People v. Johnson
| Decision Date | 09 September 1993 |
| Docket Number | No. 4-92-0526,4-92-0526 |
| Citation | 189 Ill.Dec. 538,620 N.E.2d 506,250 Ill.App.3d 887 |
| Parties | , 189 Ill.Dec. 538 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael JOHNSON, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Daniel D. Yuhas, Deputy Defender, Office of the State Appellate Defender, Lawrence J. Essig, Asst. Defender, Springfield, for defendant-appellant.
Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Springfield, Denise M. Ambrose, Sr. Staff Atty., for plaintiff-appellee.
Defendant Michael Johnson appeals from his conviction of solicitation to commit first degree murder (Ill.Rev.Stat.1987, ch. 38, pars. 8-1(a), 9-1), conspiracy to commit first degree murder (Ill.Rev.Stat.1987, ch. 38, pars. 8-2(a), 9-1), and first degree murder (Ill.Rev.Stat.1987, ch. 38, pars. 9-1(a)(1), (a)(2)). Defendant alleges the trial court erred in (1) denying his motion to suppress a statement made to an undercover informant; (2) improperly admitting evidence of defendant's gang membership and the circumstances surrounding the death of a fellow gang member; (3) improperly admitting evidence defendant was a chief of security for the Black Gangster Disciples (BGD) and was of a violent character; (4) improperly admitting testimony regarding threats made by gang members to prison guards; (5) improperly providing the jury with five sets of instructions regarding first degree murder; and (6) improperly convicting him of conspiracy to commit first degree murder and solicitation to commit first degree murder in addition to first degree murder. We affirm defendant's conviction of first degree murder, and vacate the convictions of conspiracy to commit first degree murder and solicitation to commit first degree murder.
The situation which culminated in the murder of Superintendent Taylor began on July 20, 1987. On this date two inmates, Billy "Zodiac" Jones and Kirk Williams, both BGD members, were being transferred from their cell at Pontiac Correctional facility (Pontiac) to segregation. In response to statements made by Williams, gang members yelled threats and BGD slogans. While being transferred from his cell, Jones died as the result of ingesting a bag of cocaine. In the following weeks, some BGD members were removed to segregation. The BGD became upset with the treatment they perceived they were receiving from the administration, and also blamed the administration for Jones' death.
Harry Martin, a BGD member working with the police, testified the BGD gang is organized like a corporation. A chairman of the board, co-chairman of the board, and board of directors are responsible for setting policy for the organization. Below the board of directors, there is an institutional coordinator and assistant institutional coordinator in each correctional institution. Below them are institutional coordinators of education, treasury, exercise and the United Front Organization (UFO). The UFO is the security arm of the BGD and the institutional coordinator of the UFO is commonly referred to as the chief of security. The chief of security in each institution is responsible for the operations of security in the institution. The function of the chief of security is to provide bodyguards for the board members, make sure certain gang members have weapons, and plan and direct the attacks on staff, other inmates, and individuals within the gang. Subordinate to the chief of security are unit coordinators of chiefs of security for each cellblock or division of the institution.
Larry Hoover was the chairman of the board of directors. Mike Akins was the institutional coordinator, and Corwyn "Ketchup" Brown was the assistant institutional coordinator at Pontiac. Defendant was the chief of security at the Pontiac facility. David "Cap" Carter, a subordinate of defendant, was the chief of security for the south cellblock. Anthony Williams, Ike "J.R." Easley, and Roosevelt "Rodog" Lucas were BGD security officers.
After Jones' death, defendant and Carter instructed gang members regarding attacks or murders which were to be carried out against members of the prison administration. Specifically, defendant instructed Carter regarding an attack on Taylor. Carter instructed Easley and Lucas to murder Taylor. Easley and Lucas attacked Taylor with a shank and pipe; Taylor died from wounds suffered in the attack.
During the investigation of Taylor's death, Martin visited defendant in prison. Martin had a tape-recording device concealed on his person. Defendant was unaware Martin was working with the police. Rather, defendant believed Martin was an emissary from Hoover, leader of the BGD. During his conversation with Martin, defendant acknowledged he was the chief of security, and he was responsible for the attack on Taylor. Defendant stated the attack on Taylor was motivated mainly by a desire to retaliate against the administration for its treatment of BGD, and to demonstrate the strength of the BGD. Defendant acknowledged instructing Carter to coordinate the attack, but stated he (defendant) did not intend for Taylor to be murdered. Defendant intended for Taylor to be beaten on the head with a pipe until unconscious.
Defendant was charged with one count of conspiracy to commit first degree murder, three counts of solicitation to commit first degree murder, and five counts of first degree murder. Defendant filed a motion to suppress the statements he made to Martin, which was granted on fifth amendment grounds. The State appealed the trial court's ruling on the motion to suppress, and we reversed. (People v. Johnson (1990), 197 Ill.App.3d 762, 766, 144 Ill.Dec. 293, 295, 555 N.E.2d 412, 414.) On remand, defendant made an oral motion to suppress the statements on sixth amendment grounds. The motion was denied.
After a jury trial, defendant was convicted of three counts of solicitation to commit first degree murder, one count of conspiracy to commit first degree murder, and three counts of first degree murder. The trial court vacated the convictions of two of the counts of first degree murder and two of the counts of solicitation to commit first degree murder. Defendant, who has a previous conviction for first degree murder, was sentenced to natural life in prison on the first degree murder conviction. Defendant was also sentenced to 30 years' imprisonment for solicitation to commit first degree murder, and 14 years' imprisonment for conspiracy to commit first degree murder. All three sentences were to be served concurrently with each other, and consecutive to the sentences defendant is currently serving. Defendant appeals.
Defendant alleges the trial court erred in admitting a taped recording of a conversation between defendant and Martin, during which defendant made inculpatory statements regarding his involvement in the death of Taylor. Defendant alleges his statements were involuntary under the fourteenth amendment and obtained in violation of the sixth amendment.
Defendant has waived consideration of whether his statement was involuntary under the fourteenth amendment due to his failure to raise this contention in his motion to suppress. In People v. Travis (1988), 170 Ill.App.3d 873, 879, 121 Ill.Dec. 830, 833, 525 N.E.2d 1137, 1140, defendant filed a motion to suppress statements he made to police officers because he was not taken without unnecessary delay before a judicial officer, and because the statements stemmed from an unknowing and involuntary waiver of his rights due to his subnormal intelligence and the fact he was intoxicated, deprived of sleep, and threatened by the police. The trial court denied defendant's motion. (Travis, 170 Ill.App.3d at 882, 121 Ill.Dec. at 834, 525 N.E.2d at 1141.) On appeal, the defendant did not allege the motion to suppress should have been granted for the reasons specified in the motion to suppress, but for reasons which had not been raised in the motion to suppress. Specifically, defendant alleged by throwing a written interview form to the floor and stating he would not sign anything he indicated he wished to remain silent, and the police officer involved did not scrupulously honor this request. We noted defendant had waived this contention as it was not one of the grounds for suppression raised in his motion to suppress. Travis, 170 Ill.App.3d at 883, 121 Ill.Dec. at 835-36, 525 N.E.2d at 1142-43.
Similarly, in this case, defendant filed a motion to suppress based upon failure to comply with an overhear order. Defendant amended this motion to allege his statements were obtained in violation of the fifth amendment. On remand, defendant made an oral motion to suppress, adopting the argument of Carter, that the statements were obtained in violation of the sixth amendment. However, defendant never alleged the statements should be suppressed because they were involuntary under the fourteenth amendment. Since this was not one of the grounds for suppression raised in defendant's motion to suppress, it has been waived.
Defendant has additionally waived consideration of whether the statements to Martin should have been suppressed on both fourteenth and sixth amendment grounds, due to his failure to bring these allegations to the court with sufficient specificity in his post-trial motion. In order to preserve an argument, for the purpose of appeal, from a jury trial, the challenge must be presented to the trial court not only at the motion to suppress stage, but it must also be included in the defendant's post-trial motion. (See People v. Cleesen (1988), 177 Ill.App.3d 103, 114, 126 Ill.Dec. 486, 493, 531 N.E.2d 1113, 1120, citing People v. Enoch (1988), 122 Ill.2d 176, 186, 119 Ill.Dec. 265, 270-71, 522 N.E.2d 1124, 1129-30.) A central purpose of this requirement is to give the...
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