People v. Hampton

• Decision Date: 05 December 2008
• Docket Number: No. 1-06-3495.,1-06-3495.
• Citation: 899 N.E.2d 532
• Parties: The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Wade HAMPTON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

899 N.E.2d 532

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Wade HAMPTON, Defendant-Appellant.

No. 1-06-3495.

Appellate Court of Illinois, First District, Sixth Division.

December 5, 2008.

Richard A. Devine, State's Attorney of Cook County, Chicago, IL (James Fitzgerald and Eve Reilly, Asst. State's Attorneys, of Counsel), for Plaintiff-Appellee.

Patricia Unsinn, Deputy Defender of Cook County, Chicago, IL (Katherine M. Donahoe, Asst. Appellate Defender, of counsel), for Defendant-Appellant.

Justice McBRIDE delivered the opinion of the court:

In 2004, defendant Wade Hampton was arrested and charged with the 1993 shooting death of Terrance McKinney. Following a jury trial, defendant was found guilty of first degree murder. The trial court subsequently sentenced defendant to 28 years in prison.

Defendant appeals, arguing that: (1) he was deprived of his constitutional right to cross-examine one of the State's witnesses who testified that he was unable to remember the events surrounding the shooting and the trial court then allowed the admission of the witness's prior testimony from a codefendant's trial; and (2) the prosecutor's comments in closing and rebuttal arguments exceeded the bounds of fairness and impartiality and denied defendant a fair trial.

The following evidence was admitted at defendant's June 2006 trial.

Demetrius Foster testified that in July 1993, he was friends with Terrance McKinney. They had known each other since high school. On the night of July 17, 1993, he met some friends, including McKinney, at Union Hall, located at 9340 South Chicago, for a reggae party.

At around 2:30 a.m., Foster saw McKinney talking to a man he did not know. Foster estimated he was 20 to 25 feet away from McKinney at this time. He said the men talked for about five to six minutes. One man went outside and McKinney turned to Foster and asked Foster to get someone. McKinney then went outside. Foster identified defendant as the man he saw talking to McKinney. Foster went outside about two to three minutes after McKinney.

When Foster went outside, McKinney was standing a little in front of him. Then, Foster saw a red car pull up and defendant went to the car. Defendant turned around and shot McKinney. Foster was about 25 to 30 feet away at this point. Foster saw McKinney get shot in the stomach. McKinney then turned to take cover between cars and defendant walked toward him. Foster stated that defendant fired the gun five or six times. Foster testified that he made eye contact with defendant and then he "dove" for cover between some cars. The shots went over his head. After he took cover, Foster "heard the wheels go." He got up and saw McKinney on the ground.

Later at the hospital, Foster spoke with the police. He was shown pictures and he identified defendant and the driver of the red car. In August 1993, Foster viewed a lineup and identified the driver of the red car.

On cross-examination, Foster stated that he testified at the trial for Dwight Ramsay, the driver of the red car. He admitted he knew William Lockwood, one of the bouncers at Union Hall, but he was not a personal friend. He does not remember if he talked to Lockwood right before the shooting, but he seemed to remember talking to him at some point. He denied that Lockwood had to break up the conversation between McKinney and defendant. He admitted that he might have testified at Ramsay's trial that he went outside seconds after McKinney. Foster said that he had a few beers that night, but denied that had been getting drunk at home before going out. However, he admitted that he had testified at Ramsay's trial that he had been home getting drunk. Foster did not recall describing the shooter to the police as 5 feet 6 inches tall, 145 pounds with a medium complexion.

Dr. Edmund Donoghue testified that he is employed by the office of medical examiner of Cook County. He stated that McKinney was shot three times; once in the abdomen and twice in his left leg. He said there was no evidence of close-range firing. He concluded that the cause of death was multiple gunshot wounds and the manner of death was homicide.

William Lockwood testified that in July 1993, he was employed as a bouncer for Union Hall, a reggae club. Lockwood stated that all he could remember about the night of July 17, 1993, was that someone got shot and a red car was involved. When asked questions about the details of the shooting and any identifications he made, he testified that he could not recall. Lockwood also said that he did not remember testifying in the 1995 trial for codefendant Ramsay. The prosecutor went through Lockwood's prior testimony and asked him if he recalled the questions asked and the answers given. Other than questions about his employment and the color of the car involved, Lockwood indicated that he did not remember. Lockwood testified that he "had major reconstructive surgery and [his] memory [was] not what it used to be." On cross-examination, Lockwood explained that he had been in a car accident and now has a steel jaw. When asked if this accident effected his memory, Lockwood answered that "it's kind of sketchy." Lockwood continued to answer that he did not recall the circumstances of the shooting and said he did not recognize defendant.

Sergeant Charles Popelarz testified that in July 1993, he was a detective with the Chicago police department and was assigned to investigate McKinney's homicide. He interviewed both Foster and Lockwood and assembled a photo lineup for them. Popelarz stated that Foster identified defendant as the shooter and codefendant Ramsay as the driver of the red car. Lockwood viewed the pictures separately and he also identified defendant as the shooter and Ramsay as the driver. In August 1993, Popelarz was informed by the state police in Ohio that Ramsay was in custody. Ramsey was subsequently extradited to Chicago. Later, a lineup was conducted and Foster identified Ramsay in the lineup.

On cross-examination, defendant's attorney asked Popelarz about his initial interview of Foster and Popelarz's report of that interview. Popelarz said that Foster told him that the offender was the passenger in the red car when it pulled up in front of the club. The offender then got out of the car and started firing at McKinney. Popelarz did not recall being told by Foster that the offender pointed a gun at him and they made eye contact.

Codefendant Dwight Ramsay testified for the State and admitted that he was convicted in 1995 for McKinney's murder and received a 20-year sentence. At the time of trial, Ramsay had completed his time for McKinney's murder, but was serving time for a conviction for contraband in a penal institution. Ramsay knew defendant "from a friend of a friend." In 1993, he had known defendant for about a year and a half. Ramsay identified defendant in court.

Ramsay stated that on July 17, 1993, he went to a reggae party at 93rd and South Chicago with defendant. The men took his car, which was a 1987 red Sterling. Ramsay said that he brought a gun with him to the party and he believed that defendant had one too. At around 2:30 a.m., Ramsay saw defendant talking to McKinney, whom he had seen on one prior occasion. Ramsay thought something was going on because McKinney had "aggressive" body language. Eventually, defendant came over to Ramsay and told him to leave first and defendant would follow. Ramsay exited the club and went to his car. He pulled the car onto the street and saw defendant in a conversation with McKinney. Ramsay stated that he opened the passenger door and shouted for defendant "to come on."

Defendant came over to the car and then turned around and fired on McKinney. Ramsay testified that defendant got the gun from his waist. Ramsay said that McKinney was a few feet from defendant when the shooting started. McKinney tried to take cover behind some cars while defendant chased him and continued shooting. After the shooting, defendant got in the passenger seat of Ramsay's car and Ramsay drove off.

After the shooting, Ramsay and defendant decided to go to New York to lay low. On the way to New York, they were in a car accident in Ohio. Ramsay showed the Ohio police an identification with a fake name on it and was arrested under that name. Defendant left the area. When Ramsay posted bond, he tried to retrieve his car, but was unable to do so. He then flew to New York and met up with defendant. He stayed there for about two weeks. On his way back to Chicago, Ramsay again tried to retrieve his car in Ohio, but he was arrested by the Ohio police and later brought back to Chicago. Ramsay denied being offered any promises in exchange for his testimony.

On cross-examination, Ramsay testified that he had someone else bring his gun into the club. He said that when he pulled up in his car, he called for defendant to "come on," and opened the door hoping that defendant would get in the car. Ramsay also stated that the first time he was approached by the State to testify, he declined. Later, Ramsay contacted the State and offered to help. Ramsay admitted that he had immigration problems because he is a Jamaican citizen. He did not want to be sent back "as a convict being shackled." He testified that the State offered to write a letter saying that Ramsay testified in defendant's case.

Detective John Campbell testified that he is employed by the Chicago police department and assigned to the cold case homicide squad. In 2004, Campbell was assigned to the fugitive apprehension section. In April 2004, defendant was taken into custody in Oakland, California, and Campbell went there to bring him back to Chicago. Campbell identified defendant in court. Campbell stated that at the time of his arrest, defendant had an Illinois State identification card bearing his picture under the name of Kevin King.

Campbell flew back to Chicago with defendant. During the flight and after having been given his Miranda...