People v. Cacini

• Decision Date: 11 December 2015
• Docket Number: Nos. 1–13–0135,1–13–3166.,s. 1–13–0135
• Citation: 45 N.E.3d 738
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Michael CACINI, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

45 N.E.3d 738

The PEOPLE of the State of Illinois, Plaintiff–Appellee
v.
Michael CACINI, Defendant–Appellant.

Nos. 1–13–0135
1–13–3166.

Appellate Court of Illinois, First District, Fifth Division.

Dec. 11, 2015.

45 N.E.3d 741

Breen & Pugh, Chicago (Thomas M. Breen, Jonathan M. Brayman, Todd S. Pugh, and Robert W. Stanley, of counsel), for appellant.

Anita M. Alvarez, State's Attorney, Chicago (Alan J. Spellberg, Carol L. Gaines, and Jessica R. Ball, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice LAMPKIN delivered the judgment of the court, with opinion.

¶ 1 Following a jury trial, defendant Michael Cacini was convicted of attempted first degree murder of Chicago police officer Kristopher Rigan and aggravated battery

45 N.E.3d 742

of Officer Thomas O'Shaughnessy. He was sentenced to 20 years' imprisonment for attempted first degree murder consecutive to 3 years' imprisonment for aggravated battery.

¶ 2 Defendant filed a direct appeal challenging his convictions and, while this direct appeal was pending, a postconviction petition challenging his conviction for a substantial deprivation of his constitutional rights. This court consolidated defendant's direct appeal with his appeal from the denial of his postconviction petition.

¶ 3 In this consolidated appeal, defendant contends: (1) a new trial is necessary due to critical omissions from the jury instructions and because the State knowingly adduced false evidence; (2) he was not proven guilty beyond a reasonable doubt; (3) the trial court erred by failing to consider information concerning complaints against the police officers; (4) defendant was prejudiced by the trial court's denial of his continuance request; and (5) the trial court erred by summarily dismissing defendant's postconviction petition at the first stage of those proceedings.

¶ 4 We reverse the judgment of the trial court in the direct appeal and remand this case for further proceedings. We hold that the trial court's failure to instruct the jury on the State's burden to disprove defendant's justification for his use of force in self-defense was plain error. We also hold that the trial court did not abuse its discretion in concluding after an in camera inspection that confidential records of complaints against the arresting police officers were not admissible at trial or subject to disclosure. We dismiss as moot defendant's appeal of the summary dismissal of his postconviction petition.

¶ 5 I. BACKGROUND

¶ 6 This cause arose from defendant's arrest during the early morning hours of April 20, 2010, after Officers Rigan and O'Shaughnessy confronted defendant while he was in his car, a struggle ensued, and he sped away.

¶ 7 At the February 2012 trial, Officers Rigan and O'Shaughnessy testified that they were working the midnight shift on the date of the incident. They were in an unmarked Crown Victoria automobile, which had green-lettered municipality license plates and a police light package that included blue strobe lights on the front windshield, in each rear door window, and a light bar across the back window. The police vehicle also had a siren and strobe lights in the headlights and taillights. The officers were in civilian clothes. Rigan wore a black baseball cap, a black long-sleeved shirt, a bullet-proof vest, a black zip-up sweatshirt jacket over his vest, and khaki pants. His police star was around his neck on a metal chain and was hanging on the outside of his vest and jacket. His jacket was unzipped and a Chicago police department star was embroidered on his vest. O'Shaughnessy wore a T-shirt, a bullet-proof vest, a black zip-up sweatshirt jacket and jeans. His name, star, and district were embroidered on the chest of his vest and his jacket was unzipped. Both officers wore their full duty belts.

¶ 8 About 3 a.m., the officers saw a dark colored Mercedes automobile driven by defendant pull towards the curb at approximately 15 West Division Street. The rear tires of defendant's car were blocking traffic. Defendant engaged in a conversation with a man standing on the side of the street. The officers recognized the man as Keith Harris, a known panhandler and drug dealer in that area. Harris entered the passenger side of defendant's car, they gave each other a knuckle bump or handshake, and then defendant drove off. The officers suspected that defendant and Harris

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were involved in a narcotics transaction, so the officers drove around the block and saw defendant's car again on Elm Street, which is a one-way street. The officers turned onto Elm Street, proceeding in the wrong direction towards defendant's car. Accordingly, O'Shaughnessy, who was driving, activated the emergency lights of the police vehicle to prevent any accidents. Defendant stopped his car in a lane of traffic near a bar, and Harris exited the car and walked quickly towards the bar. O'Shaughnessy stopped his car 10 to 15 feet in front of defendant's car, and he and Rigan exited the car. O'Shaughnessy approached Harris while Rigan approached the driver's side of defendant's car.

¶ 9 Rigan testified that the driver's window was down and defendant yelled, “F* * * you. You are not getting in my car without a search warrant.” Defendant then rolled up the window, and Rigan responded by saying, “Police, please turn off the car.” Rigan continued to walk towards the car and again announced his office and asked defendant to turn the car off and exit the vehicle. Rigan then opened the car door, and defendant punched him in the chest, face and jaw several times. Rigan called to O'Shaughnessy for help.

¶ 10 Rigan testified that defendant said he had a license and insurance, but Rigan told him that he was under arrest for punching him and to get out of the car. Defendant did not comply but, rather, swore several times and said, “I am not going to jail unless you drag me out of here in cuffs.” Rigan continued to announce his office, and O'Shaughnessy arrived at the driver's side of the car and tried to assist him. Defendant then grabbed Rigan's bullet proof vest and the side of his duty belt that held his gun and pulled Rigan into the car. Defendant continued to punch Rigan and moved for the gear shift. Rigan tried to remove the keys from the ignition, but defendant put the car in drive and floored it while Rigan was still in the car with his legs, from the thighs down, hanging out the door. The car door flung back and squeezed Rigan's legs, pushing him further into the car. Rigan yelled to O'Shaughnessy to shoot because Rigan felt that his life was in danger. O'Shaughnessy fired a round as defendant drove away. Defendant punched Rigan several more times and then pushed him out of the car while it was traveling at a high rate of speed. Rigan was thrown from the car. His head bounced off the pavement, and his jaw snapped shut. The left tire of defendant's car ran over Rigan's legs and the top of his body, including his shoulder. Defendant sped away.

¶ 11 Rigan testified that O'Shaughnessy drove up next to him, helped him into the police vehicle, and chased after defendant. When they turned onto Division Street, Rigan yelled at O'Shaughnessy to let him out of the car; Rigan could not move anything from his shoulder to his legs on the left side of his body. O'Shaughnessy stopped, and Rigan “hucked” himself out of the car and told O'Shaughnessy to continue chasing defendant and to call him an ambulance. Rigan remained in the street, in and out of consciousness, until an ambulance arrived and took him to the hospital. Rigan gave a verbal report to a detective at the hospital after Rigan had been sedated. As a result of this incident, Rigan suffered a dislocated shoulder, bruises and abrasions to his legs, lacerations on his elbow, arm and hand, and some cracked teeth. He had several surgeries to replace those teeth. He missed work because of his injuries, his arm remained in a sling for approximately one month, and he received physical therapy for his shoulder injury for approximately six months.

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¶ 12 Rigan thought Harris was fleeing from the police when he exited defendant's car. Rigan never heard defendant yell, “Don't steal my car, don't take my car, I am not getting out of the car.” Rigan explained that he did not try to remove defendant from the car until after defendant struck him.

¶ 13 O'Shaughnessy testified that when he exited his police vehicle, Harris complied when O'Shaughnessy told him to “come here.” They stood in front of the police vehicle, by the driver's side, and O'Shaughnessy saw Rigan approach defendant's car, announce his office and ask defendant to exit the car. O'Shaughnessy also heard defendant yelling. O'Shaughnessy looked toward Rigan and saw that he and defendant were engaged in a verbal altercation. The car door was open and defendant began hitting Rigan with a closed fist. Defendant was still yelling, and Rigan called for help.

¶ 14 O'Shaughnessy put one handcuff on Harris and called for additional cars as he walked Harris over to defendant's car. O'Shaughnessy had Harris kneel down by the driver's side door of defendant's car. Defendant was in the driver's seat, still had his seat belt on, and yelled, “I...