People v. DeRossett

• Decision Date: 25 November 1992
• Docket Number: No. 4-92-0163,4-92-0163
• Citation: 604 N.E.2d 500,178 Ill.Dec. 244,237 Ill.App.3d 315
• Parties: , 178 Ill.Dec. 244 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William J. DeROSSETT, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 500

604 N.E.2d 500

237 Ill.App.3d 315, 178 Ill.Dec. 244

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William J. DeROSSETT, Defendant-Appellant.

No. 4-92-0163.

Appellate Court of Illinois Fourth District.

Nov. 25, 1992.

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Arden J. Lang, Asst. Defender, Springfield, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Denise M. Ambrose, Staff Atty., Springfield, for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

After a jury trial in Champaign County, defendant, William J. DeRossett, was found guilty of criminal trespass to real property. (Ill.Rev.Stat.1991, ch. 38, par. 21-3(a).) He was sentenced to 30 days' imprisonment in the Champaign County correctional center.

Defendant appeals from his conviction and sentence. He argues (1) he was not proved guilty beyond a reasonable doubt; (2) applying the law of criminal trespass to real property to his conduct violated his first and fourteenth amendment rights (U.S. Const., amends. I, XIV); and (3) he was denied his sixth amendment (U.S. Const., amend. VI) right to provide a defense by the trial judge's denial of his request for a continuance the day the trial began. Defendant also argues he was denied a fair trial because (4) the trial judge refused to order the recording of the voir dire proceedings; (5) the judge denied the parties an opportunity to present an opening statement; and (6) the judge improperly restricted his cross-examination of the State's two witnesses. Defendant also argues (7) the State's improper rebuttal argument requires reversal; (8) the jury instructions were fatally flawed because they did not include a mental state; and (9) the trial judge abused his discretion by allowing the jury to review only a portion of one State witness' testimony. Defendant finally argues (10) the trial judge imposed an excessive sentence.

We reverse defendant's conviction. The trial judge abused his discretion by denying the parties an opportunity to present opening statements. Prejudicial error also occurred when the trial judge, in response to inquiry by the jury, highlighted only a portion of a witness' testimony. We address additional issues raised by defendant only because they may arise during his retrial.

I. FACTS

On December 2, 1991, defendant was charged by information with criminal trespass to real property. (Ill.Rev.Stat.1991, ch. 38, par. 21-3(a).) It was alleged defendant knowingly entered a building of the Urbana police department after receiving, before he entered, notice from the occupant, Sergeant Michael R. Miller, that such entry was forbidden.

A. Pretrial Proceedings

Defendant was arraigned on December 2, 1991. Over his objection, the trial judge appointed an assistant public defender Jack Hildebrand to represent him. Defendant again objected to the appointment of counsel at a pretrial hearing on January 8, 1992. Before the trial began on January 14, Hildebrand sought to withdraw from the case so defendant could represent himself. The trial judge first determined the State had made a plea offer, which Hildebrand communicated to defendant, but defendant wanted to proceed to trial. Defendant again requested permission to represent himself. The trial judge acquiesced and permitted defendant to appear pro se while Hildebrand remained as standby counsel.

The judge announced voir dire proceedings would not be recorded. Defendant objected. He was then told his trial would begin in approximately two minutes. Defendant requested time to prepare his defense, explaining he had not prepared because he had consistently been told he could not represent himself. The trial judge denied his request for a continuance, noting the trial had been set for trial since December 2, 1991. The trial judge excused the court reporter and potential jurors were led into the courtroom. Defendant again objected to the voir dire not being recorded. The judge proceeded with voir dire.

After voir dire, the judge stated defendant had objected to jury selection and had requested each juror receive a copy of the constitution, the information, and the police reports. The judge noted for the record that he had conducted the voir dire and had excused two jurors at the request of defendant's standby counsel and an additional juror at the State's request. Defendant then interjected he had objected to three additional jurors. Over defendant's objection, the trial judge informed the jury he was not permitting counsel to make opening statements. The judge explained to the jury that defendant was representing himself. On two occasions during his opening remarks, the judge stated he did not know what would happen or how things would proceed.

B. Trial Testimony

The State presented two witnesses to the incident leading to the charge lodged against defendant. Sergeant Michael R. Miller, a shift commander, was in charge of the Urbana police station on November 30, 1991. Defendant entered the lobby at approximately 7:45 a.m. and summoned Miller by ringing a buzzer near the front-desk area. The station lobby was approximately 12 feet by 10 feet. A concrete block wall, a security door, and a bulletproof glass window separated the officer's front-desk area from the lobby area. The public had access to the lobby and communicated with the police through a small opening in the glass window.

When defendant approached, he was unkempt and smelled strongly of body odor, and had parked a shopping cart outside the front door. He informed Miller he had arrested Sergeant Metzler, the acting watch commander on the night shift, and had come to the station to place Metzler in custody. Metzler had previously told Miller earlier about his encounter with defendant.

Miller told defendant he could file a complaint if he felt Metzler had mistreated him. According to Miller, he also recommended defendant speak with the State's Attorney, whose office was in the courthouse, to see whether criminal charges against Metzler were warranted. Defendant told Miller he was under arrest for armed resistance. Miller stated he informed defendant at least 12 times what recourses were available to him. Miller explained Metzler was not present and the police could not help defendant. Defendant repeatedly summoned Miller to the front desk.

Miller obtained a complaint form and asked Officer Dean Yount to accompany him into the lobby. Miller handed defendant the complaint form and repeated several times to defendant what recourse he might take. Defendant stated Miller was not listening because he (defendant) was not leaving until he placed Metzler in custody. Miller stated defendant had no further legitimate business at the Urbana police station and repeatedly requested that defendant leave the building. Defendant refused to leave, stating he was not leaving without Metzler. Miller told defendant he was trespassing, took defendant's arm, and escorted him out the front door of the police station.

Once outside, Miller again told defendant how he could pursue his complaint against Metzler. Miller advised defendant if he returned to the station and "continued to disrupt the activity there," he would be arrested for criminal trespass. According to Miller, he spent 45 minutes reasoning with defendant before escorting him outside the station. When defendant followed Miller back into the building, defendant was arrested for trespassing.

Officer Yount testified that between 8 a.m. and 8:30 a.m. on November 14, Miller summoned him from patrol to return to the station. Miller asked Yount to accompany him into the lobby to confront defendant. Miller told defendant what options he could pursue regarding his complaint against Metzler. According to Yount's testimony on cross-examination, two to four minutes before defendant was escorted outside, Miller handed him the complaint form which he could file against Metzler. After defendant was escorted outside the station, Yount heard Miller tell defendant he was not allowed to reenter the station. Yount estimated he and Miller spent 20 minutes in the lobby with defendant before they escorted him from the building.

The trial judge denied defendant's request to impeach Yount with Miller's police report. Defendant and his standby counsel decided not to recall Miller. Standby counsel recommended defendant not testify. Defendant did not testify. He stated he had no time to prepare. The defense presented no testimony.

In closing argument, the State made the following comment: "[Defendant] does not have legitimate business there. Who knows what's next. Maybe if he doesn't like a cut of meat, he will go to the butcher [and] try and arrest the butcher and tie up their [sic] business." The trial judge overruled defendant's objection to these comments. The judge also overruled defendant's objection to the State's remark that if it were a supermarket and not a police station, the jury would have no difficulty overcoming the hurdle of finding someone guilty.

C. Jury Instructions and Jury's Inquiry

At the jury instruction conference, the court overruled defendant's general objection to each instruction tendered by the State. Defendant stated he had no time to prepare instructions.

During deliberation, the jury inquired in writing about the definition of a building and whether a porch and steps are parts of a building. It also asked if defendant had been forbidden to reenter only until he had legitimate business or if he had been permanently forbidden to reenter the police station. Finally, the jury inquired whether there was a specific time frame during which defendant could not reenter the station. Defendant and his standby counsel agreed the trial judge should not respond to the jury's questions. The prosecutor agreed as well. The judge instructed the jury...