People v. Melton
| Decision Date | 05 July 1996 |
| Docket Number | Nos. 1-94-2308,s. 1-94-2308 |
| Citation | 217 Ill.Dec. 795,282 Ill.App.3d 408,667 N.E.2d 1371 |
| Parties | , 217 Ill.Dec. 795 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mayfay MELTON, Cassandra Melton, Maxine Melton, Diana Melton, Denise Melton, and Gregory Turner, Defendants-Appellants. to 1-94-2312 and 1-94-2424. |
| Court | United States Appellate Court of Illinois |
Jack O'Malley, State's Attorney of Cook County, Chicago, for appellee.
Following a bench trial, defendants, Mayfay, Cassandra, Maxine, Diana, and Denise Melton (sisters) and Gregory Turner were convicted of multiple counts of endangering the health of a child and contributing to the dependency and neglect of a child. Maxine Melton was sentenced to a term of imprisonment. All other defendants were sentenced to probation and a term of imprisonment.
On appeal, defendants argue that their convictions for endangering the health of a child must be reversed since defendants were charged, tried and convicted under a prior version of the endangerment statute not in effect at the time of the events alleged in the complaint; that the State had not proved their guilt beyond a reasonable doubt; that the admission of certain hearsay statements denied them their right to a fair trial; and that their convictions under both the endangerment and neglect statutes violate the one-act-one-crime doctrine. For the reasons set forth below, the judgment of the trial court is affirmed in part and vacated in part.
From November 1993 to February 1, 1994, five sisters, Cassandra, Denise, Diana, Maxine and Mayfay Melton, their mother (Josephine Melton), a brother (Johnnie Melton), and Gregory Turner, Sr. resided in the first floor apartment at 219 North Keystone, Chicago, along with 19 children, ranging in age from 17 months to 14 years.
At approximately 10:30 p.m. on February 1, 1994, Chicago Police Officers Sarpalius, Warner, Labiak and Kasupski, acting on information that drugs were being sold from this address, arrived at the apartment and spoke to Maxine Melton at the door. She advised the officers that no drugs were being sold, but that they "can look."
Upon entering the apartment and observing living conditions which the trial court would later describe as "barely fit for animals", Officer Sarpalius called for a supervisor.
Subsequently, additional units were called to assist in the transport of the 19 children to a facility of the Department of Children and Family Services. An evidence technician was also called.
At approximately 11:30 p.m., Josephine Melton arrived. She told police that she lived there, and that she did not know where the other residents were, but could find them. At approximately 1:00 a.m. she returned with three of her daughters, Cassandra, Mayfay and Denise, but they were refused entry by the police. The removal of the children from the apartment was completed by 2:00 a.m.
Appellants, along with Johnnie Melton, were subsequently charged with multiple counts of child endangerment and contributing to the dependency and neglect of a child. At a bench trial, police officers testified for the State to the foregoing facts and as to the condition of the apartment and the children on the night of February 1, 1994. Specifically, upon entering the apartment that evening, two small children were observed sitting on the floor next to a radiator. The window next to the radiator was broken and when Officer Sarpalius asked Maxine Melton why she didn't move the child, she replied, "It's not my child."
In the living room, the police observed four or five children, clothed only in dirty underwear and diapers, huddled on a bare, filthy More children were found in the dining room, sleeping on another bare, filthy mattress. These children were also clothed in only dirty underwear and diapers. Cockroaches were crawling on the dirty blanket that covered them. There was only one dirty and stained pillow in the areas where the children were sleeping. There was a hole in the wall of the dining room with an electrical cord running through it, which was attached to a television. The cord was a foot or two from the mattresses.
[217 Ill.Dec. 799] mattress, covered with a dirty blanket. Other children were sleeping on a blanket on the floor, also covered by a single dirty blanket. One of the children was naked. Maxine Melton stated that she did not know how many children were in the apartment, although five of them were hers, nor did she know where the other children's mothers were.
One of two bedrooms was occupied by Gregory Turner, who was found lying in bed watching TV. Turner told police that Gregory, Jr. was his son. The other bedroom belonged to Johnnie Melton. Both bedrooms had mattresses with sheets and blankets cleaner than what police observed in the living room and dining room.
The bathroom was filthy. The light fixture did not work. The cold water faucet in the sink could not be shut off. There were no towels, soap, shampoo, toothpaste or other toiletries, other than a single roll of toilet paper and a jar of unidentified cream.
The kitchen floor was covered with garbage, including grease and bones. Subsequent to the arrival of the police, Lavelle Melton, the 14-year old, with help from Maxine Melton, tried to clear some of the garbage off the kitchen floor with a snow shovel. The sink was full of dirty, crusty dishes and empty milk containers. All of the food in the refrigerator, which was infested with cockroaches, was stale and rotten. The kitchen stove was covered with grease, inside and outside. The pantry contained some canned goods, but cockroaches crawled in and out of open boxes of rice and cereal, as well as up and down the shelves and walls.
There were piles of dirty, damp and crusty clothes all over the apartment and the police had difficulty finding clean clothes that fit the children. Maxine Melton dressed her own children, but could not tell police where clothes could be found for the others. Shoes and socks could not be found for most of the children, nor could clean diapers. Officer Gutierrez had to shake cockroaches off the clothes during her search. Some of the children were dressed in adult windbreakers which the police found in the apartment.
There were no smoke detectors. The paint on the walls was peeling. There were no school supplies or books. The children had terrible body odor.
Also testifying for the State was Debra Wright, the prior tenant. She resided in the Melton apartment from June 1992 until February 1993. She testified that at the time she vacated the apartment, to take the larger one upstairs, it was in nice condition. She had repainted the living room and dining room, there were no holes in the walls, and the landlady was quick to respond if there were problems. She also stated that she had cockroaches in her apartment, and that she was eventually evicted after a building inspector viewed the premises. She further testified that at least once a month she saw people carrying groceries into the Melton apartment.
The parties stipulated that all five sisters, as well as two other members of the household, received public aid and food stamps, and that the combined monthly and annual income for the household from these sources were $5,496 and $65,952, respectively. The poverty level for this size household was $71,340.
The parties further stipulated that Lavelle Melton, the 14-year old, was not enrolled for the 1993-94 school year, and that for the period November 15, 1993 through January 1994, Dominick Melton, Claudell Melton, and Johnny Melton (three of Maxine's children) had been absent from school 25, 17 and 13 days respectively, and that Leon Melton (one of Mayfay's children) had been absent for 26 days.
Lavelle Melton, Sabrina Smith, and Cassandra Henderson Melton testified on behalf of defendants. Lavelle stated that when he Sabrina Smith, a lifelong friend of the Meltons, generally testified as to the condition of the apartment in March 1993. She noticed that it needed painting and that there were patched holes in the walls.
[217 Ill.Dec. 800] went to sleep on February 1 there was no garbage, and it was only after the police arrived that the garbage appeared. He admitted that his mother would sometimes be gone for days.
Cassandra Henderson Melton, a cousin, testified that she took Maxine shopping every month, since Maxine did not have a car. She testified in great detail as to the numerous food and other household items that were purchased on their most recent trips on January 20 and 21, 1994. She stated that some of the food was stored at her house, since there was not enough room in Maxine's apartment. Cassandra also testified that she went clothes shopping with her cousins on a monthly basis and that her cousins used a public laundromat since they did not own a washing machine.
Cassandra testified that on February 2, 1994, Denise called and Cassandra took her to the police station. Thereafter, Cassandra, her husband, and Josephine Melton returned to the apartment. They entered through the back door; the front was nailed shut. She testified that the kitchen was torn up, the house was demolished and there was garbage all over the floor. Although clothes were strewn about, clean clothes and diapers were visible.
Finally, Cassandra testified that at the time Maxine moved in, tile was coming off the kitchen floor and the sink was rusted. Also, wood from the bathroom floor was coming up, and some ceiling tiles were missing. Cassandra stated that Maxine had plastered and repainted the apartment and that on January 29, 1994, when she visited her cousins, there was no trash on the floor and the kitchen was clean.
The trial judge found Johnnie Melton, who was not a father to any of the children, not guilty of all charges. The remaining defendants (appellants h...
To continue reading
Request your trial
-
People v. Bowens
... ... Instead, the court simply focused on whether the accused's "manifestations," i.e., the acts of firing two gunshots, were sufficiently separate to support both convictions. See also People v. Melton, 282 Ill.App.3d 408, 421-22, 217 Ill.Dec. 795, 667 N.E.2d 1371, 1381 (1996) (being "mindful of the supreme court's cautionary note in Rodriquez," the court declined to apply the six-part test, and instead elected to focus solely on the defendant's particular conduct to conclude multiple ... ...
-
People v. Jackson
... ... Id ."Only where the defendant demonstrates prejudice will the mere fact that a criminal complaint contains an incorrect citation to the criminal statute be grounds for dismissal of the conviction." People v. Melton , 282 Ill. App. 3d 408, 415, 217 Ill.Dec. 795, 667 N.E.2d 1371 (1996). 13 It is well-settled that where a charging instrument is challenged in a pretrial motion, the charging instrument will be dismissed if it does not strictly comply with the requirements of section 111-3 of the Code. E.g. , ... ...
-
People v. One 1999 Lexus
... ... Moreover, knowledge can be inferred from the facts of the particular case. People v. Holt, 271 Ill.App.3d 1016, 1025, 208 Ill.Dec. 515, 649 N.E.2d 571 (1995). Therefore, one need not admit knowledge for the trier of fact to conclude that he or she acted knowingly. People v. Melton, 282 Ill. App.3d 408, 417-18, 217 Ill.Dec. 795, 667 N.E.2d 1371 (1996) ... Here, the claimant testified that Massey lived with him. They apparently had a close relationship and the claimant knew important details about Massey's life. He knew that Massey did not own a car. He knew ... ...
-
People v. Tellez-Valencia
... ... Dunskus, 282 Ill.App.3d 912, 917, 218 Ill.Dec. 306, 668 N.E.2d 1138 (1996) ("An error in the citation of the statute giving rise to the charge is merely a formal defect that is subject to amendment"); People v. Melton, 282 Ill.App.3d 408, 415, 217 Ill.Dec. 795, 667 N.E.2d 1371 (1996) ("Although the statute cited in the charging documents was no longer in effect, the criminal offense of child endangerment was still embodied in the Criminal Code. Accordingly, defendants' claim that they were convicted of a ... ...