People v. Charles

• Citation: 606 N.E.2d 603,179 Ill.Dec. 771,238 Ill.App.3d 752
• Decision Date: 30 November 1992
• Docket Number: No. 1-87-3614,1-87-3614
• Parties: , 179 Ill.Dec. 771 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James CHARLES, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 603

606 N.E.2d 603

238 Ill.App.3d 752, 179 Ill.Dec. 771

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James CHARLES, Defendant-Appellant.

No. 1-87-3614.

Appellate Court of Illinois First District, Fifth Division.

Nov. 30, 1992.

Public Defender of Cook County, Chicago, Evelyn G. Baniewicz, for defendant-appellant.

State's Atty. of Cook County, Chicago, Renee Goldfarb, David Stabrawa, for plaintiff-appellee.

Justice GORDON delivered the opinion of the court:

A jury found defendant James Charles guilty of the attempt armed robbery and the murder of Willie Rodgers, and the armed robbery of DeWanda Rodgers. The trial court sentenced defendant to concurrent prison terms of 60 years for murder Prior to trial, defendant filed a motion in limine to bar the admission of evidence concerning a charge of attempt murder pending against defendant. The court denied the motion.

[179 Ill.Dec. 773] 30 years for armed robbery and 15 years for attempt armed robbery. On appeal, defendant contends that the trial court erred in denying his motion in limine to exclude evidence of a pending attempt murder charge; that the State exercised its peremptory challenges in a discriminatory manner; that prosecutorial closing argument shifted the burden of proof; and that the sentence is excessive.

During voir dire the State exercised seven out of 11 peremptory challenges against black individuals. Defendant moved for a mistrial based on discriminatory use of peremptory challenges, and the court denied the motion. The trial court considered the prosecutor's reasons for excluding six of the seven prospective black jurors; the prosecutor could not remember the reason for excluding the seventh venireperson. The court then denied defendant's motion.

At trial, DeWanda Rodgers, the victim's wife, testified for the State. On May 29, 1986, between 2:30 p.m. and 3 p.m., she was upstairs at her mother's home in Chicago with her sister, Edwina Cummings and their children. DeWanda's husband, Willie Rodgers, was downstairs. She heard fighting downstairs, and heard Willie calling for help from Edwina. DeWanda went downstairs, where she saw Willie holding defendant by the wrists. DeWanda did not know defendant, but knew that Willie's cousin was married to defendant's sister. Defendant was holding a small handgun and a shotgun, and was demanding $105 from Willie. As DeWanda entered the room, the two men separated. Defendant sat down in a chair. Willie stepped through the room's doorway and picked up his wallet.

DeWanda testified further that Willie returned through the doorway, stood about six feet from defendant, and told defendant, "You move your m--- f--- feet" off the chair. Defendant "sat up and pulled the [shot]gun and shot" Willie. Defendant stood up, pointed the shotgun at DeWanda and demanded money. DeWanda picked up Willie's wallet and handed defendant the $32 that was in the wallet. Willie died at the hospital at 7:30 p.m. that evening. DeWanda denied later telling Willie's cousin that defendant only fired after Willie slapped his feet off the table.

Edwina Cummings testified similarly to DeWanda Rodgers. Cummings added that she knew defendant because defendant's sister was married to Willie's cousin. While the two men were arguing, Cummings telephoned the police. After defendant shot Willie, Cummings saw defendant leave in a blue car with a sunroof. When the police arrived, she gave them defendant's name, a description of defendant, and a description of his car. At a subsequent line-up which included defendant, Cummings did not identify him as the assailant because she was "shaken up" and "scared."

James Sanford, a salesman for Midwest Appliances, testified for the State that on May 24, 1986, he sold a stove and refrigerator to defendant. On May 29, 1986, defendant entered the store between 2 p.m. and 2:30 p.m., carrying a shotgun. As he stood about 15 feet from Sanford, defendant raised the gun and shot Sanford in the stomach.

Officer Willie Anderson testified that on May 29, 1986, at 2:30 p.m., he and his partner responded to a radio call of shots fired at the appliance store. At the store, defendant was named as the assailant, and the police were given defendant's receipt for the appliances he had purchased. The receipt showed defendant's name and address. While proceeding to that address, 10 to 15 minutes after they received the Sanford shooting report, the officers heard a radio report of the Rodgers shooting. The officers stopped at the Rodgers home, where they received a description of defendant, and of his blue Thunderbird. The police immediately proceeded to defendant's home, where they arrested defendant when he drove up in the Thunderbird. A search revealed a revolver and a live 12-gauge shotgun shell.

Dr. Shaku Teas, a medical examiner, testified for the State that she performed an autopsy on the decedent. The cause of death was a shotgun wound to the abdomen. The gun was fired at "fairly close range," somewhere between a few inches and ten feet. There was also an abrasion near decedent's left eyelid and a bruise on the lower lip with a cut on the inside of the lip. These injuries were consistent with blunt trauma which might have occurred during a fight, or from falling.

Officer Robert Smuda testified for the State that he was an evidence technician and that on May 29, 1986, he photographed the murder scene at the Rodgers home. Later, he was at the appliance store where he recovered a fired shotgun shell. He later performed a gunshot residue test on the shell.

Officer Raymond Lenz testified for the State that he was a crime laboratory technician. He performed a gunshot residue test on a shell, and the test was positive.

Daniel Friel, an assistant public defender, testified for the defense that in investigating the case in April 1987 he spoke with DeWanda Rodgers. DeWanda told him the fight between defendant and Willie lasted approximately 5 to 10 minutes.

Tyra Rodgers, Willie's second cousin, testified for defendant that he has known defendant for 10 or 12 years. Defendant and Willie had a "drug related" relationship. About six months before the shooting, defendant began giving Willie drugs to sell. On May 29, 1986, at the hospital where Willie had been taken, Tyra heard DeWanda say that Willie was shot after he approached defendant and slapped his feet off a table.

James Schreiner, a Chicago police officer, testified for the defense that he interviewed DeWanda on the night of the murder. DeWanda told him the argument between the decedent and defendant was about "$105 that was--had something to do with the sale of leaf."

OPINION

Defendant contends that the prosecution exercised its peremptory challenges in a discriminatory manner in violation of Batson v. Kentucky (1986), 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69. Under Batson, the defendant must first state a prima facie case of purposeful discrimination. Once a prima facie case of discrimination has been established, the State then bears the burden of coming forward with its race-neutral explanations for the challenges. (Batson, 476 U.S. at 93-98, 106 S.Ct. at 1721-24, 90 L.Ed.2d 69.) The trial court must then make "a sincere and reasoned attempt to evaluate the prosecutor's explanation in light of the circumstances of the case." People v. Fuentes, (1991), 54 Cal.3d 707, 718, 818 P.2d 75, 81, 286 Cal.Rptr. 792, 798.

The trial court here did not make a finding regarding defendant's prima facie case; instead, it requested an explanation from the State for its reasons for the exclusions. However, once the State offers its reasons, the question of a prima facie case becomes moot. See Hernandez v. New York (1991) 500 U.S. 352, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395; People v. Walls (1991), 220 Ill.App.3d 564, 163 Ill.Dec. 313, 581 N.E.2d 264.

Moreover, the prima facie case can be established by showing that defendant belongs to a cognizable racial group; the State excused venirepersons of that race; and any other relevant circumstances. (Batson, 476 U.S. at 93-96, 106 S.Ct. at 1721-23, 90 L.Ed.2d 69.) Other relevant circumstances include whether there is a pattern of strikes; whether the group of venirepersons is otherwise heterogeneous, sharing race as their only common characteristic; and the prosecutor's statements during voir dire. Batson, 476 U.S. at 96-97, 106 S.Ct. at 1723, 90 L.Ed.2d at 88; People v. McDonald (1988), 125 Ill.2d 182, 196, 125 Ill.Dec. 781, 530 N.E.2d 1351.

In the present case, defendant is black. The final jury included four blacks, two Hispanics, along with one black alternate and one Asian alternate. While four black jurors were seated, this is not determinative, since a "single invidiously discriminatory governmental act" is sufficient to require a new trial. Batson, 476 U.S. at 95, 106 S.Ct. at 1722, 90 L.Ed.2d 69; see also People v. McDonald, 125 Ill.2d at 200, 125 Ill.Dec. 781, 530 N.E.2d 1351.

The State exercised 11 of its 14 peremptory challenges, seven of which were used to exclude black persons, and four of which were exercised against non-blacks. See People v. Lockhart (1990), 201 Ill.App.3d 700, 710-11, 146 Ill.Dec. 1011, 558 N.E.2d 1345 (5 out of 8 challenges exercised against blacks); People v. Colley (1988), 173 Ill.App.3d 798, 806-07, 123 Ill.Dec. 678, 528 N.E.2d 223 (4 out of 8 challenges exercised against blacks); People v. Seals (1987), 153 Ill.App.3d 417, 422, 106 Ill.Dec. 316, 505 N.E.2d 1107 (6 out of 10 challenges exercised against blacks).

In addition, the excluded black persons comprised a heterogeneous group. Their occupations varied, including a state inspector, a shipping and receiving clerk, a full-time student, several office workers and unemployed persons. Some of the venirepersons had grown children, some had school-age children, and some had no children.

We also note the prosecutor referred to one black venireperson, Mr. Zebedee M. Braithwaite, as "Zippodee Dooda."

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