People v. Jackson

• Citation: 582 N.E.2d 125,163 Ill.Dec. 859,145 Ill.2d 43
• Decision Date: 26 September 1991
• Docket Number: No. 68012,68012
• Parties: , 163 Ill.Dec. 859 The PEOPLE of the State of Illinois, Appellee, v. Lawrence JACKSON, Appellant.
• Court: Supreme Court of Illinois

Page 125

582 N.E.2d 125

145 Ill.2d 43, 163 Ill.Dec. 859

The PEOPLE of the State of Illinois, Appellee, v. Lawrence JACKSON, Appellant.

No. 68012.

Supreme Court of Illinois.

Sept. 26, 1991.

Rehearing Denied Dec. 2, 1991.

Charles M. Schiedel, Deputy Defender, Springfield, Steven Clark, Asst. Appellate Defender, Chicago, Office of the State Appellate Defender, for appellant.

Neil F. Hartigan, Atty. Gen., Springfield, and Cecil A. Partee, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Asst. State's Atty. and Linda D. Woloshin, Special Asst. State's Atty., of counsel), for the People.

Justice CUNNINGHAM delivered the opinion of the court:

On September 25, 1986, an indictment was filed in the circuit court of Cook County charging defendant, Lawrence Jackson, with multiple counts of murder, attempted murder, armed violence, home invasion, armed robbery, aggravated battery, aggravated battery of a child, aggravated unlawful restraint, and residential burglary, in violation of various sections of the Criminal Code of 1961 (Ill.Rev.Stat.1985, ch. 38, pars. 8-4, 9-1(a), 10-3.1, 12-4(a), (b)(1), 12-4.3(a), 12-11(a)(2), 18-2, 19-3, 33A-2). The State later chose not to proceed on some counts. On June 23, 1988, the State obtained guilty verdicts on all charges submitted for the jury's consideration: four counts of murder, one count of attempted murder, one count of aggravated battery of a child, five counts of home invasion, five counts of armed robbery, and one count of residential burglary. The State requested a death penalty hearing. A sentencing hearing was commenced on June 24, 1988. The jury concluded defendant was eligible for the death penalty, finding that defendant was 18 years of age or older at the time of the murders (Ill.Rev.Stat.1985, ch. 38, par. 9-1(b)) and that statutory aggravating factors were present (Ill.Rev.Stat.1985, ch. 38, pars. 9-1(b)(3), (b)(6), (b)(7)). The jury then heard and considered mitigating and aggravating evidence, ultimately concluding that there were no mitigating factors sufficient to preclude the imposition of the death penalty. The circuit court, on September 7, 1988, sentenced defendant to death, 60 years' imprisonment on the attempted murder, 30 years' imprisonment for armed robbery and home invasion, and 15 years' imprisonment for residential burglary. Defendant's death sentence has been stayed (134 Ill.2d R. 609(a)) pending direct appeal to this court (Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d R. 603).

The 18 issues raised in defendant's brief are summarized as follows: (1) whether the prosecution's expert witness incorrectly stated the law, and whether the witness and the prosecutor misled the jury so as to require reversal; (2) whether the prosecution violated discovery rules by withholding statements by defendant, his codefendant, and an expert witness until such time as the statements were to be used against the defense, thereby creating reversible error; (3) whether the prosecution (a) gave adequate, race-neutral explanations for excusing black jurors with peremptory challenges, (b) prejudiced the jury at both the guilt-innocence and sentencing phases of trial with irrelevant victim-impact testimony, and (c) prejudiced the jury at sentencing by arguing that defendant had gotten "breaks" on prior convictions and that the law required imposition of the death penalty; (4) whether the trial court committed reversible error (a) by refusing to question prospective jurors as to whether they would automatically vote for the death penalty, (b) by stating in the jury's presence that the jury would not impose the death penalty, (c) by allowing unreliable aggravating evidence at sentencing, and (d) by inadequately instructing the jury at the sentencing phase of trial; (5) whether reversal is required (a) where the jury found defendant eligible for the death penalty based upon an instruction which incorrectly included residential burglary, with armed robbery and home invasion, as a predicate felony for purposes of eligibility, and (b) where the prosecutor later incorrectly stated that capital punishment is appropriate for "murders that occur during the course of forcible felonies like home invasion, armed robbery, and residential burglary"; (6) whether the natural life sentence imposed upon a codefendant warrants reduction of defendant's sentence to life in prison; and (7) whether the Illinois death penalty statute is unconstitutional.

Pursuant to defendant's request, the circuit court, on September 15, 1987, entered an order directing Dr. Robert Reifman to examine defendant and file a report "as to his mental condition." Reifman's report, dated October 5, 1987, indicated defendant was fit to stand trial, and that defendant "was legally sane at the time of the alleged act." On January 13, 1988, defendant filed a motion to suppress statements he had made to law enforcement officials. Defendant's motion was denied on January 20, 1988. Also on that day, his codefendant requested a severance since he would be asserting defenses of drug intoxication and compulsion which implicated defendant. The court granted the severance. On January 26, 1988, codefendant made a motion for separate jury trials which defendant adopted. The court "denied" the motion, ruling that there would be separate, simultaneous trials with separate juries. In light of the court's ruling, defendant, on February 18, 1988, moved to strike codefendant's affirmative defense of compulsion. The court denied the motion. Additional pretrial motions were heard and denied on February 22, 1988. These motions included: a defense motion to preclude the State from "death qualifying" or "Witherspooning" prospective jurors; an alternative request which sought submission of questions to jurors, asking them if they would automatically vote for imposition of the death penalty if defendant were found guilty of murder; and a motion to declare Illinois' death penalty statute unconstitutional. Prior to jury selection, the court reconsidered its rulings on defendants' motions and granted a full severance.

Jury selection for defendant's case commenced June 16, 1988. The State exercised eight peremptory challenges, three of which were directed toward blacks. In each instance, the prosecutor offered reasons for her action, and the circuit court found those reasons to be racially neutral. The jury chosen consisted of six white males, two white females, one black male, two black females, and one Hispanic female. The trial proper began June 20, 1988.

The victims, Vernita Winder, her three daughters, Mark "Tiny" Brown, Vernita's boyfriend, and Shirley Martin lived in apartment 210 at 1850 West Washington. Vernita's daughters were six-year-old Urica (who was eight years old when she testified at trial), five-year-old Dana, and 18-month-old Shanita (Nicki). Urica testified that late in the evening, on September 24, 1986, she was watching television. There was a knock on the door and Urica asked who it was. A voice answered, "Bobbie." Urica saw Bobbie and a man with him whom she had seen at a party at "Bobbie's kid's" house. That man was the defendant. Bobbie Driskel asked if "Tiny" was there and Urica said he was sleeping, but she would wake him up. Driskel asked for and received permission to use the bathroom. Defendant stood by the entrance to the apartment. When Driskel emerged from the bathroom, he went over to where "Tiny" (Mark Brown) was sleeping on the couch with an infant, Shanita (Nicki). Urica went to her bedroom, where her sister, Dana, was sleeping. Their mother, Vernita, came into the room, woke Dana, and took them into her room. Shirley Martin was already in the room. They tried to keep defendant and Bobbie Driskel out of the room by leaning against the door; however, defendant forced the door open. Shirley faced the defendant, who was holding a 12-inch long knife, and said, "I love you." Defendant answered, "I don't love you." Defendant stabbed Shirley in the heart. Shirley slid down the wall, leaving the wall covered with blood. Defendant then left the room. Bobbie Driskel walked toward Urica and told her he was not going to "mess" with her. Driskel, who had a knife in his hand, then stabbed Urica in the stomach. Urica ran to the front room door, trying to get out.

Denise Adams, in apartment 310 directly above the victims' apartment, heard what sounded like running through the apartment, a door slam and a little girl crying, "Let go of my mother before you kill her."

Bobbie Driskel dragged Urica by her foot back into the room and began stabbing her again. The six-year-old held her breath, closed her eyes, rolled them up, playing dead, and Driskel then stopped stabbing her.

Driskel went to a dresser and said, "Damn, ain't no money." Urica continued to play dead until defendant and Driskel left. She got up and saw Shirley on the floor covered with blood. Shirley was not moving. Urica went to the front room where she saw Dana, "Tiny" and her mother. Dana had blood all over her body and she was not moving. "Tiny" was on the couch. He had blood on his feet; half of his foot was chopped off and it was leaning back. Urica's mother was behind the kitchen table. She had blood all over her body and was not moving. Urica got a drink of water and went to sleep.

Urica woke the next morning when she heard her cousin, Tony, and her mother's friend, Cherrie, calling from outside the window. Later that morning, Urica's 12-year-old cousin, Tamico, telephoned and asked to speak to Urica's mother. Urica kept calling out Tamico's name and Tamico told her, "Stop playing. Put Vernita on the phone." Urica told her that she could not wake her mother up. Tamico, who lived on the fourth floor of the same building, came down to the apartment and Urica answered the door. Tamico saw that Urica had several stab marks on her stomach and arms. She was covered with blood and was still bleeding from...