Illinois. He arrived at the Hasty Grill around 5:30 a. m. to relieve Bill Parker, the regular grill man. When he entered the grill he saw four boys on the west end and two boys and two girls on the east end. After he washed up, he came out of the washroom and noticed the place was empty except for Parker, the grill man, and a young girl. He looked outside and on the far west side of the parking lot, near the funeral parlor, he heard shouting and saw two men in a white convertible Buick driving back and forth and saw the Buick "brush" a boy. The boys got away from the car and then the car turned around and knocked two of the boys out on North Avenue. Later he saw someone striking a Volkswagen on the driver's side with a jack handle. Then he observed the fellow with the jack handle hit the young boy in the head as the boy was getting out of the Volkswagen. The boy was hit with the jack handle again and he fell to the ground. Then the other fellow hit the boy two or three times on the head with the jack part while the boy was on the ground. Peters tried to make a telephone call to the police, but the girl in the grill tried to prevent him from doing so by hitting him with the telephone receiver. Nevertheless, he finally contacted the police. After the police arrived, he went outside and saw the boy on the ground with blood coming out of his mouth. He later identified the man he saw with the full jack as Belvedere.
Cynthia Saccomanno (hereinafter Cindy) testified that on August 3, she was with On cross-examination she admitted that when she left the Tenement West lounge with defendants, all of them were under the influence of intoxicating liquor.
[28 Ill.Dec. 653] Ursula Rumas at the Tenement West lounge and that defendants arrived at about 3:00 a. m. She had known Belvedere two years and Bailey nine months. Each of them had several alcoholic drinks at the lounge. They left in Belvedere's white convertible Buick and drove to the Hasty Grill. While sitting at the counter Cindy got into an argument with Belvedere and he punched her in the mouth. She fell to the floor. Belvedere then dragged her to the parking lot and started beating her. She heard somebody say "don't hit a girl, she's bleeding, bring her to the hospital or call an ambulance." After the beating, she started walking and reached 19th Avenue and Bloomingdale in Melrose Park when a car, occupied by defendants, stopped. Bailey got out of the car and started kicking her in the face with his foot. He knocked her to the ground and kicked her three times in the face.
Police Officer Michael Klugger testified that after receiving a radio dispatch call of a murder at the Hasty Grill, he proceeded westbound on North Avenue and as he approached 15th Avenue he observed a white Buick convertible coming southbound on 15th; it made a left-hand turn through the red light and proceeded east on North Avenue. There were two white males in the front seat of the vehicle, and the driver of the automobile looked directly at him. He identified the driver as Belvedere. Upon his arrival at the Hasty Grill he observed the decedent lying on his right side in front of a Volkswagen vehicle. The victim's head was in a pool of blood. When he looked at the vehicle, he observed that the rear window on the driver's side was broken out.
John Beuchner testified that on August 2, he was a waiter at the Rusty Scupper Restaurant at O'Hare Plaza. Decedent had formerly worked as a waiter at this restaurant but had been transferred to the Rusty Scupper Restaurant on Clark Street in Chicago. Decedent and John Sigle, also a waiter at the Rusty Scupper on Clark Street, came by the O'Hare Plaza restaurant before it closed. They had planned to attend a going away party for a cook who was leaving for college. The party was to be held at the home of the manager of the O'Hare restaurant. Beuchner arrived at the party at 2:30 a. m. and John Sigle, Pat Angelo and decedent were already there. He said that he had imbibed one rum and coke while still at the restaurant and had consumed one beer at the party. He left the party at 4:30 a. m. with Sigle, Angelo and decedent who was driving Sigle's Volkswagen and together they went to the Hasty Grill. When they arrived, Beuchner ordered breakfast. He then noticed a man dragging a girl by her hair out of the door. As the girl was dragged out, she hit against the side of the door and he heard decedent say, He heard the other man holding the door reply, He identified Belvedere as the man he saw dragging the girl out of the Hasty Grill and Bailey as the man he saw standing holding the door open.
Beuchner further testified that he observed a trickle of blood coming from the girl's mouth. He saw her get up, swear at the shorter man and walk away. He went back into the restaurant. He then heard Sigle say, He followed Sigle outside and saw defendants, Angelo and decedent facing each other. He heard both Angelo and decedent tell defendants to get into their car and leave. Decedent told them to "get the hell out of here." Belvedere then got in the driver's side and Bailey got in on the passenger's side of a white two-door convertible Buick. The car was put in drive, proceeded forward, and made a "swipe" at the four of them. They dodged the car. The driver stopped, put the car in reverse and made another "swipe" at them. Beuchner ran with Sigle and Angelo to the wall by the funeral home; decedent, however, remained out on the drive. The car continued to attempt to strike decedent. Beuchner ran out to decedent Patrick John Angelo testified that on August 2, he was a waiter at the O'Hare Rusty Scupper Restaurant and was a graduate of Loyola University where he had met decedent. He also attended the same party as Beuchner, Sigle and the decedent. While at the party he had one beer. He left the party at approximately 4:30 a. m. or 4:45 a. m. with Beuchner, Sigle and decedent in Sigle's Volkswagen automobile. They went to the Hasty Grill. At the Hasty Grill, he saw a man hit a girl and drag her by her hair to the door. He observed decedent get up from his seat and go over to the two men who were with the girl and tell them that they should not hit a lady. He heard one of the men say He identified Belvedere as the man who struck the girl and Bailey as the person who spoke to decedent. He further testified that he pushed decedent back and told him to leave the men alone. He looked out the side window of the restaurant and saw a white Buick convertible pull up to the girl who previously had been hit. Belvedere, the driver got out, punched the girl in the face and kicked her. Angelo stated that he walked out of the restaurant, went over to the automobile, and told Belvedere, who was standing over the girl, to leave and that the police had been called. He was followed to the automobile by decedent who asked ...
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