People v. Kitchen
| Decision Date | 24 March 1994 |
| Docket Number | No. 71027,71027 |
| Citation | 159 Ill.2d 1,636 N.E.2d 433,201 Ill.Dec. 1 |
| Parties | , 201 Ill.Dec. 1 The PEOPLE of the State of Illinois, Appellee, v. Ronald KITCHEN, Appellant. |
| Court | Illinois Supreme Court |
Charles M. Schiedel, Deputy Defender, and John J. Hanlon, Asst. Defender, Office of State Appellate Defender, Springfield, for appellant.
Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Attorney, Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb and William D. Carroll, Asst. State's Attys. of counsel), for the People.
Following a jury trial in the circuit court of Cook County, defendant, Ronald Kitchen, was convicted of five counts of murder. (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1).) After finding defendant eligible for the death penalty based on the statutory aggravating factor of murder of two or more individuals (Ill.Rev.Stat.1985, ch. 38, par. 9-1(b)(3)), the same jury found insufficient mitigating factors to preclude imposition of the death sentence. Accordingly, the trial court sentenced defendant to death. Defendant's execution 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).
Codefendant Marvin Reeves was tried separately from defendant, and was also found guilty of five counts of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1)) and five counts of aggravated arson. (Ill.Rev.Stat.1985, ch. 38, par. 20-1.1(a)(2).) Codefendant Reeves was sentenced to natural life imprisonment. The present appeal involves only defendant's convictions and sentence.
The evidence adduced at trial showed that during the early morning hours of July 27, 1988, the bodies of 26-year-old Deborah Sepulveda, her son Peter Jr., age three, and daughter Rebecca, age two; together with 30-year-old Rose Marie Rodriguez, and her son Daniel, age three, were recovered following a fire in the Sepulveda residence located at 6028 South Campbell Street in Chicago. The bodies of Deborah Sepulveda and her two children were found in the front bedroom of the home. Deborah's naked body was found face down on the floor, and the bodies of Peter Jr. and Rebecca were found lying together holding hands on the bed. The bodies of Rose Marie and Daniel Rodriguez were found lying on the bed in the rear bedroom. All five bodies were severely charred. There were no eyewitnesses to the murders.
The Chicago fire department responded to the call of a fire at 6028 South Campbell and extinguished the fire. Detective McInerney of the bomb and arson unit found a number of areas as origins of the fire: the front and rear bedroom mattresses, the top of the basement stairs, and a wall in the dining room. McInerney determined that the fires had been intentionally set using available materials and hand-ignited with an available flame, and had been smoldering and burning slowly for approximately three hours before they were extinguished.
Dr. Robert Stein, chief medical examiner for Cook County, performed the autopsies of the victims. Dr. Stein opined that Rose Marie died of manual strangulation based upon hemorrhage areas in the internal neck muscles, as well as a number of external abrasions and contusions to her neck. The cause of death of the other four victims was asphyxia due to suffocation. The absence of carbon monoxide in the victims' blood and lack of soot in the trachea revealed that all the victims were dead before their bodies were set on fire.
Detective Craig Cegielski of the Chicago police department investigated the premises immediately following the fire. In the basement, Cegielski found numerous small manila envelopes, approximately 1 by 1 1/2 inches, lying on a workbench. A large box containing the same type of envelopes was found next to the workbench. Cegielski testified that based upon his extensive experience, these types of envelopes are commonly used to package narcotics.
On August 8, 1988, Chicago Police Officer Frank Balzano of the canine unit performed a narcotics search in the Sepulveda's home. The search dog indicated the presence or odor of narcotics in the rear bedroom and on a workbench located in the basement of the house. Balzano also saw the box of small manila envelopes near the workbench; however, the envelopes were not inventoried by the police department or admitted into evidence. Search of the premises did not reveal any controlled substances.
Defendant and codefendant Marvin Reeves were implicated as the perpetrators of the multiple murders by Willie Williams, a long-time friend of both defendant and codefendant Reeves. Williams was an inmate at the Vandalia penitentiary. On August 1, 1988, Williams stated that he called defendant collect 1 from the prison. In that conversation, defendant told Williams that he and codefendant Reeves went "over to 60th and Campbell and killed Debbie and Mary because they owed them some money." Defendant told Williams that he smothered the children to death because he did not want to leave any witnesses to the murders. Defendant told Williams that he had set the fires that burned the victims' bodies to cover up the murders.
On August 5, 1988, Williams telephoned Detective John Smith of the Chicago police department and informed him of the substance of his conversation with defendant. Later that same day, Williams again spoke with defendant. During that conversation, defendant told Williams that he had killed "Debbie" and "Mary" and the kids, and that, if he had to, he would do it again. Defendant told Williams that he and codefendant Reeves had strangled "Mary" to death, but suffocated "Debbie" and the three children with a pillow. The women owed them $1,225 for drugs. Codefendant Reeves went into the trunk of the car and got some alcohol, and defendant set the bodies on fire to cover up the details of the murders.
According to Williams, defendant and codefendant Reeves worked for a major drug supplier located on the south side of Chicago by delivering cocaine and collecting money. It was Williams' testimony that Rose Marie and Deborah purchased drugs on a regular basis from defendant and codefendant Reeves. Williams positively identified photographs of Rose Marie and Deborah as the women to whom cocaine was sold on numerous occasions. During the early months of 1988, Williams drove codefendant Reeves and defendant to the Sepulveda home at 6028 Campbell on approximately five different occasions to deliver cocaine and collect money.
On August 25, 1988, defendant was brought into the police station for questioning. Defendant made an oral statement to the detectives implicating himself and codefendant Reeves in the multiple murders. Defendant later agreed to give a handwritten statement to the assistant State's Attorney. In the statement, defendant indicated that codefendant Reeves picked him up in front of his home around 11 p.m. on July 26, 1988, in a 1977 yellow Buick Regal, and asked whether he wanted to go for a ride to see a woman who owed him some money. Defendant agreed, and drove to the Sepulveda residence. Codefendant Reeves told defendant to wait, and walked up the stairs and knocked on the front door. Codefendant Reeves entered the house alone. The living room windows were open, and defendant heard a conversation between codefendant Reeves and a woman. After approximately five minutes, the conversation turned into an heated argument. Codefendant Reeves and the woman exchanged profanities.
At that time, defendant got out of the car and walked up to the porch and knocked on the front door. Defendant entered the home, and saw codefendant Reeves go to the back bedroom and close the door behind him. Defendant heard punching and slapping noises, followed by the sound of a woman screaming and, finally, gasping for breath. Codefendant Reeves left the rear bedroom and told defendant that he wanted to leave. Both men walked out through the front door to the car.
Defendant saw codefendant Reeves take a plastic quart bottle out of the trunk and walk back into the house. Defendant noticed that all of the living room windows and the front door were now closed. Codefendant Reeves returned to the car and placed the bottle back into the trunk. As they drove off, codefendant Reeves laughed and told defendant that he thought he had "killed the bitch." Codefendant Reeves took defendant to buy a sandwich, and then drove him home. At the conclusion of the statement, defendant indicated that he had been treated well by both the police and the assistant State's Attorney. Defendant also indicated that he had given the statement voluntarily, and that no threats or promises had been made to him.
Chicago Police Officer Thomas Ptak testified that he searched the trunk of the 1977 Buick Regal belonging to codefendant Reeves. In the trunk of Reeve's car, Ptak found a plastic container containing a small amount of charcoal fluid, and an empty canister of gasoline hidden beneath a blanket. The parties stipulated that the gasoline can contained a residue of gasoline, and that the plastic container held flammable lighter fluid. It was also stipulated that no suitable fingerprints for comparison purposes could be found from either of these articles.
Around 6 p.m. on the evening of the murder, Victor Guajardo, Jr., who lived in the home next to the Sepulveda residence, saw a yellow, rusted, two-door, older model car parked in front of the Sepulveda home. Guajardo positively identified the car parked in front of the Sepulveda residence as the one driven by codefendant Reeves.
Karen Williams, keeper of the company records for Illinois Bell, testified in defendant's case in chief. Based upon company telephone records, there were only two collect telephone calls made to the defendant's residence. Those calls were made on August...
To continue reading
Request your trial
-
US EX REL. HARRIS v. Shaw
......Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). See People v. Harris, 107 Ill.Dec. 260, 506 N.E.2d 1315 (Ill.1987). Thereafter the court held that evidence of a prior killing should have been excluded in the ... See People v. Kitchen (1994), 159 Ill.2d 1, 20-21, 201 Ill.Dec. 1, 636 N.E.2d 433. . In the proceedings on remand, the State provided an explanation for its failure to ......
-
People v. Brown
...... Defendant later entered Aretha's bedroom, where an argument regarding drugs and money ensued between the two. Following the argument, Aretha rolled over like she was going to sleep. . Defendant proceeded to go into the kitchen and grab a knife. He then returned to the bedroom and sat on the edge of the bed. Aretha rolled over, and defendant stabbed her with the knife. Aretha screamed, and defendant stabbed her again. Aretha then began to cry, and defendant stabbed her again. Defendant stated that he did not know how ......
-
People v. Williams
...... When they arrived at the scene at approximately 6:35 p.m., they saw Michelle lying on the parkway, bleeding profusely from the head with no apparent signs of life. The officers also found Anthony lying on the kitchen floor of an apartment next door. He . Page 643 . [218 Ill.Dec. 921] was bleeding from the chest and shoulder. After talking to Anthony, Officer Paolucci made a radio dispatch indicating that the offender's name was Frank Williams, that he was a black male, approximately 6 feet, 2 inches tall, ......
-
People v. Kliner
...... See Davis v. Alaska, 415 U.S. 308, 315, 94 S.Ct. 1105, 1110, 39 L.Ed.2d 347, 353 (1974); People v. Triplett, 108 Ill.2d 463, 474, 92 Ill.Dec. 454, 485 N.E.2d 9 (1985). Any permissible matter which affects the witness's credibility may be developed on cross-examination. See People v. Kitchen, 159 Ill.2d 1, 37, 201 Ill.Dec. 1, 636 N.E.2d 433 (1994). This court has held that drug addiction of a witness at the time of testifying or at the time that an event occurred is a proper subject of cross-examination and may be used in an attempt to diminish a witness' credibility. See People v. ......