People v. Mitchell
| Decision Date | 27 October 1987 |
| Docket Number | No. 85-1434,85-1434 |
| Citation | 516 N.E.2d 500,163 Ill.App.3d 58,114 Ill.Dec. 345 |
| Parties | , 114 Ill.Dec. 345 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Maurice MITCHELL, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Richard M. Daley, State's Atty., Chicago (Thomas V. Gainer, Jr., Marie Quinlivan Czech, of counsel) for plaintiff-appellee.
Maurice Mitchell was charged by information with the murder of his wife Debra Mitchell, and with armed violence. Following a jury trial, Maurice was convicted of murder and he received a 40 year sentence, from which he appeals. We affirm.
During voir dire, Maurice made two motions for a mistrial based on the following grounds: (1) that the People systematically excluded blacks from the jury; and (2) that the trial judge denied a defense request "that the jurors be asked whether they belong to any organizations dealing with social services for women and children."
After the jury was selected, the People agreed not to "bring out any conversations that go towards the incidents that may have occurred between the defendant and the victim either before the death of Deborah [sic] Mitchell or immediately thereafter; but we will reserve the right to use this in rebuttal, all of the conversations." Additionally, the trial court allowed the defense's motion in limine to bar the People from introducing evidence of an altercation on May 11, 1983, between Maurice and Debra, although the defense was permitted to bring out the details of the incident in order to "show bias."
Andrew Coats, Debra's father, testified that although on December 3, 1983 Debra was married to Maurice, she lived separately from her husband, at Coats' apartment, and had done so since an incident occurred between Debra and Maurice on May 11, 1983. On December 3, 1983, at 1:30 a.m., Coats was watching television in his bedroom when Debra and Maurice entered the apartment. Coats returned to his bedroom with Debra, who was crying. Meanwhile, Maurice was sitting in the kitchen. At this time, Maurice said to Debra, "This is going to be your last night." Coats told the couple that he did not want to hear any arguments between them because he had a headache, and that they should go to bed. When Debra left her father's bedroom on the way to her bedroom, she passed through the kitchen. Coats testified that Maurice said to Debra, Debra and Maurice then went to her bedroom.
While they were in the bedroom, Coats heard no voices, but he did hear the sound of bedsprings. Moments later, Maurice came to Coats' bedroom and said: "You better go see your daughter, I think she done cut herself." As Coats watched Maurice leave the apartment, his daughter, who was bleeding profusely, stumbled into the kitchen and fell to the floor. The trial continued as follows:
MR. LEMONS [Assistant Public Defender]: Objection.
During cross-examination, Coats testified that he did not see Maurice with a knife on the night of the killing, and he denied that he took a knife from Debra immediately prior to her death. He also denied that two days after Debra's funeral he told Kathy Mitchell, Maurice's sister, that he had taken a knife from Debra. Finally, he denied telling his friend Josh a few days later at a gas station that he did not know what had happened to his daughter because he was on medication. During re-direct examination, the following occurred:
Officer Patricia Warner of the Chicago police department testified that she investigated the scene of the crime on December 3, 1983. She noticed that Debra had a long gash on her neck and a wound on the back of her right hand, but no weapon was found.
Shirley Ivy, Maurice's girl friend for two years, was the next witness. A defense objection was sustained when the prosecution asked if Ivy had ever observed Maurice carrying a weapon. On December 3, 1983, at 3 a.m., Maurice came to Ivy's house and asked her to take him to the bus station. While he was waiting for Ivy to get ready to leave, Maurice pulled a black folding knife out of his pants and wiped it on them.
Ivy then drove Maurice to the bus station where he bought a ticket to Detroit. She testified that during the drive to the station, Maurice again displayed the knife, and told her that he had been in a fight with Debra's brother and two other people, one of whom had a gun. Therefore, he took the gun and shot all three of them, after which Debra came at him with a knife and cut herself. At the station, Maurice told Ivy that he cut Debra and killed her during a fight. During cross-examination, Ivy testified that she called the police about the case on December 5, 1983, and on December 7, 1983.
Prior to the testimony of Debra's mother, Susie Coats, the trial court reiterated that the motion barring evidence of prior altercations between Maurice and Debra remained in effect. During Susie Coats' testimony the following exchange occurred:
A subsequent motion for a mistrial due to this exchange was overruled by the trial judge.
Officer Peter McManamon of the Chicago police department testified that he investigated the scene on the morning of December 3, 1983, and he recounted the statements Coats made to him. The following ensued:
Dr. Tae An testified that her autopsy of Debra revealed that she had a laceration from the left side to the right side of her throat, which severed the jugular vein and lacerated the larynx. She also discovered a wound on the back of Debra's right hand.
The initial defense witness was toxicologist Michael Schaffer, who testified that an examination of Debra's blood for alcohol was positive for 300 milligrams percent ethanol. Schaffer stated that the standard for intoxication in driving cases in Illinois is 100 milligrams percent ethanol.
Coats' friend Curtis Connors testified that he knew Kathy, Maurice, Coats, and Josh. At a gas station in December of 1983, he heard Coats tell Josh that he did not know what had happened to his daughter that night because he was asleep. Moreover, that same day Connors told Kathy about the gas station conversation.
Maurice testified that he spent most of December 2, 1983, with Debra, and that they drank bourbon throughout the day. Maurice stated that Debra drank a lot, and they fought only when she was drunk. For example, Maurice testified that in June of 1983, Debra attacked a woman named Lala with a steak knife after accusing Maurice On their way home to Debra's house on December 3, 1983, Maurice and Debra stopped at a bar for more to drink. When Maurice wanted to leave, Debra became angry because she wanted to stay. Maurice testified that they went to Coats' house, and when Maurice announced that he was leaving, Debra picked up a butcher knife and said, "You're fixing to go to one of your B's house [sic]." Coats disarmed her and said he did not want to hear any arguing. Maurice then testified that his statement to Debra that it was her last night meant that he would not take her out anymore. Coats asked them to go to bed, and returned to his bedroom.
[114 Ill.Dec. 349] of spending the night with Lala. Maurice stepped between [163 Ill.App.3d 64] them and Debra struck him in the arm. In August of 1983, Debra attacked a woman named Lenora with a knife. When Maurice stepped between them, he was cut by Debra. On both occasions, Debra had been drinking.
Maurice testified that he went to the bathroom and upon exiting it, Debra came at him with a knife. Maurice grabbed the knife and the pair fell on the bed. While Maurice tried to take the knife away from Debra, she tried to kick him in his "privates," but instead cut herself. Maurice left the bedroom and woke Coats to tell him to check on Debra. Maurice went to the gas station to call the police, but when he thought he saw Debra's brother, he dropped the telephone and ran to Ivy's house. He testified that he did not have a knife at that time. When he arrived at the house, he asked Ivy to take him...
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