People v. Knott, 1-85-3248

• Decision Date: 27 December 1991
• Docket Number: No. 1-85-3248,1-85-3248
• Citation: 166 Ill.Dec. 521,586 N.E.2d 479,224 Ill.App.3d 236
• Parties: , 166 Ill.Dec. 521 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher KNOTT, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 479

586 N.E.2d 479

224 Ill.App.3d 236, 166 Ill.Dec. 521

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher KNOTT, Defendant-Appellant.

No. 1-85-3248.

Appellate Court of Illinois,

First District, Fifth Division.

Dec. 27, 1991.

Rehearing Denied Jan. 29, 1992.

[224 Ill.App.3d 238] [166 Ill.Dec. 524] Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Guy L. Miller IV, Sandra Z. Nueschen, of counsel), for plaintiff-appellee.

Michael J. Pelletier, Deputy Defender, Chicago (Karen Daniel, of counsel), for defendant-appellant.

Justice GORDON delivered the opinion of the court:

A jury found defendant Christopher Knott guilty of armed robbery. The court sentenced him to a term of natural life imprisonment. On appeal, defendant contends that the State exercised its peremptory challenges in a racially discriminatory manner; that he was denied a fair trial where an alibi witness was improperly impeached regarding his failure to report the alibi to the police; that the prosecutor made prejudicial remarks in closing arguments, accusing defense alibi witnesses of lying, and suggesting that defendant frightened witnesses into not testifying; and that the Illinois Habitual Criminal Act is unconstitutional (Ill.Rev.Stat.1985, ch. 38, par. 33B-1, et seq.).

Defendant was charged with the July 16, 1984 armed robbery of a food store in Chicago. In January 1985, defendant received a trial without a jury, and was found guilty of armed robbery. During the trial, defendant's attorney was charged with misconduct by the Attorney Registration and Disciplinary Commission in an unrelated civil matter. Shortly after defendant here was convicted in January 1985, his defense counsel was suspended from the practice of law for six months. On May 29, 1985, the trial court granted defendant's post-trial motion for a new trial because of the presumption that defense counsel's attention was not adequately focused on his representation of defendant during the trial. See People v. Williams (1982), 93 Ill.2d 309, 67 Ill.Dec. 97, 444 N.E.2d 136.

In September 1985, defendant was retried before a jury pursuant to an intervening jury demand.

After the jury was sworn in, the court heard argument from defense counsel on his motion for a mistrial based on the State's racially motivated use of peremptory challenges. The State declined the opportunity to argue. The court ruled that no systematic exclusion of jurors had occurred.

Prior to trial, the court entered an order prohibiting the parties from referring to the earlier trial.

At the second trial, Awad Hassan testified that at 8:45 a.m., on July 16, 1984, he and an employee, John Ivy, were working in a small neighborhood grocery store which Hassan owned. The store was located in the basement of an apartment building in Chicago. Hassan was at the cash register behind the counter when he saw defendant enter the store. Ivy was behind the meat case about six to ten feet away. Defendant asked for cigarettes and handed Hassan $1.00. Hassan had never seen defendant before. Defendant stood two or three feet from Hassan. The lighting conditions were very good. When Hassan opened the cash register, defendant "glanced around, * * * and he came around the counter right away," pointed a gun at Hassan's neck and said, "This is a stick-up." Defendant stood next to Hassan, and Hassan was looking straight at him.

Defendant then told Hassan to lay down and said, "Shut up, don't say nothing, do what I say." Hassan complied. As he was laying on the floor, he was still able to look up and observe defendant. After several seconds, defendant told Hassan to stand up and open the cash register. Hassan then complied with defendant's order to lay down on the floor again. Defendant placed the money from the cash register in a bag. Defendant ordered Hassan to stand up again and to put the change from the register in the bag. Hassan complied, while defendant kept the gun held against Hassan's neck.

During this time, Ivy was standing behind the meat case, watching. Defendant ordered Ivy to come up front, and told him not to make any stupid moves, and to shut up.

Also during the incident, a regular customer came into the store. He stood at the door, and then "he looked and he backed up." Defendant looked at the man and said, "Get out of here."

Defendant then exited the store, first pointing the gun at the two men and saying "Don't move 'til I leave." Hassan ran after defendant, and Ivy followed him. They did not catch up to defendant, but Ivy recovered defendant's hat when it fell off his head. Hassan described defendant to the police as 5'8"' to 5'9"' tall, 140 pounds; in his 20's; brown eyes; light brown mustache; medium brown complexion, wearing a gray t-shirt, blue jeans, a white cap and medium brown-tinted prescription glasses.

Hassan testified further that several days later, Hassan was told some information about the robbery by a regular customer named Tyrone. He did not know Tyrone's last name. Tyrone told him that the person who robbed the store was nicknamed "Snake," and lived at 48th and Langley, and hung around the neighborhood of 50th and Champlain. Hassan reported this to the police. The police did not attempt to locate or speak to Tyrone. Hassan and Ivy then accompanied several police officers to 48th and Langley, and then to 50th and Champlain, where they observed defendant, who was wearing tinted glasses. They identified defendant to the police officers, who then arrested him. The two men also identified defendant in court.

John Ivy testified that he worked as a manager at Hassan's store. On July 16, 1984, he was behind the meat counter when defendant entered the store. He observed defendant going behind the cash register, pointing a gun at Hassan's neck. He had never seen defendant before. Ivy complied with defendant's order to lay down on the floor. Ivy laid on his back with his head propped up, facing Hassan and defendant. He was able to see defendant's face. Ivy described the robbery similarly to Hassan, except that he did not see the regular customer enter the store. He did see defendant turn around and heard him speak to the customer. Ivy recovered defendant's hat while they were chasing him. The entire incident lasted five minutes.

Ivy did not know Tyrone, and did not know about the conversation between Hassan and Tyrone. Ivy described defendant as a black male with a light brown complexion, 5'8"' tall; 140 to 150 pounds; wearing a white cap, gray shirt, blue jeans and brown-tinted glasses.

Ivy testified further that three days later, on July 19, 1984, he first accompanied Hassan and two police officers to 48th and Langley. There were black men and women on the street, but he recognized no one. At 50th and Champlain, there were black men and women on the street. He recognized defendant. "[M]e and Mr. Hassan, we jumped up at the same time and seen the man walking down the street and said, 'that's the guy.' " They did not say it in response to any questioning by the officers. The officers asked whether Ivy and Hassan were sure, and they replied yes. Defendant was wearing glasses, but that fact did not particularly stand out in Ivy's mind. "I noticed his face, I recognized him by his face."

Eugene Poole, a Chicago police officer, testified for the State that on July 19, 1984, he and his partner drove Hassan and Ivy to the South Side of Chicago to look for the man who robbed the store. At Langley and 48th there were "numerous" black people, including men, women and children. At 50th Street and Champlain, Hassan and Ivy "almost simultaneously" pointed at someone. There were other black males in the vicinity. Poole exited the police car with his gun drawn and approached defendant. He arrested defendant.

On cross-examination, Poole testified that Hassan told them he had some information about the person who robbed the store. "Mr. Hassan had informed me that he had some information, where he got that I have no idea." He did not ask Hassan who gave him the information. He Thomas O'Connor, a Chicago police officer, testified for defendant that he participated in the investigation of the robbery. He did not order a lineup for Randolph Cassell to view. They tried to find Cassell that night, but there was no phone number and he was not at his place of employment. They did not try to find him after that night. O'Connor asked Hassan the source of his information relating to defendant's identity. "He told me it was told to him in confidentiality." Hassan "chose not to" reveal the identity of his source. There was no verification that defendant was ever known as "Snake." O'Connor agreed that no fingerprints were taken at the scene. He knew nothing about a white hat recovered by Ivy.

                [166 Ill.Dec. 526] did not try to verify the information.  Poole testified further that, although they were looking for a person with the nickname "Snake," Poole never asked defendant or otherwise verified whether he was known as "Snake."   No fingerprints were taken from the counter or cash register at the store.  Poole did not know there had been a white hat recovered by Ivy during the incident.  Poole never sought out and interviewed Randolph Cassell, a security guard working across the street from Hassan's store on the day of the robbery, although Cassell purportedly saw Hassan chasing a man after the robbery.  Poole did not seek out the regular customer who entered the store during the robbery.  Defendant's residence was five or six blocks from 48th and Langley.  Poole's police report stated that defendant had a dark complexion;  weighed 160 pounds [according to defendant];  and was 29 years old
                

Barry Elmore testified for defendant that he was a friend of defendant's. He worked as a grammar school music teacher. He had known defendant for 12 or 14 years. He met defendant when they both worked for the Neighborhood Youth Corps. He later hired defendant to work as a sales clerk in a record...