People v. Moore
| Decision Date | 15 August 2014 |
| Docket Number | No. 1-12-3480,1-12-3480 |
| Citation | 2014 IL App (1st) 123480 -U |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. COREY MOORE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from the Circuit Court of Cook County.
Honorable Mary Margaret Brosnahan, Judge Presiding.
¶ 1 Held: We affirmed the second-stage dismissal of defendant's amended postconviction petition where the claims of ineffective assistance of counsel contained therein had already been adjudicated on direct appeal and were barred by res judicata. We affirmed the second-stage dismissal of defendant's supplemental postconviction petition alleging a Brady violation where defendant failed to make a substantial showing thereof.
¶ 2 Defendant, Corey Moore, was convicted after a bench trial of the armed robbery and first-degree murder of Lonnie Williams, and the attempted first-degree murder of Melanie Williams. The trial court sentenced defendant to natural life in prison for the murder, and to two concurrent 30-year terms of imprisonment for the attempted murder and armed robbery. In a subsequent bench trial, defendant was convicted of the first-degree murder and aggravated unlawful restraint of his girlfriend, Kimberly Fort, and was sentenced to death. After exhaustinghis direct appeals, defendant filed an amended postconviction petition seeking relief from the convictions and sentences in both cases. In pertinent part, defendant claimed his trial counsel provided ineffective assistance by: (1) failing to call him to testify in support of his motion to suppress statements in both cases; (2) deliberately misrepresenting to him that he would not receive a death sentence if he waived a jury and elected a bench trial in both cases; and (3) failing to investigate "important witnesses and significant evidence" in both cases. Defendant subsequently filed a supplemental postconviction petition, adding a claim that the State had committed a Brady violation in connection with both cases. The trial court dismissed defendant's amended and supplemental postconviction petitions at the second stage of postconviction proceedings. Defendant appeals the second-stage dismissal of his amended and supplemental postconviction petitions, contending the trial court erred as the petitions made a substantial showing of ineffective assistance of counsel and of a Brady violation. We affirm.
¶ 5 In case number 97 CR 1779, defendant was charged with murder, attempted murder, and armed robbery for a September 1996 incident in which defendant was alleged to have robbed and killed Lonnie Williams (Lonnie), and attempted to kill Melanie Williams (Melanie). In case number 97 CR 1780, defendant was charged with murder, aggravated kidnapping, and aggravated unlawful restraint for a November 21, 1996, incident in which defendant was alleged to have killed his girlfriend, Kimberly Fort (Kimberly).
¶ 6 On April 20, 1998, defendant filed an amended motion to suppress statements in both cases. In pertinent part, the amended motion to suppress alleged his statements in both cases were involuntary because they were given only as the result of physical and mental coercion.
Specifically, defendant alleged he gave the statements only after he had been threatened, physically slapped and punched, denied sleep, and subjected to excessive detention/isolation. Defendant further alleged that the "physical assault included blows to the face and stomach, following the line-up at Area 2," and that Assistant State's Attorney (ASA) Rogers coerced him into making statements by promising that he would not receive the death penalty if he did so.
¶ 7 At the hearing on the suppression motion, Detective Andrew Abbott testified that he and Detective William Morrissette spoke with defendant at about 9:30 a.m. on December 12, 1996, at the Area 2 police station. Detective Abbott advised defendant of his Miranda rights and he stated he understood them. The detectives then had a short conversation with defendant about Kimberly's murder. At approximately 11:30 a.m. on December 12, 1996, defendant was placed in a line-up. Detective Abbott had a second conversation with defendant at about 6 p.m. on December 12, 1996, at the Area 2 police station and defendant, again, was given his Miranda warnings.
¶ 8 Detective Abbott testified that during their two conversations, defendant appeared to be relaxed, alert, and coherent, and gave no indication that he was unable to understand his Miranda rights. Detective Abbott denied defendant was physically assaulted by any officer, and he specifically denied defendant was struck in the face and stomach after he appeared in the line-up. Detective Abbott stated that during their conversations, defendant did not ask to speak to an attorney, or to family members. Detective Abbott denied depriving defendant of sleep, or of excessively isolating him.
¶ 9 ASA Mike Rogers testified he arrived at the Area 3 police station shortly before 2 a.m. on December 12, 1996, and spoke with Detective Mark Reiter and ASA Jeff Nesland. ASA Rogers learned that defendant was in custody, and he spoke with defendant at about 2 a.m. after givingdefendant his Miranda warnings. Defendant stated he understood his Miranda rights. ASA Rogers questioned defendant about Lonnie's murder, and defendant denied any involvement. ASA Rogers told defendant that Melanie was implicating him in the murder and that defendant's cousin had stated defendant had tried to get rid of the same type of gun which had been used in the murder. Defendant told ASA Rogers that he did not want to speak with him anymore, and the interview ended.
¶ 10 ASA Rogers testified that at about 6:30 p.m., on December 12, 1996, he went to the Area 2 police station in regard to the investigation of Kimberly's murder, and learned from Detectives Morrissette and Abbott that defendant was now in custody there. ASA Rogers spoke with defendant at about 6:45 p.m. and advised him of his Miranda rights again, which defendant stated he understood. ASA Rogers then told defendant he had been implicated in Lonnie's and Kimberly's murders, and ASA Rogers asked defendant whether he would take responsibility for his actions. Defendant began crying and stated: ASA Rogers and defendant engaged in a 15- to 20-minute conversation about the murders.
¶ 11 ASA Rogers testified that he asked defendant how he had been treated, and defendant stated that he had been treated with respect. ASA Rogers asked defendant whether any threats or promises had been made to him in exchange for his statements, and defendant said no.
¶ 12 ASA Rogers testified that in the early morning hours of December 13, 1996, defendant gave two court-reported statements regarding Lonnie's and Kimberly's murders. ASA Rogers was present for the taking of both statements. While in police custody, defendant was given food, drinks, and cigarettes, and he was allowed to use the bathroom. ASA Rogers denied making any threats or promises to defendant.
¶ 13 Defendant presented no witnesses at the suppression hearing, and the State moved for a directed finding arguing that the defense had "offered no evidence whatsoever to substantiate any of their allegations." The trial court ruled the State had met its burden of proving the voluntariness of defendant's statements, and denied defendant's motion to suppress.
¶ 14 Bench trials for each case were held sequentially in the spring of 1999, beginning with the trial in Lonnie's case. Before the start of the trial in Lonnie's case, defense counsel told the court that he had explained to defendant "the differences and the consequences of waiving his right to a jury, and he has executed a jury waiver for both cases, 1779 [Lonnie's case] and 1780 [Kimberly's case] as to trial phase and as to sentencing." Defendant acknowledged to the court that he understood he had a right to a jury trial, for both trial and death penalty sentencing, and that he was giving up that right. The record on appeal contains written jury waivers for both cases, signed by defendant, waiving his right to a jury during trial and during any death penalty hearing.
¶ 15 B. Bench Trial-Lonnie Williams Case (97 CR 1779)
¶ 16 Melanie testified that in September 1996, she lived with her boyfriend, Lonnie, on the second floor of an apartment building at 3020 North Hoyne Avenue in Chicago. They were also business partners in a Baskin-Robbins ice cream store (Baskin-Robbins store) located at 8601 South Cottage Grove Avenue in Chicago. After several armed robberies at the Baskin-Robbins store, Lonnie hired defendant in late July or early August 1996 to act as security. Lonnie fired defendant three weeks later because he repeatedly failed to show up for work.
¶ 17 Melanie testified that on September 3, 1996, she and Lonnie closed up the Baskin-Robbins store and drove home. Lonnie brought with them a bag containing money from the store's sales for the week. They arrived home around 10:25 p.m. After parking the car, Lonnieexited the vehicle first and walked to the front of the building, which has a porch and five to six steps leading up to the building. Melanie retrieved her purse from the back of the car and then followed Lonnie to the porch.
¶ 18 Melanie testified that as she approached the porch, she was grabbed on the left side by defendant. Melanie turned toward defendant and saw that he was holding a semi-automatic gun to her head. Melanie screamed, and defendant told her to be quiet. Defendant walked Melanie up the inner staircase toward the second-floor apartment. Melanie saw Lonnie at the top of the stairs....
To continue reading
Request your trial