People v. Lane

• Decision Date: 02 February 2010
• Docket Number: No. 5-08-0273.,5-08-0273.
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Emmett LANE, Jr., Defendant-Appellant.
• Court: United States Appellate Court of Illinois

922 N.E.2d 575 The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Emmett LANE, Jr., Defendant-Appellant. No. 5-08-0273. Appellate Court of Illinois, Fifth District. February 2, 2010.

[922 N.E.2d 576]

Michael J. Pelletier, State Appellate Defender; Gary R. Peterson, Deputy Defender; Jacqueline L. Bullard, Assistant Appellate Defender; Office of the State Appellate Defender, Fourth Judicial District, Springfield, IL, for Appellant.

Donna McCann, State's Attorney, Mound City, IL, Patrick Delfino, Director; Stephen E. Norris, Deputy Director; Patrick D. Daly, Staff Attorney; Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

The defendant, Emmett Lane, Jr., was convicted of murder and attempted murder following a shooting in the parking lot of a nightclub. Both victims were United States Army staff sergeants on leave from Fort Campbell, Kentucky, at the time of the shooting. Three State witnesses, including the surviving victim, testified at the defendant's trial wearing their military uniforms. The defendant filed a petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2006)), arguing that (1) the trial court erred in denying his motion in limine to prohibit the State's witnesses from testifying in uniform and (2) he received ineffective assistance of appellate counsel because counsel failed to raise this issue on direct appeal. He appeals an order denying his petition after a hearing. We affirm.

On October 17, 2004, the defendant was charged by information with first-degree murder, attempted first-degree murder, aggravated robbery, and burglary. The charges stemmed from an altercation that had taken place in the parking lot of Club 37, a Pulaski County nightclub, in the early morning hours. The altercation escalated, culminating in the shootings of Alfonza Beasley and Floyd Lewis by the defendant. Beasley was shot twice in the head and died as a result of his injuries. Lewis was shot once in the chest and once in the neck but survived. The defendant maintained that he acted in self-defense.

On March 15, 2005, just prior to the trial, the defendant filed a motion in limine seeking to prohibit the State's witnesses from wearing military uniforms at the trial. He argued that the witnesses would give testimony about events that were unrelated to their military service and that the uniforms could significantly prejudice the defendant at a time when the country was at war in Iraq.

On March 21, the State filed a response to the motion in limine. The State argued that (1) the defendant's motion failed to offer any rationale to support its assertion that the uniforms would be prejudicial, (2) military dress uniforms are the equivalent of civilian business suits, (3) the few courts to address this issue have permitted members of the military to testify in uniform, and (4) the issue is analogous to the question of whether to permit police officers to testify in uniform, something Illinois courts have found to be permissible (see, e.g., People v. Beil, 76 Ill.App.3d 924, 930, 32 Ill.Dec. 290, 395 N.E.2d 400, 404-05 (1979)). Attached to the State's response

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was an affidavit signed by assistant Attorney General Daniel Kay, who is an Army reservist. He averred that military dress uniforms are considered to be the equivalent of a business suit. He further averred that when active-duty members of the military testify in a military court, they are expected to wear their dress uniforms as a sign of respect for the court. Kay did not say whether the same principles apply to active-duty members of the military testifying in civilian court.

At the defendant's March 2005 trial, witnesses gave differing accounts of how the events leading up to the shootings unfolded. Private Lester Easley testified that he knew both Sergeant Lewis and Sergeant Beasley because they all served in the same platoon. Beasley was Easley's supervisor, and he was friends with both men. The events at issue took place at a birthday party for Cenethia Mackins, who was a friend of Easley. Mackins invited Easley to her party, and Easley invited Lewis to come with him. Lewis brought along Beasley.

Easley testified that he arrived at Cenethia Mackins' home at approximately 7:30 on the evening of October 16, 2004. Several guests were gathering there prior to the party, which was to be held at Club 37, a local nightclub, later that evening. Easley did not arrive with Lewis and Beasley because he had driven from Fort Campbell, Kentucky, to his father's home near Mounds, Illinois, the previous night. When Easley arrived at Mackins' home, several guests were already there, including Lewis and Beasley. Three other guests who would play a role in the events leading up to the shooting were also there when Easley arrived: Iesheka Maxwell, Derrick Tucker, and Rashawn Davis. Tucker is the defendant's cousin. The defendant was not at Mackins' house before the party. Easley testified that all of these guests were drinking alcohol when he arrived.

Easley further testified that Rashawn Davis asked Lewis, an avid gun collector, whether he had any weapons with him. Lewis went to his truck with Davis, Easley, and Tucker to show them the two guns he had brought with him—a pistol and a rifle. Tucker then showed the men a 9-millimeter handgun he was carrying. According to Easley, Lewis then brought the rifle into the house so he could show it to other guests. However, Iesheka Maxwell saw the rifle and told Lewis not to bring it into the house; Lewis therefore locked both guns in his truck.

At some point, the guests left Mackins' house and drove in a convoy to Club 37, where they met up with other partygoers. After a few hours there, Beasley and Lewis told Easley they were leaving. The two left together after saying goodbye to Easley. A few minutes later, however, Lewis came back into the club and informed Easley that someone had broken into his truck and stolen his pistol. Easley went outside with Lewis to look at the truck. Lewis asked if Easley knew where Rashawn Davis was. Davis was the guest who had asked to see his guns. Easley told Lewis that he would look for Davis, and he returned to the club to try to find him, leaving Lewis outside with Beasley. Easley found Davis quickly and asked if Davis knew anything about the break-in. Davis said that he had "heard about it" but that he did not know anything more about what had happened. Easley stated that he then went back out to the parking lot.

At this point, according to Easley, approximately 25 to 35 people were in the Club 37 parking lot. He testified on direct examination that Beasley and Lewis were "just talking among the crowd" and asking if anyone knew who had broken into the truck. On cross-examination, however, he

922 N.E.2d 578

admitted that Beasley and Lewis were actually yelling and cursing at the crowd. He further admitted that Beasley shouted, "You all some bitch ass niggers for breaking in my boy's truck without us looking." Easley attempted unsuccessfully to calm Beasley and Lewis.

The defendant and Tucker approached the group together. Lewis asked them if they knew anything about who had broken into his truck, and a heated exchange ensued. Lewis, Beasley, Tucker, and the defendant were all agitated but did not engage in any physical violence at this point. Easley stepped between Lewis and the defendant and pushed them apart.

According to Easley, Tucker then pulled out his 9-millimeter pistol and pointed it at Beasley. Beasley stepped back and pulled out Lewis's M4 rifle. Both Easley and Lewis testified that prior to this time, they had not realized that Beasley had taken the rifle from the truck. Their testimony relating to how Beasley was able to hide the rifle on his person was not entirely clear. Easley described the gun as being "wrapped in one of the shirts [that Beasley] was wearing." He testified that Beasley unwrapped the rifle, charged a round to the chamber, and pointed the rifle at Tucker. Beasley then pointed the gun down toward the ground and used his other hand to attempt to push Tucker's gun away. The defendant came up from behind Beasley and attempted to "snatch" the rifle from his hand. There was a brief struggle while Beasley attempted to hold onto the weapon, but the defendant managed to take it.

Easley testified that the defendant shot Beasley in the head. After Beasley fell to the ground, the defendant stood over him and fired a second shot. He then turned toward Lewis and fired a shot at him. Lewis fell, the defendant shot him a second time as he lay on the ground, and then the defendant ran away.

Floyd Lewis also testified for the State. His testimony was mostly consistent with Easley's. Lewis testified that he and Beasley drove from Fort Campbell to Illinois for Cenethia Mackins' party, arriving at her home at 6:30 in the evening. Several guests were already present, although the party had not yet started. Easley was not at the house when they arrived; he arrived later. The defendant was not there either; they first encountered him at Club 37. Lewis testified that he and Beasley had brought several different types of liquor as a birthday present for Mackins. With the exception of Easley, who does not drink alcohol, all the guests who gathered at the house before the party were drinking the liquor they brought.

At approximately 7:30 p.m., Rashawn Davis asked Lewis whether he had any weapons with him. Lewis explained at the trial that he collects guns. He had brought two of his guns with him—an M4 rifle and a Springfield 1911 semiautomatic pistol. He testified that he had brought the guns mainly to show them off, although Easley's father had also invited him to use them for target-shooting on his rural property. The guns were locked in the back of his truck. When Davis asked to see them, Lewis went to the truck with...