People v. Csaszar
| Citation | 874 N.E.2d 255 |
| Decision Date | 23 August 2007 |
| Docket Number | No. 1-05-1087.,1-05-1087. |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Martin CSASZAR, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Michael J. Pelletier, Deputy Defender, Office of State Appellate Defender, Chicago (Anne E. Carlson, of counsel), for Defendant-Appellant.
Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Hareena Meghani-Wakely, Joan F. Frazier, of counsel), for Plaintiff-Appellee.
After a jury trial in April 2001, the defendant, Martin Csaszar, was convicted of solicitation of murder for hire and two counts of solicitation of murder, but he was acquitted of one count of solicitation of murder for hire. Following a hearing on his motion for a new trial, the trial court granted Csaszar a new trial. At the conclusion of his second trial in 2004, Csaszar was convicted of one count of solicitation of murder for hire and two counts of solicitation of murder. The trial court sentenced Csaszar to a term of 30 years of imprisonment for the solicitation of murder for hire conviction, and to two 20-year terms of imprisonment for his solicitation of murder convictions, with the sentences running concurrently. On appeal, Csaszar presents four issues for our review: (1) whether the trial court erred when, after performing an in camera inspection of the State's informant documents, it decided not to disclose the redacted portions of the documents to the defense; (2) whether the trial judge's comments reflect that she considered inapplicable aggravating factors, such that he is entitled to a new sentencing hearing; (3) whether one of his convictions for solicitation of murder must be vacated because it violates the one-act, one-crime doctrine; and (4) whether the compulsory extraction of his blood and the perpetual storing of his DNA profile, pursuant to 730 ILCS 5/5-4-3, violates his Fourth Amendment right to be free from unreasonable searches and seizures.
Martin Csaszar was charged by indictment with two counts of solicitation of murder for hire (720 ILCS 5/8-1.2) and two counts of solicitation of murder (720 ILCS 5/8-1.1) for allegedly soliciting an undercover Alcohol, Tobacco and Firearms ("ATF") agent named Mark Shaffer and an ATF confidential informant named James Anderson to kill Csaszar's former employer, Monica Crisan. Prior to and during Csaszar's jury trial, it was disclosed that Anderson, who was one of the State's principal witnesses, had been paid approximately $500 by ATF for his services in Csaszar's case. On April 2, 2001, the jury found Csaszar guilty of the solicitation of murder for hire with respect to Agent Shaffer but acquitted him on the corresponding count with respect to Anderson. Csaszar was found guilty of solicitation of murder with respect to both Agent Shaffer and Anderson. Following the jury's finding of guilt, Csaszar retained new counsel to litigate his motion for a new trial. After discovery and an evidentiary hearing, the trial judge ordered a new trial based on the State's failure to disclose to the defense the full extent of the ATF's financial dealings with James Anderson in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
Prior to the second trial, Csaszar's counsel issued a subpoena duces tecum to the ATF on September 21, 2001, and requested those documents that were concerned with the ATF's association with James Anderson. The ATF responded to the subpoena by tendering a copy of Anderson's contract, a list of payments made to Anderson, and a number of other documents, all of which had been redacted with the exception of the contract. Defense counsel objected to the redactions, and the trial court reviewed the unredacted documents in camera on November 9, 2001. After inspecting the documents, the court concluded that none of the redacted information would aid defense counsel in defending their client, and that counsel already had all the relevant, material information contained in the documents. The court further stated that the redacted information concerned whether the information Anderson provided would be used by the ATF or concerned Anderson's involvement in cases that were not related to Csaszar's case. The court declined to order the ATF to tender the unredacted documents to defense counsel.
Before the start of the new trial, the ATF tendered additional, previously undisclosed documents to defense counsel pertaining to their dealings with Anderson. Those documents also contained redactions. The court conducted a second in camera inspection with respect to the second set of redacted documents and, after reviewing them, turned over some, but not all of the documents without redactions.
On July 12, 2004, Csaszar's second trial began. Below is a summary of the testimony that is relevant to the issues presented in this appeal.
Monica Crisan testified that she and her husband owned a trucking company, Livdimon Enterprise Corporation. She stated that she knew Csaszar because he worked for her uncle as a truck driver. Crisan testified that Csaszar was dissatisfied working for her uncle, and when she learned about this, she offered him a job working for her. Csaszar accepted the job offer. Crisan stated that in April of 1998, Csaszar quit his job with the Crisans because he wanted to go into business with his father. After quitting his job, Csaszar arranged to pick up his final paycheck two weeks later at Crisan's house. Crisan testified that prior to Csaszar's collecting his check, her husband told him to expect a deduction for some damage to one of the trucks. Crisan testified that Csaszar indicated that the deduction was fine with him.
Crisan testified that on May 3, 1998, Csaszar went to her home to pick up his paycheck and he was let into the kitchen where her daughter was eating. Crisan testified that when she asked Csaszar to sit down, he complied but shoved the table roughly as he did so. Crisan told her daughter to finish eating in the living room. According to Crisan, when she explained to Csaszar that his final paycheck would include three deductions — for a cash advance, for a workman's compensation claim, and for damage to a truck — he became very upset, said he needed more money, pulled out a small gun, and pointed it at her. Crisan testified that after hearing a click and seeing Csaszar pull the trigger, she became scared and looked for the phone. Crisan testified that Csaszar told her that she would be dead by the time police arrived. Crisan testified that Csaszar then heard some noise coming from the porch stairs and ran out of the house. Crisan testified that she reported the incident to police and eventually learned that Csaszar had been arrested.
On May 5, 1998, Csaszar was arrested and charged with aggravated assault and carrying/possessing a firearm in connection with the offense. Crisan was notified by mail that she would be a witness in the case, and she went to court on several occasions where she saw Csaszar. On the next scheduled court date, December 17, 1999, police informed her that Csaszar had tried to hire someone to kill her.
James Anderson testified that he was a 74-year-old musician and was the former Superintendent of the Chicago Housing Authority. He had worked as a confidential informant for the ATF for approximately 20 years. He also worked as a security guard at Jakacki Bag and Barrel, a company on the west side of Chicago. Anderson testified that in January 1999, he met Csaszar who also worked at Jakacki as a truck driver. Anderson stated that in the summer of 1999, Csaszar began talking to him about Crisan and told him that she owed him a lot of money. Anderson later testified that Csaszar first spoke to him about Crisan in late November 1999. According to Anderson, Csaszar spoke about Crisan for two or three months but it became worse in November and December of 1999. Anderson testified that Csaszar told him that every day that he wanted Crisan killed because she owed him money, because she was trying to put him in jail, and because he feared going to jail if she testified. Anderson testified that Csaszar asked him to kill Crisan. Anderson testified that he refused. Anderson testified that he told Csaszar that he did not kill people and that it was "not his cup of tea." Anderson stated that Csaszar told him to find someone who would kill Crisan and he would pay $500.00.
Anderson testified that on December 15, 1999, Csaszar gave him a piece of paper with a hand-drawn map on one side and on the other side Crisan's name, address, and phone number. At 6:45 p.m., on December 15, 1999, Anderson received a page from Csaszar who was in Ohio. Anderson testified that later that evening, Anderson called ATF Agent Steven Brezette, who he had worked with for five or six years. Anderson testified that he reported Csaszar's desire to have Crisan killed once he realized Csaszar was serious. Anderson testified that the following morning, December 16, 1999, he and Brezette went to the Cook County State's Attorney's Office where a consensual overhear order was obtained. Later that day, Anderson spoke with Csaszar three times by phone, and each conversation was recorded. Following these conversations, Anderson and ATF Agent Mark Shaffer, who was posing as a hit man, drove to Jakacki Bag and Barrel to meet Csaszar. Anderson testified that once they arrived, Csaszar got into the car with him and Agent Shaffer and the three men's conversation was recorded on audio and video tape.
Anderson acknowledged that between 1991 and 2002, he had been paid $17,180.00 in cash by the ATF and that he received $4,025.00 in connection with the Csaszar case, including a $3,500 reward. Anderson also testified that he received rewards from ATF in ...
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