People v. Holmes
| Decision Date | 13 November 1992 |
| Docket Number | No. 1-88-3713,1-88-3713 |
| Citation | 606 N.E.2d 439,238 Ill.App.3d 480 |
| Parties | , 179 Ill.Dec. 607 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marion HOLMES, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Alan D. Goldberg, Asst. Appellate Defender, Office of the State Appellate Defender, Chicago, for defendant-appellant.
Jack O'Malley, State's Atty., Chicago, for plaintiff-appellee.
Defendant, Marion Holmes, and codefendant, William Franklin, were tried separately and convicted of the murder of Elgin Evans. The State's key witness at both trials, Ulric Williams, had been present during the murder. In order to protect the credibility of Williams' testimony at Holmes' trial, the State characterized Williams as an innocent bystander to the murder and further denied that Williams' testimony was in any way motivated by an expectation for prosecutorial leniency concerning his involvement in the murder. Holmes filed this appeal arguing that, in light of the evidence in the record, the State's conduct violated his right to due process. We agree with Holmes and, accordingly, reverse and remand for a new trial.
On February 6, 1980, Elgin Evans was murdered behind the Ford Motor Company plant located on 16th Street in Chicago Heights, Illinois. Three men were present during the murder: Marion Holmes, William Franklin, and Ulric Williams. Holmes and Franklin were tried separately for the murder and Williams testified for the State in each trial.
At Holmes' trial, Williams testified to the following occurrence facts. He had known Holmes for 11 years and the two were close friends. He had also known Franklin for five years but they did not see each other often. On the first Sunday in February 1980, Williams went with Holmes and Franklin in a car to look for Elgin Evans. Holmes explained to Williams that Evans had ripped-off a gambling game that had been organized by a friend of Holmes, known as "Eddie." They did not locate Evans on that Sunday.
On February 6, 1980, Williams went to Holmes' house in Harvey, Illinois, to do some mechanical work on Holmes' car. Franklin pulled up in front of the house with a passenger in his car. Franklin indicated that the passenger was "Elgin." After Franklin and Holmes talked privately for about 15 minutes, Holmes said that they were all going to go for a ride. While Williams drove the car, Holmes and Franklin discussed a plan to dispose of some stolen auto parts. Holmes also told Evans that he would front him some "product" (cocaine). However, there was no discussion about any harm coming to Evans and Williams did not think that Evans had any reason to fear for his safety.
Holmes directed Williams to drive to a Coca Cola bottling plant in Markham, Illinois, but as they approached the plant, they saw a Markham police car and Williams drove away.
Holmes told Williams to drive to Chicago Heights where they arrived at the Ford Motor Company plant on 16th Street. Williams parked the car in the loading dock area between two semi-trailer trucks. Williams then turned off the motor and opened the driver's door. Holmes told Williams, "We don't need you for this," and Williams handed Holmes the car keys. Holmes told Evans, "Elgin, give us a hand with this."
Williams watched through his rear view mirror as Holmes, Franklin, and Evans walked to the trunk of the car. Evans was standing between Holmes and Franklin. As the trunk popped open, Franklin and Evans turned their heads to see if anyone was watching. Franklin then removed a small pistol from his coat, held the pistol 12 to 14 inches from the right side of Evans' head, and fired one shot. Evans dropped to the ground. Williams heard the trunk slam shut and then heard Holmes say, "One more for good measure." Still watching, Williams saw Franklin turn slightly and shoot Evans a second time.
Holmes and Franklin returned to the car. Williams had difficulty starting the car because he was nervous. Holmes asked Williams if he was going to vomit, but Williams said no. As he drove the car away, he saw Evans' body lying in the snow. Holmes directed Williams to drive northbound on the Calumet Expressway. Williams looked in the rear view mirror again and saw Franklin disassemble and clean the pistol. Holmes told Williams to drive slowly over the Cal-Sag Channel bridge allowing Franklin to throw the pistol out of the window. The pistol was never recovered.
Holmes warned Franklin that he would be the first suspect and that he should stay out of sight for a while. Williams returned home but he did not report the murder to the police.
After the murder, numerous other events occurred which are relevant to this appeal. We set forth those events in chronological order. One month after the murder of Elgin Evans, while Holmes, Franklin, and Williams were still at large, two armed-men robbed a McDonald's Corporation clearinghouse located in Chicago Heights the consequence of which caused the law enforcement officials to immediately begin an investigation.
Eighteen months after the armed robbery, Williams was taken into custody in Lake County, Indiana, for questioning on an "unspecified offense." Both federal agents and the local police were involved in the questioning. Williams was placed into a maximum security cell for two days. During this time, Holmes and another man, Gary Peoples, were taken into custody at the same facility and were placed into cells next to Williams. According to Williams, Holmes threatened to kill him. Fearing for his life and the life of his family, Williams asked to speak to "one of the authorities." Agents James Collier and Tom Pritchett of the Illinois Department of Law Enforcement went to visit Williams. Williams told the agents that he had knowledge of an armed robbery and a murder. Williams had several conversations with the agents in which he implicated himself and Holmes in the armed robbery of the McDonald's Corporation clearinghouse and Holmes and Franklin in the murder of Elgin Evans.
Subsequently, Williams and Holmes were arrested and charged with armed robbery and with murder. Franklin was arrested and charged with murder.
On March 9, 1982, Williams testified for the State at the preliminary hearing on the murder charges against Holmes and Franklin and repeated substantially the same details of the murder as set forth above. However, the following exchange also occurred between Williams and counsel for Holmes:
"Q. [Defense Counsel] Mr. Williams, are you--have you been promised any benefits, rewards, or immunities in regard to your testimony here today?
A. [Mr. Williams] No, I have not.
Q. You have no expectation of receiving any benefits, awards, gifts, or anything else for your testimony here today, is that correct?
A. I don't know how to answer that. When you say expectation, are you talking about what I hope, or what I have been promised?
Q. What you hope?
A. Yes, I do.
Q. And you have discussed that with law enforcement agencies, at least as to what your expectations are, have you not?
A. Yes.
Q. Would you tell his honor what some of those expectations are?
A. I hope that I would be, my part in this particular crime would be considered for the part that it was.
Q. And that is to say you were an innocent bystander to an uncertain event?
A. Yes."
Also at this preliminary hearing, Williams testified that while he was in custody in Lake County, Indiana, the law enforcement officials requested to speak with Williams about the armed robbery and murder, not vice-versa. At the end of the preliminary hearing, the court found that probable cause existed to support the murder charges against Holmes and Franklin.
Nine days later, another preliminary hearing was held concerning the murder charge against Williams. After agents Collier and Pritchett testified for the State, the court found that there was insufficient evidence showing that Williams had the requisite mental state for his accountability for the murder and found that probable cause did not exist. The murder charge against Williams was then dismissed.
Sometime on or before September 21, 1982, (the record does not reflect an exact date) Williams gave a statement to authorities in Will County, Illinois, ostensibly as part of a federal investigation involving Gary Peoples. In his statement, Williams disclosed information concerning a variety of criminal activities. However, Williams also disclosed information specifically concerning his own involvement in the murder of Elgin Evans. Williams stated:
"Eddie's lounge had been robbed. They found out who had set it up, his name was Elgin Bogan [it is clear from the record that this was the victim, Elgin Evans]. Holmes was known to be a hit man for Eddie and just a killer anyway. He had, he was the bouncer of the lounge at one time, he shot someone in the lounge, and, uh, it's just known in the Heights that Holmes was dangerous. So when we started asking for Elgin Bogan, people would say, 'Marion, we don't know where Elgin is.' But Elgin's got problems, Eddie got a hit on him 'cuz he knew he robbed his place. In fact, Bogan came to Eddie and told him, he says, Eddie told him, he says, 'No, I don't know nothing about it.' But now Holmes owes Eddie $8,600 for that cocaine. He took the hit from Eddie. But he couldn't get any, realize any cash from him because he owes the man. So, we went in a couple places, and no one knew me from the Heights, and I would ask for Elgin and people had the plague about that; they knew what was happening. So, maybe three or four days passed by, Holmes had come in from work drunk as usual and left his headlights on and his car wouldn't start. So I'm out there jumping his car when Franklin pulls up in his car with someone in there. He tells us, I got Elgin in the...
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