People v. Flippo

• Decision Date: 14 June 1973
• Docket Number: No. 72--8,72--8
• Citation: 12 Ill.App.3d 774,301 N.E.2d 477
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bill FLIPPO, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 477

301 N.E.2d 477

12 Ill.App.3d 774

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bill FLIPPO, Defendant-Appellant.

No. 72--8.

Appellate Court of Illinois, Third District.

June 14, 1973.

James Geis, Ill. Defender Project, Ottawa, for defendant-appellant.

William Schick, Asst. State's Atty., Rock Island, for plaintiff-appellee.

DIXON, Justice:

Defendant Bill Flippo was charged in the circuit court of Rock Island County with unlawful sale of heroin. Following a bench trial, he was found guilty and sentenced to a term of not less than 3 nor more than 10 years in the Illinois State Penitentiary. Defendant contends that his constitutional rights to due process and to confrontation of witnesses against him were violated by the court's refusal to allow discovery of the true identity of the informer who set up, participated in, and witnessed the alleged offense.

Illinois Bureau of Investigation agent Pavichevich testified that both he and 'Joe McDonald', following a prearranged plan to purchase heroin from Bill Flippo, went to a residence in Moline, Illinois. After they entered the home, Pavichevich remained in the living room while 'McDonald' went into the kitchen area. Moments later, McDonald called Pavichevich into the kitchen and introduced him to defendant, Bill Flippo. After a 10 to 15 minute interruption, Flippo exhibited a tinfoil packet and when Pavichevich inquired how much it would be, defendant replied that it was $100. The sale from Flippo to the agent was then completed. The Illinois Bureau of Investigation Crime Laboratory analysts who testified, established that the substance was heroin.

Defendant testified that prior to the time he was jailed for the current offense, he was a heroin addict. He said that he was at the house on February 8, 1971, the date of the alleged sale, and that the agent's testimony was true in stating that there was a girl with long blond hair watching television at the house, and that a Kenny Vogelbaugh had become sick from an overdose of narcotics. Defendant testified, however, that he did not sell drugs to Pavichevich that night. Special agent Erdman had maintained a surveillance of the residence and had observed Pavichevich and Joe McDonald approach the house at approximately 8:05 P.M. and leave at approximately 8:40 P.M. While Pavichevich and McDonald were at the house, there were 6 or 7 persons present. One individual was sitting with a needle inserted in his arm (Kenny Vogelbaugh), who later became sick from an overdose and was taken outside to recuperate. Pavichevich also testified directly that he counted out the $100 and handed it to Flippo, and that Flippo handed the agent Pavichevich the tinfoil packet. As the agent and McDonald were leaving, Pavichevich said that Flippo warned them to be careful of teh stuff, that it was pretty potent and might kill them. The trial court found Flippo guilty.

Prior to the trial, defendant moved for the names and addresses of all persons who were present at the time of the purported sale of heroin. The...