People v. Hood

• Citation: 593 N.E.2d 805,229 Ill.App.3d 202
• Decision Date: 06 May 1992
• Docket Number: No. 1-89-1265,1-89-1265
• Parties: , 170 Ill.Dec. 916 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Angel HOOD, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 805

593 N.E.2d 805

229 Ill.App.3d 202, 170 Ill.Dec. 916

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Angel HOOD, Defendant-Appellant.

No. 1-89-1265.

Appellate Court of Illinois First District, Third Division.

May 6, 1992.

Barbara C. Kamm, Office of State Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, David Stabrawa, of counsel), for plaintiff-appellee.

Justice CERDA delivered the opinion of the court:

Codefendants, Angel Hood and Anthony Ortiz, were tried simultaneously in severed jury trials by separate juries that were unable to reach a verdict in either case. Defendant, Angel Hood, was then tried separately in a jury trial that ended in a mistrial because a police officer stated that defendant had taken a polygraph examination. In a third trial, defendant was again tried separately by a jury and was found guilty of first degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1). He was sentenced to 62 1/2 years' imprisonment. On appeal, defendant asserts that (1) he was not found guilty beyond a reasonable doubt because the testimony of a crucial State eyewitness was incredible; (2) he was denied due process and his right to a fair trial by the State's improper impeachment of the defense's eyewitness; (3) he was denied due process and his right to a fair trial because a State rebuttal witness, a former assistant State's Attorney, volunteered prejudicial testimony about the defense's eyewitness; (4) he was denied his right to a fair trial by the State's failure to timely disclose the identity of a rebuttal witness or the substance of statements about which he testified; (5) his right to a fair and impartial jury was violated because the trial court erred in not excusing a prospective juror for cause; and (6) he was denied due process and his right to a fair trial by the prosecutor's improper closing argument comments. We reverse.

Miguel Rodriguez was beaten and stabbed to death on February 1, 1987. At trial, three witnesses testified that they saw two men beat and stab the victim. Earl Ward and Chiquita Khalaf observed the incident from their apartments located above the sidewalk where the victim was killed. Walter Pappas observed the incident while he was standing nearby.

Earl Ward testified that his third-floor apartment faced Racine Avenue in Chicago. After going to bed in the early morning hours of February 1, 1987, Ward was lying awake when he heard someone scream for help. He got up, looked out his window and saw three people on Racine Avenue. One of the people hit the victim twice in the face. When he fell down, the second person kicked him.

Ward stated that he is nearsighted and wears eyeglasses. He was not wearing his eyeglasses at the time he observed the incident. Even though his view of the fight was blurry and he could not make out features or faces, Ward testified, he was able to see colors and figures and to determine the sex of people. Ward stated that the person who hit the victim was wearing a light gray hood and dark clothing and the person who kicked the victim was wearing dark clothes and a stocking cap. Ward further testified that the two men ran across the street toward Leland Avenue, not through the gangway. Ward did not see anyone else on the street at that time.

Because Ward thought it was another drunken brawl, which was common, he went back to bed. Later, however, when the victim failed to move, Ward got dressed and went downstairs. The police were already at the scene.

Walter Pappas testified that he was friends with the victim and knew both defendant and Ortiz. In 1986, Pappas was placed on three years probation for burglary and robbery. Since being placed on probation, Pappas had been arrested at least 12 times. Pappas said that he had no pending petitions for violation of probation and was not told by any assistant State's Attorney that the charges would be dropped if he testified. All the cases were dismissed for lack of evidence, Pappas stated.

On January 31, 1987, Pappas testified, he was drinking in an apartment in the Leland Hotel located at Wilson and Racine Avenues with various people, including the victim and defendant. Around 3 a.m. on February 1, 1987, Pappas stated, he was at the corner of Leland and Racine Avenues with Dean Emery. Pappas contended that he was not drunk at the time, but did have a "buzz." He did not know how much the victim had to drink because they were not together the entire time before the stabbing. When he heard someone saying, "stop, stop," Pappas looked around the corner and saw two men beating and kicking the victim. At first, Pappas, who was six to eight car lengths away from the three men, did not recognize them.

When Pappas yelled, "hey, what do y'all think y'all doing?" defendant turned around and looked at him. Pappas recognized him because he had known defendant for three to four years. Pappas testified that defendant was wearing dark clothes and a blue or gray hooded jacket. The victim was saying, "stop, stop," and did not have anything in his hands. It appeared to Pappas as if defendant had a knife in his hand and that his arm was moving in a downward motion. Pappas recognized the second attacker as Anthony Ortiz, who was wearing dark clothes. When the attackers ran, Pappas testified, he did not see where they ran because he was running home to his nearby apartment.

On cross-examination, Pappas admitted that he had previously testified that the attackers went through a gangway to a street west of Racine Avenue. Even though he did not see where the attackers ran, Pappas explained, he assumed they ran west because they did not come toward him.

When Pappas arrived at home, he did not call the police because the telephone was in his mother's bedroom and he did not want to disturb her. When the police arrived 15 or 20 minutes later, Pappas returned to the scene. He told the police he knew the victim, but did not see what happened.

The next day, Pappas slept until noon and then went to the Leland Hotel, where he drank with friends the entire afternoon. Later that day, the police approached him and asked if he would go to the police station to answer questions. Pappas stated that he was very drunk at the time.

At the police station, Pappas was placed in an interrogation room and handcuffed to the wall. When the police officers repeatedly asked if he knew about the killing, Pappas replied that he did not. Finally, the police let him sleep and get sober. While at the police station, Pappas was allowed to use the restroom by himself. He was never told he was a suspect nor did the officers threaten him regarding his probation. When he became sober, Pappas told the police he saw defendant and Ortiz beat and stab the victim in the back.

Pappas testified that he did not call the police because he was scared of defendant and his friends. He also stated that he told Dean Emery's sister, Karen, that he knew nothing about the stabbing because her sister had dated defendant.

Brian Via testified that he was acquainted with defendant. About 10 p.m. on January 31, 1987, Ortiz and Via went to defendant's apartment. The three men then drove around until Ortiz's car got a flat tire. While they were driving, Via said he noticed defendant opening and closing a black and silver knife with "Kung fu" written on it. When Ortiz asked defendant for the knife, defendant dropped it on the front seat. Via identified People's Exhibit 11 as looking like the knife he saw in the car. When they abandoned the car, Via testified, Ortiz took the knife with him.

Via admitted that he had earlier told the police that Ortiz, not defendant, had had the knife. Furthermore, Via stated, he had never before mentioned that defendant had been flicking the knife because the police never asked. He had told the police that Ortiz went back to the car and took the knife from the back seat. He also testified that, at the first trial, he did not say anything about defendant playing with the knife or the knife having "Kung fu" on it. At the second trial, however, he testified that defendant was flicking a knife that had "Kung fu" written on it.

According to Via, defendant was wearing black baggy pants and a waist length black jacket over an inner gray jacket with a gray hood. Ortiz was wearing a long black trench coat, black baggy pants, and a light-colored shirt.

Shortly after the three men abandoned the car, Via went home alone, arriving around 1:45 a.m. Defendant and Ortiz said that they were going to the Wooden Nickel bar, which was located within a block of the stabbing. At 5:30 or 6 a.m., the police came to Via's home. They asked if he would be willing to go to the police station, if he knew defendant and Ortiz, and that they were investigating a homicide, but did not say who was killed. Via said he already knew who had been killed. He then went to the police station where he was questioned about the previous night.

Officer Carl Kurth testified that he and his partner were the first police officers to arrive at the scene. The victim's clothes were soaked with blood. After speaking with Earl Ward, they told the dispatcher they were looking for two white Latino men, who were wearing dark pants and dark jackets, possibly three-quarter length with a hood.

While waiting for a paddy wagon to arrive, Kurth testified, defendant and Ortiz, who both had black hair, walked from the south. Both men were wearing dark clothing and dark trench coats. Defendant had a light blue hood underneath his coat. Kurth did not notice anything unusual about their appearance. Both men identified themselves to the police. Defendant said that he thought the victim was a cousin of a friend. Defendant then went with a police officer to contact his friend and returned with the victim's father. Officer Kurth stated that Pappas did not identify the victim.

Officer Paul Carroll searched defend...