People v. Karim, 1-03-1147.

• Decision Date: 28 July 2006
• Docket Number: No. 1-03-1147.,1-03-1147.
• Citation: 853 N.E.2d 816
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel KARIM, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

853 N.E.2d 816

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel KARIM, Defendant-Appellant.

No. 1-03-1147.

Appellate Court of Illinois, First District, Fifth Division.

July 28, 2006.

COPYRIGHT MATERIAL OMITTED

Richard A. Devine, State's Attorney, County of Cook, Chicago (Renee Goldfarb, James E. Fitzgerald, William L. Toffenetti, of counsel), for Plaintiff-Appellee.

Thomas Peters, Chicago (Michael James McDermott, of counsel), for Defendant-Appellant.

Justice NEVILLE delivered the opinion of the court:

Following a jury trial, Samuel Karim was convicted of two counts of first degree murder and one count of attempted murder. Karim was sentenced to death. Then—Governor Ryan commuted Karim's death sentence to life in prison. This is the direct appeal of his conviction. Karim presents the following issues for our review: (1) whether the trial court erred when it denied Karim's motion to suppress his written statement, secured after numerous hours of detention in violation of the express terms in the arrest warrant; (2) whether the trial court erred in denying Karim's motion to suppress his identification; (3) whether the trial court erred in denying Karim's motion to dismiss based upon the alleged destruction of and/or failure to preserve evidence; (4) whether Karim was deprived of his right to a fair and impartial jury when he was not permitted to voir dire prospective jurors regarding their attitudes toward self-defense; and (5) whether the State's closing argument denied Karim his right to a fair trial.

BACKGROUND

On March 18, 1996, Karim was involved in shootings that resulted in the murders of Jamar Parker and Melvin Harris and the attempted murder of Michael Black. On December 3, 1996, Karim was charged by indictment with: (1) four counts of first degree murder; (2) one count of attempted first degree murder; (3) one count of aggravated battery with a firearm; (4) three counts of armed violence; and (5) three counts of aggravated battery. Karim pled not guilty.

Motions

Prior to trial, Karim filed a motion to suppress a statement he made to the police. That motion was subsequently amended. In the amended motion, Karim argued: (1) that his statement was coerced; (2) that he was interrogated despite requesting the assistance of counsel; (3) that he was threatened with the death penalty and promised that he would receive a 20—year sentence if he cooperated; (4) that he was kept isolated at the police station for 30 hours despite requesting counsel; and (5) that the police violated the express terms of the arrest warrant.

At the hearing on the amended motion to suppress, attorney Joan Hill McClain (Attorney McClain) testified that she represented Karim in several matters over the years. Attorney McClain testified that, during her representation over the years, she advised Karim of his Miranda rights. Attorney McClain also testified that she repeatedly instructed her client to say nothing more to the police than to give them the name and address of his attorney. According to Attorney McClain, she found out that Karim had been arrested when he called her after he had been taken into custody and held for three days. Attorney McClain testified that she asked Karim why he never called, and he replied that neither the police nor the State's Attorney would permit it. According to Attorney McClain, when she arrived at the police station, she learned that Karim had given a statement. Attorney McClain also testified that Karim told her that the authorities made promises and threats.

Detective Michael Duffin testified that both he and, later, Assistant State's Attorney Scott Anderson (ASA Anderson) read Karim his Miranda rights. He also testified to the procedures he followed during his investigation. Detective Duffin denied any impropriety in the arrest or detention and claimed that Karim never indicated that he wished to remain silent, was never promised a 20—year sentence in exchange for his cooperation, was never threatened with the death penalty, and was never handcuffed during the interviews. Detective Duffin also testified that Karim was permitted to use the washroom and was given food during his detention.

Detective Duffin testified that Karim was arrested pursuant to an arrest warrant. Detective Duffin admitted that the warrant expressly commanded that Karim was to be brought before Branch 66 of the circuit court of Cook County located at 26th and California. Detective Duffin also admitted that, despite Branch 66 being open at the time, the arresting officers took Karim to the Area 4 police station for interrogation. Detective Duffin also admitted that the police made no attempt to take Karim to the courthouse the following day until he signed his inculpatory statement. According to Detective Duffin, Karim was arrested on October 31, 1996, at approximately 1:10 a.m. and kept in custody until the afternoon of November 1, 1996.

Detective Duffin testified that Karim was taken to Area 4 to be fingerprinted before being taken to court, which usually takes 12 hours. Despite the express language contained in the arrest warrant, Detective Duffin testified that he decided to search for eyewitnesses while he was waiting for the results of the fingerprinting.

ASA Anderson testified that he told Karim that he was a prosecutor and not his attorney. ASA Anderson also testified that he read Karim his Miranda rights, and at no time did Karim indicate a desire to remain silent. ASA Anderson also testified that Karim never told him of any threats or promises made to induce him to make a statement. After considering the arguments made by both sides, the trial court denied the amended motion to suppress the statement.

Karim also made a motion to suppress the identification testimony based upon the initial identification procedures employed in this case. Karim argued that Michael Black was improperly shown photographs when he could not verbally communicate, due to the insertion of a medical apparatus in Black's throat. Karim also argued that some of the eyewitnesses were permitted to view Karim one-on-one before identifying him. Karim further argued that the lineups were unduly suggestive and that he was never advised that he was entitled to have an attorney present for the lineup.

Detective Joseph Walsh was the only witness to testify at the motion to suppress identification. Detective Walsh testified that he showed photographs to Black, who held Detective Walsh's hand and squeezed his hand to indicate an affirmative response to his yes or no questions. The instruction for giving a negative response was to do nothing. According to Detective Walsh, Black was shown one photograph at a time. Detective Walsh testified that Black squeezed his hand after being shown Karim's photograph.

Karim argued that Detective Walsh's testimony was vague because Detective Walsh testified that he interpreted Black's reaction to viewing the first two photographs as "I think he did not respond at all." Although Detective Walsh made Black initial the back of one of the photographs of Karim, Karim also argued that the mark was illegible. In addition, Karim argued that it was an improper identification because Detective Walsh never spoke with Black's doctors before conducting it. As a result, Karim argued that Detective Walsh failed to determine if Black was being given any medications that could have affected the results of the identification. Karim further argued that the identification should be considered unreliable because it ended when Black began grunting out loud and squeezing Detective Walsh's hands, which Detective Walsh found "complicated." The trial court also denied the motion to suppress the identification.

Trial

The mothers of the two deceased men, Linda Parker and Paula Harris, testified regarding the last time each mother saw her son alive. Linda Parker testified about how she learned that her son had been killed. Paula Harris testified that she learned of the shooting when she was told that her son was in intensive care at Mount Sinai Hospital. Paula Harris further testified that her son died of his injuries in the hospital on March 23, 1996.

Black testified that he was introduced to Karim in February 1996. According to Black, Karim sold drugs on the west side of the City of Chicago. Black testified that he and Parker were in the business of selling heroin, and that Parker introduced him to Karim, whose nickname was "Red." Black testified that he told Karim that he wanted him to work with them. Black also testified that Karim agreed, was given a quantity of heroin to test and told that he would be contacted.

Black testified that he again spoke to Karim a couple of days later at Parker's house. According to Black, Karim said that he liked the heroin he was given and would be able to move it. Karim, Black and Parker subsequently met on West End, on the west side of Chicago. At this meeting, Karim was given 50 grams of heroin to sell. Karim was picked up and taken to the Humbolt Park area of the city, where Karim allegedly kept his money. Black and Parker waited in the car while Karim went upstairs. Karim returned with $2,500 of the $5,000 he would have to pay them for the heroin. Black testified that he and Parker gave Karim more heroin. According to Black, they were trying to build a relationship with Karim whereby Karim would handle all of Black and Parker's business.

Black testified that he and Parker received a page from Karim 10 days later. According to Black, Karim reported that he had moved all of their heroin and was ready for more. Black also testified that Karim had the money he owed them. Black testified that he told Karim they would drive over to get the money. Because they had no car, Black and Parker flagged down Harris, who was driving by. According to Black, neither Black nor Parker carried a gun, knife or baseball bat. Black sat in the front passenger seat of Harris's car while Parker...