People v. Holmes

• Decision Date: 08 September 1992
• Docket Number: No. 1-89-1593,1-89-1593
• Citation: 601 N.E.2d 985,234 Ill.App.3d 931
• Parties: , 176 Ill.Dec. 287 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tyrone HOLMES, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 985

601 N.E.2d 985

234 Ill.App.3d 931, 176 Ill.Dec. 287

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tyrone HOLMES, Defendant-Appellant.

No. 1-89-1593.

Appellate Court of Illinois First District, Second Division.

Sept. 8, 1992.

James A. Graham and Martin B. Shapiro, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., of Cook County (Renee Goldfarb, Kenneth T. McCurry, Asst. State's Attys., of counsel), Chicago, for plaintiff-appellee.

Justice SCARIANO delivered the opinion of the court:

Lajauina Camel was found dead in the hallway of an apartment building located at 4327 West 18th Street in Chicago at approximately 6 a.m. on Saturday, April 11, 1987. After a bench trial defendant Tyrone Holmes was convicted of her murder and of criminal sexual assault.

The victim's mother, Arlena McKinley, testified that at about 3 a.m. on April 11, 1987, she attended a party at "Miss" Powell's house, which was across the street from her residence. McKinley said she saw "Miss" Powell, Mr. Powell, Donald Blizzard, a woman named Theresa, defendant's brother Lonnie Holmes, and Lajauina at the party; that she talked to Lajauina at the party because she wanted her to come home; and that she did not see any marks under her chin. McKinley left the party before 4 a.m. with Lonnie Holmes and went to a liquor store where she purchased a half-pint of "Martell" cognac, a 40-ounce bottle of "Olde English 800" malt liquor, and a package of "Benson & Hedges" and "Newport" cigarettes. She stated that upon returning to the party shortly after 4 a.m. she did not see any marks on her daughter's neck or chin. After about 20 minutes had passed, McKinley left the party alone after asking Lajauina to leave with her, and arrived home at about 4:35 a.m. with the cognac, but left the beer behind, "probably" with her daughter. McKinley stated further that when she left the party her daughter was drinking with "Miss" Powell, Mr. Powell, Lonnie, a woman named Susan, Theresa, and possibly Theresa's husband Steve, and that "Miss" Powell had told her that she would see that someone walked Lajauina home. When asked if these were the people with whom her daughter kept company, McKinley answered that her daughter had a baby with defendant's brother Randy. According to McKinley, her daughter knew defendant very well and for practically all of his life. She said that he referred to her daughter as "sis," to her as "mama," and that he had been friendly with her and her family.

Jacqueline Wilson, who lived on the third floor of the building where the victim was found, testified that she awoke at about 4:30 a.m. that morning when she heard a noise, but went back to bed after she looked outside her door and found no one there. She later testified that the noise was coming from an apartment on her floor and that it wasn't unusual to hear noise in the building. She left her apartment at about 5 a.m. to meet her boyfriend after work and when she got to the hallway she heard arguing and a man's voice which said, "Don't shout out my name." Wilson stated that when she got to the back stairway she could see the people walking downstairs, and that she could hear their voices, but that she couldn't make out what they were saying because of the music coming from the apartment around the corner. She said that she followed them downstairs and that when she reached the bottom stair she smelled cigarette smoke. Wilson testified that she went to the back door and saw Lajauina, who was her friend, with a male, whom she identified as defendant. She testified further that defendant was holding Lajauina's arm, that Lajauina had tears in her eyes and a fresh bruise that was not bleeding under her chin. Wilson testified that she asked defendant, who was smoking a Newport, for a cigarette. According to Wilson, who was standing close to defendant, there was a light on in the hallway and she had no trouble seeing his face. In addition, she testified that Lajauina tried to talk to her but defendant led her out the door by the arm and said, "Come on here." She said that Lajauina and defendant, who was wearing a tan trench coat, walked through a muddy area toward some rowhouses. Wilson testified that she left through the front door, went to a pay phone to call her boyfriend, since she did not have a phone in her apartment, and then returned to her apartment using the front stairway and went to bed. She said that she did not see either of the couple with a bottle, and that she did not see a bottle as she went downstairs. She acknowledged that Lajauina was not striking out at or yelling at defendant, that he was not hitting or yelling at her, and that Lajauina did not ask her for help. Although Wilson testified that she thought her friend was in trouble, she admitted that she did not do anything about it.

Linda Burnett, who lived on the second floor of the building where the victim was found, testified that she had heard a thumping noise under her kitchen, which is adjacent to the stairway, at about 5:30 a.m. but that she continued to get ready for work. According to Burnett such noises were not unusual. She testified further that she discovered the body a few minutes after 6 a.m. as she was leaving for work, returned to her apartment and called the police.

Officer Frederick Thomas, an evidence technician with the Chicago police department, testified that the victim's body was lying on the stairway landing between the first and second floors. He also testified that there was a corked bottle of "Old English brand 88" malt liquor in the corner of the stairwell a few feet from the body. He dusted the bottle for fingerprints. Thomas also recalled that he had inventoried a gold chain, which was found on the second-floor landing by the stairway door. He did not recall whether he saw mud in the stairwell area, although he noted that there was mud outside.

Officer Thetris Patterson of the Chicago police department's latent prints section testified that in his opinion, one of the three prints found on the malt liquor bottle was made by defendant's left ring finger. Only one of the remaining two prints on the bottle was suitable for comparison. According to Patterson, this print did not match defendant's prints, was not compared to the victim's prints and, although it was run through the Automated Fingerprints Identification System, it was never identified. He testified further that it is impossible to determine whether a print was made by a male or female, or how old it might be.

Chicago police department detective Gene Harris testified that he found the victim's body lying on the back stairway landing between the first and second floors. He said that her blouse was pulled up under her breasts and that she was naked from the waist down, her blue jeans hanging from her left ankle. According to Harris, the victim had one red shoe on and the other was three steps above her on the stairway. He also testified that he found an empty large quart beer bottle about a foot and a half from her left foot, a broken gold chain, and noticed a muddy boot print with a serrated pattern on the carpet. Harris testified further that the victim had blood in her mouth, and a cut or a bruise on the right side of her chin.

In addition, Harris stated that he interviewed Burnett, Wilson, McKinley, "Mrs." Powell, and Lonnie Holmes. He said that McKinley told him she brought the beer and the cognac home with her after the party, and that he saw a half-pint of cognac and a bottle of "Olde English 800" malt liquor beer on her table. As a result of his investigation, Harris said that he eventually spoke to defendant over the phone at defendant's sister's house. According to Harris, defendant identified himself and stated that he would leave work and notify the police when he got home. Harris testified that when defendant arrived at his sister's house, he arrested him on an outstanding warrant, brought him back to Area 4 headquarters, placed him in an interview room and advised him of his rights. He also said that he inventoried defendant's clothing which included: a tan raincoat, gray striped pants, brown work boots and underwear.

Harris testified further that defendant agreed to talk with him and told him that he knew Lajauina and that he last saw her between 4:30 and 5 a.m. at the party. Defendant also told Harris that he arrived at the party at about 3:30 a.m., fell asleep on the couch, woke up when he heard Lajauina talking with "Mrs." Powell, got dressed and went to work. Harris then verified that defendant had been at work. He testified further that he confronted defendant with evidence that a female saw him with the victim at 5 a.m. in the hallway at 4327 West 18th Street. According to Harris, defendant told him that he met an old girl friend named Cora at a bar at about 2 a.m., went to her apartment, had sex with her, and left. He also told Harris that after he left he went to the party for his father, Mr. Powell, that Lajauina was at the party, that he fell asleep on the couch, woke up about 4:30, got ready and went to work. He told Harris that Lajauina caught up with him when he was on his way to the elevated train and asked him to go with her to Pookey's house at 4327 West 18th Street to purchase some marijuana. Defendant told Harris that he gave her $10, but that he never went inside, and that while he was waiting outside, a black female approached him and asked him for a cigarette, but he told her he did not have one. Harris said that defendant told him that Lajauina returned without any marijuana because Pookey did not have any, that she gave him his money back, and that he went to work. He said that he last saw her outside the building and that he never went in.

Detective Ralph Vucko, who came on duty at 4:30 p.m. also spoke with defendant after advising him of his rights. Vucko testified that defendant told him he was in the area of the 4327 West 18th Street...