People v. Goins

• Decision Date: 23 October 2013
• Docket Number: Docket No. 1–11–3201.
• Citation: People v. Goins, 2013 IL App (1st) 113201, 999 N.E.2d 18, 376 Ill.Dec. 375 (Ill. App. 2013)
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Tyrece GOINS, Defendant–Appellant.
• Court: Appellate Court of Illinois

2013 IL App (1st) 113201

999 N.E.2d 18

376 Ill.Dec. 375

The PEOPLE of the State of Illinois, Plaintiff–Appellee,

v.Tyrece GOINS, Defendant–Appellant.

Docket No. 1–11–3201.

Appellate Court of Illinois, First District, Third Division.

Oct. 23, 2013

Affirmed. Michael J. Pelletier and Kathleen A. Hill, both of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez, State's Attorney, of Chicago (William Toffenetti and Margaret Lustag, Assistant State's Attorneys, of counsel), for the People.

Presiding Justice HYMAN delivered the judgment of the court, with opinion. Justices Pucinski and Mason concurred in the judgment and opinion.

OPINION

¶ 1 A jury convicted defendant Tyrece Goins of aggravated battery of a child and acquitted him of attempted first degree murder. Goins was sentenced to 11 years in prison. Before trial, Goins filed a motion to suppress a statement made to a detective and an assistant State's Attorney during his interrogation. He contends that he had not “voluntarily, knowingly and intelligently” waived his Miranda rights before making the statement because his “mental, educational, emotional and/or psychological state, capacity and condition” prevented him from fully understanding those rights. After hearing testimony from three experts (one retained by the State and two by the defense), Goins' mother, Goins, and the detective and assistant State's Attorney who interrogated Goins, the trial court denied the motion, finding that Goins knowingly and intelligently waived his Miranda rights. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

¶ 2 The matter proceeded to a jury trial, where the State introduced Goins' statement as evidence. The State also presented testimony from the detective and assistant State's Attorney regarding their taking defendant's statement, testimony from Goins' mother concerning Goins' ability to care for his young son and to live independently despite his learning disabilities, and testimony from medical experts about the victim's injuries.

¶ 3 After trial, Goins sought a new trial, asserting that the trial court made several erroneous rulings, including: denying his motion to suppress his statement; limiting Goins' expert's testimony to matters relating to Goins' IQ score; and denying his motion for a mistrial when the State's witness made reference to a scar on the victim and the long-term effects of the victim's injuries. The motion for a new trial also alleged that the State made improper and inflammatory remarks during closing and rebuttal arguments. The trial court denied Goins' motion for a new trial.

¶ 4 In this appeal, Goins argues that the trial court erred in (1) denying the motion to suppress his statement where the evidence did not establish that he knowingly and intelligently waived his Miranda rights, owing to his limited mental capacity inhibiting full understanding of the meaning of his rights; (2) limiting his expert's testimony to information concerning Goins' IQ score; (3) denying his motion for a mistrial where the State's expert testified about a scar on the victim and the long-term effects of the victim's injuries; and (4) denying his motion for a new trial where the State made improper remarks during closing and rebuttal arguments. We disagree and affirm.

¶ 5 We find defendant voluntarily, knowingly, and intelligently waived his Miranda rights, where considering the totality of circumstances, including defendant's limited mental capacity, the trial court's finding on this issue was not against the manifest weight of the evidence. Also, we find the trial court properly limited defendant's expert testimony to factors relating to defendant's limited mental capacity and did not deprive defendant of a fair trial based on testimony by the State's expert witness or remarks by the prosecutor during closing and rebuttal arguments.

¶ 6 BACKGROUND

¶ 7 The Taking of the Statement

¶ 8 On January 28, 2008, the State charged Goins by indictment with attempted first degree murder and aggravated battery of a child stemming from injuries sustained by his two-year-old son, Wanya, on December 31, 2007. At the time of the incident, Goins believed that Wanya was his son from a previous relationship. (Later, Goins learned that he was not Wanya's biological father.) Wanya lived with Goins and his girlfriend, Alexandra Smith, in Springfield, Illinois, where Goins was enrolled in a GED program at Lincoln Land Community College.

¶ 9 In December 2007, Goins, Smith, and Wanya visited the Chicago area to celebrate the holidays. Smith returned to Springfield shortly after December 25, 2007; Goins and Wanya remained in Chicago. On December 31, Goins and Wanya were staying at the apartment of Goins' mother, Veronica Goins, and Goins' sister, Donna Goins. On that evening, Goins was home alone with Wanya.

¶ 10 On the morning of January 1, 2008, Goins' mother and sister returned home and noticed that something was wrong with Wanya. The child was moaning. His eyes were rolled into the back of his head. And he would not stand unassisted. Goins' mother called the paramedics and Wanya was taken to Comer Children's Hospital. Due to Wanya's young age, a child abuse team was assigned to evaluate his case and hospital staff contacted the police. The doctors determined Wanya suffered extensive injuries, including severe brain injury, hemorrhages in his brain and retinas, as well as bruises on his forehead and blood inside his ear canal. Wanya's injuries required putting a drain in his head to evacuate excess fluid and blood accumulating on his brain and a cervical collar to stabilize his neck. Also, Wanya was attached to IV tubes containing various medications to keep him stable and treat seizures.

¶ 11 On January 2, 2008, Chicago police detective David Matual interviewed Goins at the hospital. Goins told Detective Matual that at the time of the incident, he had gone to the washroom while Wanya played on the bed. When he returned from the washroom, Wanya had fallen off of the bed and was screaming. Goins did not immediately call 911, but his mother called an ambulance the following morning. Detective Matual informed Goins that he was under arrest and read Goins his Miranda rights. After Goins requested that an assistant State's Attorney (ASA) be present for the interview, Detective Matual brought ASA Marina Para into the interview room. ASA Para advised Goins of his Miranda rights, then transcribed a statement from Goins by hand on a preprinted form used for taking statements. The form contained a paragraph advising Goins of his Miranda rights. The handwritten statement summarized the events that took place on December 31, 2007, leading up to Wanya's injuries.

¶ 12 In the statement, Goins explained that on December 31, 2007, he and Wanya, whose nickname is “Tank,” were staying at his mother's apartment. Goins and Wanya were home alone. His mother was working and his sister went out with friends. At about 8 p.m., Goins and Wanya were watching television when Goins' father called on the landline telephone. Goins' father told Goins that his two-year-old brother passed away that day. Goins stated that the news made him “sad, upset, and frustrated so he threw the phone and it hit a chair and the back piece came off and he put it back on.” From that point on, Goins stated that the telephone cut in and out for the rest of the night.

¶ 13 Shortly before 9 p.m., Goins took Wanya upstairs to the bedroom to watch television while sitting on the bed. “Angry, upset, sad, crying, and frustrated,” with “no one home for him to talk to about how he felt,” Goins was “putting his fists on the side of his face and was moving his arms around and was acting more than just crazy because he was so upset.” Goins was “hollering” and used his right hand to hit Wanya's head “pretty hard” on the right side. Goins then saw Wanya's head hit the wall. Wanya fell backwards on the bed, and was “screaming very loudly and at a high pitch, which is not how he normally crie[d].” Goins observed that Wanya “was not the same as before [Goins] hit him.” Goins picked up Wanya and shook him to see what was wrong with him. Goins saw that Wanya's head was falling to the side and his eyes were rolling back in his head and would not stay open. Wanya could not stand on his own, and his arms were limp. Wanya also began vomiting repeatedly.

¶ 14 Goins said he “was feeling terrible because he had just hurt his son.” Goins then called his girlfriend in Springfield and told her that Wanya had fallen off the bed because he was afraid to tell the truth. While Goins was speaking with his girlfriend, the telephone cut out. Goins then called his mother and left her a message. When she returned his call, Goins told her that Wanya had fallen off the bed because he was also scared to tell her the truth. His mother advised Goins to try to keep Wanya awake, but Wanya could not keep his eyes open or his head up. Wanya continued to cry and scream all night. Goins “did not call the police or 911 all night because he was scared and he was the person who hit [Wanya].”

¶ 15 The next morning, around 10 or 11 a.m., Goins' mother arrived home. She tried to wake Wanya and called 911. Because he was still scared, Goins again told his mother that Wanya had fallen off the bed while he was in the washroom. The ambulance arrived and took Wanya to the hospital. Goins did not tell anyone what he did to Wanya until his statement to ASA Para.

¶ 16 On September 15, 2008, Goins filed an amended motion to suppress the statement he made to ASA Para. The motion alleged that Goins did not voluntarily, knowingly, and intelligently waive his Miranda rights where his mental deficiencies made him “incapable and unable to appreciate and understand the full meaning of his Miranda rights.”

¶ 17 Hearing on Motion to Suppress

¶ 18 On November 18, 2009, the trial court held a hearing on Goins' motion to...