People v. Moman

• Decision Date: 29 June 1990
• Docket Number: No. 1-86-3452,1-86-3452
• Citation: 558 N.E.2d 1231,201 Ill.App.3d 293,146 Ill.Dec. 897
• Parties: , 146 Ill.Dec. 897 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony MOMAN, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1231

558 N.E.2d 1231

201 Ill.App.3d 293, 146 Ill.Dec. 897

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony MOMAN, Defendant-Appellant.

No. 1-86-3452.

Appellate Court of Illinois First District, First Division.

June 29, 1990.

Michael J. Pelletier, Deputy Defender, Anna Ahronheim, Asst. Appellate Defender, of the Office of the State Appellate Defender, for plaintiff-appellee.

Cecil A. Partee, Cook County Public Defender, Chicago (Inge Fryklund, Renee Goldfarb, Asst. State's Attys., Laurie N. Feldman, Sp. Asst. State's Atty., of counsel), for defendant-appellant.

Presiding Justice BUCKLEY delivered the opinion of the court:

Anthony Moman (defendant), John Crockett, and Delecta Upshaw were charged with armed robbery (Ill.Rev.Stat.1985, ch. 38, par. 18-2). Prior to trial, the trial court severed Upshaw's case from Crockett's and defendant's, and defendant and Crockett were subsequently tried by a single jury. Defendant appeals his conviction and 12-year imprisonment sentence, contending that (1) he was denied a fair trial by the introduction of a codefendant's out-of-court confession and testimony relating to a confession given by another non-testifying accomplice; (2) the trial court erred in denying his motion to suppress statements because he was not adequately informed of his Miranda rights; (3) he was denied a fair trial by improper prosecutorial remarks regarding defendant's consultation with his attorney; (4) he was denied a fair trial by the admission of evidence of other crimes; (5) he was denied a fair trial by the prosecutor's failure to disclose certain information in discovery regarding defendant's confession; (6) he was denied a fair trial by certain prosecutorial comments made during closing argument; (7) he was denied a fair trial where the court failed to admonish the jury to refrain from discussing the case; (8) the trial court violated his constitutional right to be free from compelled self-incrimination at the sentencing hearing; and (9) he was denied a fair trial by the cumulative effect of the trial errors.

We affirm.

In the evening of July 9, 1985, 62-year-old Walter Wilkerson, employed as an operator at General Telephone Electric in Northlake, Illinois, drove home after completing the 2 to 10:30 p.m. shift at GTE. Wilkerson parked his car in his mother's garage located at 8158 South Vernon Street in Chicago, and thereafter proceeded to walk the one block to his home. While walking north on the west side of Vernon Street, Wilkerson observed two black men, whom he later identified as Crockett and Upshaw, exit a car parked on the east side of the street and cross the street.

Crockett and Upshaw walked a few feet behind Wilkerson. Wilkerson heard them discuss the location of an address and observed them walk toward a building each time he would pause. A third person then appeared in front of Wilkerson at approximately a one-foot distance, pointed a nickel-plated pistol at his head, and stated, "[p]unk, don't move." Crockett and Upshaw grabbed Wilkerson, one on each side of him, and wrestled him to the ground. The gunman ripped off the left leg of Wilkerson's trousers, took a wallet containing more than $400 from the pocket, and stated "I got it." The three individuals then fled around the corner. Wilkerson subsequently called the police and gave them a report upon their arrival at his home.

Police arrested Crockett and Upshaw on July 19, 1985, and defendant was arrested on July 20, 1985. Defendant, Crockett, and Upshaw participated in a lineup conducted on July 21, 1985, from which Wilkerson identified Crockett and Upshaw as perpetrators of the crime.

Prior to defendant's and Crockett's trial, defendant presented numerous motions to the trial judge. The trial judge denied defendant's motion to quash arrest and suppress statements for lack of probable cause to arrest him, denied his motion to suppress statements on grounds of involuntariness and failure to comply with Miranda requirements, denied his motion for severance from codefendant Crockett on grounds that their defenses were antagonistic and that Crockett's statements implicated him, denied his motion to redact the references to him in Crockett's statement, although it granted his motion to redact references to other crimes in the statements, and denied his motion to bar the State from impeaching him with a 1981 robbery conviction.

At trial, following Wilkerson's testimony regarding the July 9 incident, Chicago Police Captain Thomas Faragoi testified regarding the July 19, 1985 arrests of Crockett and Upshaw. At 3:30 a.m. on July 19, he observed four individuals inside a 1970 blue Chevy parked at an all-night gas station. He followed the car in his marked squad car to 79th and Ashland Avenue to obtain its license plate number, which was "Illinois ZRI 194." Over defendant's objection, Faragoi testified that his attention was drawn to the car because he had heard four or five days earlier that a car fitting that description and bearing license plate number ZR 1194 was being sought in connection with an armed robbery. Faragoi stopped the car and the driver and the front passenger fled when he attempted to apprehend the occupants. Faragoi arrested Crockett and Upshaw, the back seat passengers.

Prior to the testimony of Chicago Police Detective Ray Madigan concerning his interview with Crockett and Upshaw at the police station on July 19, 1985, the trial judge denied defendant's motion that the court instruct the jury to give "separate consideration" to each defendant because the jury had been instructed on three prior occasions to this effect and would later be instructed at the close of the case.

Madigan testified that he interviewed Crockett and Upshaw for approximately three hours on July 19 about matters other than the Wilkerson robbery. On the following day, July 20, 1985, Madigan and his partner, Detective Daniel McWeeney, searched for defendant and Darryl Love. The officers found defendant and an individual named Andre Collins at 56th Street and Calumet Avenue. Both individuals fled upon noticing the officers. Defendant fell and was apprehended by McWeeney, but Collins escaped. Madigan stated that he read defendant his Miranda warnings, and defendant was thereafter taken to the police station.

Madigan further testified that he again read defendant his Miranda warnings in a police interview room before he and McWeeney had a 45-minute conversation with defendant regarding matters other than the Wilkerson robbery. Madigan then spoke with Crockett about the Wilkerson case and other matters for a three-hour period. Madigan subsequently had a conversation with defendant regarding matters other than the Wilkerson case. Afterwards, defendant was taken to the lockup.

Madigan stated that lineups were conducted on July 21 at approximately 11 a.m. Nine individuals participated in the lineup, including defendant, Crockett, and Upshaw. Madigan was present when Wilkerson identified Crockett and Upshaw, as well as when Assistant State's Attorney Patrick McNerney interviewed Crockett and Assistant State's Attorney Diane Romza interviewed Upshaw. Madigan was also present later when McNerney took a court-reported statement from Crockett. Over defendant's objection, Madigan testified that Upshaw also gave a court-reported statement.

Madigan testified that he was again present at approximately 4:30 p.m. when Romza read defendant his Miranda rights and defendant agreed to make an oral statement. Defendant stated that on July 9 he was in a Chevy with "Dirk, Hook, and John." Defendant identified Dirk as Darryl Love, Hook as Delecta Upshaw, and John as John Crockett. Defendant stated that Dirk was in the front seat with a gun, that Hook and John were in the back seat, and that he was driving the car. They were looking for somebody to rob. They drove past an old man, continued one block farther down, at which point Hook, Dirk and John exited the car. The three robbed the old man and returned to the car with $400 to be divided equally amongst them.

Madigan testified that following defendant's statement, Madigan returned to the interview room where Crockett was located and was present when McNerney reviewed Crockett's statement with Crockett. McNerney, defendant, and Madigan each initialed each correction made, including the addition of "Amp" as the driver, and each signed the statement.

On cross-examination, Madigan stated that he did not instruct the lockup keeper to take defendant to the hospital, that defendant fell onto his knees before he was apprehended but he did not indicate this fact in the police report, and that he did not observe any injuries on defendant. Madigan also admitted that the police reports contained no details as to defendant's oral statements, indicating only that defendant admitted to a robbery. Madigan further stated that defendant did not mention a date, time or place of the incident described in his oral statement.

On redirect examination, over defendant's objection, Madigan read from his police report as to a "[c]ourt reported statement from both Crockett and Upshaw, implicating * * * [defendant]. [Defendant] made admission to robbery as well." Following defendant's motion for a mistrial, the court instructed the jury that the purpose of the evidence was to show that a report was in fact filed with a mention by this officer that the defendant made a statement and that it was not offered for the purpose of the truth of the report or statements made therein.

Romza testified over defendant's objection that she took a court-reported statement from Upshaw on July 21 prior to interviewing defendant. She then interviewed defendant, first identifying herself as a prosecutor and working for the police, and then advising defendant of his Miranda rights from a printed form. Defendant agreed to make an oral statement, but refused to sign a written statement or make a court-reported...