People v. Harris

• Decision Date: 01 February 2007
• Docket Number: No. 98942.,98942.
• Citation: 866 N.E.2d 162,225 Ill. 2d 1
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Ricardo HARRIS, Appellant.
• Court: Illinois Supreme Court

866 N.E.2d 162

225 Ill.2d 1

The PEOPLE of the State of Illinois, Appellee, v.Ricardo HARRIS, Appellant.

No. 98942.

Supreme Court of Illinois.

February 1, 2007.

Rehearing Denied March 26, 2007.

Charles M. Schiedel, Deputy Defender, Allen H. Andrews, Assistant Defender, Office of the State Appellate Defender, Springfield, for appellant.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (James E. Fitzgerald, Sally L. Dilgart, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice BURKEdelivered the judgment of the court, with opinion:

Following a jury trial in the circuit court of Cook County, the defendant, Ricardo Harris, was convicted of the first degree murders of Dipak Patel and Ambalal Patel, the attempted first degree murder and aggravated battery of Christina Chisnick, and the aggravated battery of Helen Chisnick.At a separate sentencing hearing, the same jury found defendant eligible for the death penalty for having murdered two or more individuals.The jury also concluded, after weighing the factors in aggravation and mitigation, that death was the appropriate sentence.Defendant was sentenced to death for the murders of Dipak and Ambalal Patel and to consecutive 30-year terms of imprisonment for the attempted murder of Christina Chisnick and the aggravated battery of Helen Chisnick.Defendant's death sentence has been stayed pending direct review by this court.Ill. Const.1970, art. VI, § 4(b);134 Ill.2d Rs. 603, 609(a).For the reasons that follow, we affirm defendant's convictions and sentences.

Background

Evidence at trial established the following.On May 13, 1999, at approximately 7:25 p.m., the Oak Lawn police department received a report of a shooting at the Extra Value liquor store on Cicero Avenue in Oak Lawn, Illinois.A dispatch was sent out and police officers proceeded to the store.Once inside, the officers discovered that four persons had been shot.Dipak Patel, the store manager, was found lying on the floor, bleeding and struggling to get up.He had been shot once in the back.Christina Chisnick, a customer in the store at the time of the shooting, was found lying on her back in a store aisle.She had been shot twice, once in the abdomen and once in the groin.Christina's sister, Helen Chisnick, was kneeling over Christina, applying pressure to her wounds.Helen had been shot once in the abdomen.In the rear of the store, the officers discovered another employee, Ambalal Patel, seated on the floor and leaning against some shelves.He had been shot once in the chest.

The police officers called for medical help and secured the store.Paramedics arrived and transported the four victims of the shootings to the hospital.Both Dipak and Ambalal died from their wounds.Christina and Helen survived.

At trial, Christina testified about the events that took place on May 13, 1999.Christina stated that she and her sister drove to the Extra Value liquor store at approximately 7:15 p.m.When they arrived, no other cars were in the store's parking lot.As the two sisters entered the store, Dipak Patel was standing behind the front counter, talking with Ambalal Patel.No other customers or employees were present.The sisters looked at various items, then moved toward the back of the store, where there was an aisle of refrigerated coolers containing cases of beer.Ambalal approached the women and spoke with them for a few moments.Christina then opened the door to one of the coolers, removed a case of beer, and turned.

Christina testified that, as she turned, she saw an African-American man, whom she identified in court as defendant, and Dipak walking toward the back of the store at the end of the cooler aisle.Defendant was about a foot and a half behind Dipak and was holding a gun.Christina stated that, as the two men were walking, defendant shot Dipak in the back.Defendant then turned and fired once in the direction of Ambalal, who was standing behind Christina.Defendant then shot Christina twice.Christina testified that the force of the second shot spun her around.As she turned, she saw Ambalal, halfway into a shelf, his chest covered with blood.Christina then fell to the ground.

Helen Chisnick offered testimony similar to Christina's.Helen stated that, at the time of the shootings, she was standing in the cooler aisle, facing Christina.As Christina removed the beer from the cooler, Helen heard a gunshot, and immediately saw that Ambalal had been shot.Helen looked at Christina and watched as she was shot and fell to the floor.Helen then turned to look in the direction from which the shots were fired and saw a man, whom she identified in court as defendant, standing about five feet from her.Helen also saw Dipak lying on the floor and knew that he had been shot.Helen stated that she looked defendant"right in the face," looked at him "up and down," and saw that he was holding a gun in his right hand.Helen testified that she looked at defendant for approximately five seconds.Defendant then shot her.Helen testified that she threw her purse across the aisle and fell to the floor, where she pretended to be dead.

Helen stated that, after a few seconds, she saw her sister's leg move.Helen whispered to Christina to stop moving because the gunman might still be in the store.A few more seconds passed, and Helen and Christina both stood up.Helen stated that she walked toward the front of the store, saw a young blond woman at the front counter, and told her to phone the police.Helen then returned to her sister.Christina said she was growing weak and lay down on the floor.Helen knelt over Christina, applied pressure to her wounds, and began praying.Police and paramedics arrived and both women were taken to the hospital.

Both Christina and Helen testified that they did not see defendant enter or leave the store.The sisters agreed that defendant shot Dipak first, followed by Ambalal then Christina and, finally, Helen.Both women also testified that defendant never spoke during the shootings.As Christina stated, "He just came in and shot us."

Oak Lawn Police Detective Michael Murray briefly interviewed Helen in the hospital emergency room during the evening of May 13, 1999.Both Helen and Murray testified that Helen was being treated for her injuries at the time, that medical personnel were moving around her, and that Murray stood off to one side.Helen testified she told Murray that the person who shot her was a black male, 5 feet 11 inches tall, that he weighed 170 pounds, and that he was wearing black pants, black shoes, and a black, long-sleeved shirt or jacket.In his testimony, Murray recalled Helen describing the offender as 5 feet 7 inches tall.

Murray interviewed Helen in the hospital at greater length the next day and, with Helen's assistance, prepared a composite sketch of the gunman.Both Helen and Murray agreed that, during this second interview on May 14, 1999, Helen described the gunman as 5 feet 11 inches, 170 pounds, and between the ages of 35 and 40.At the time of trial, approximately five years after the murders, defendant was 6 feet 0 inches tall and weighed 185 pounds.

On May 15, 1999, Murray and a second detective visited Helen in her home and showed her a photo array containing six pictures, including one of defendant.Helen selected defendant's photograph because, as she stated, "that is who shot me."On cross-examination, Helen acknowledged that she told the officers she was 70% certain about her selection.However, she explained her answer by stating that she wanted to see the man in the photograph in person and that "it wasn't a picture that shot me.It was a real person that shot me."After Helen selected defendant's photograph from the photo array, she signed and dated it.

On August 7, 1999, Helen viewed a lineup at the Oak Lawn police station.Helen acknowledged that, by this time, she had twice seen television programs about the shooting at the liquor store.She stated, however, that the television programs did not influence her viewing of the lineup.At the lineup, the police officers told Helen that after she looked at each person she could ask to see anyone a second time.The men stood in a line and approached the viewing window individually.Helen testified that, after viewing all the men, she knew that the first person in the lineup, defendant, was the one who had shot her.She stated that she asked to have defendant step forward a second time so that he would know she had identified him.Then, according to an officer present during the lineup, Helen said, "I think it's number one."However, Helen testified that she told the police officers "it is number one."She also told the jury that she"picked him because that's who shot me" and that she was "positive"defendant was the man who shot her.

Christina also testified regarding interviews she had with the police.Christina stated that she briefly spoke to a uniformed officer in the emergency room on May 13, 1999, before undergoing surgery.Christina testified that she told the officer that the gunman was 5 feet 9 inches and in his mid-thirties.She also stated that he wore a black shirt, black pants, and black shoes, and had short black hair in a natural, Afro hairstyle.

On May 23, 1999, Detective Murray visited Christina while she was still recovering in the hospital.Murray showed Christina an array of six photographs, including pictures of both defendant and his brother.Christina testified that, because of her medical condition, she had not seen any other pictures or media coverage related to the case before she was shown the photo array.Christina selected defendant's photograph.In his testimony, Detective Murray recalled Christina telling him during the interview on May 23 that she did not get a good look at the gunman's face but that she recognized the shape of defendant's head and his hairstyle.However, in...