People v. Mulero
| Decision Date | 22 May 1997 |
| Docket Number | No. 78932,78932 |
| Parties | , 223 Ill.Dec. 893 The PEOPLE of the State of Illinois, Appellee, v. Marilyn MULERO, Appellant. |
| Court | Illinois Supreme Court |
Charles M. Schiedel, State Appellate Defender-Sup. Ct. Unit and John J. Hanlon, Asst. State Appellate Defender, Springfield, for Marilyn Mulero.
Richard A. Devine, State's Attorney Cook County, Crim. Appeals Div., Jim Ryan, Attorney General, Criminals Appeals Div, and Carol L. Gaines, Assistant State's Attorney, Chicago, for the People.
Defendant, Marilyn Mulero, was charged by indictment in Cook County with four counts of murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1992)), two counts of conspiracy to commit murder (720 ILCS 5/8-2, 9-1 (West 1992)) and one count of unlawful use of a firearm by a felon (720 ILCS 5/24-1.1 (a) (West 1992)), arising out of the May 12, 1992, shooting deaths of Jimmy Cruz and Hector Reyes. Defendant subsequently pled guilty to the four counts of murder. The trial court accepted defendant's guilty pleas and entered findings of guilt on all four counts of murder. Finding that certain counts merged with others, the trial court entered judgment on two counts of intentional murder.
Defendant requested a jury for her capital sentencing hearing. The jury found defendant eligible for the death penalty based upon two statutory aggravating factors (720 ILCS 5/9-1(b)(3), (b)(11) (West 1992)). After considering the evidence in aggravation and mitigation, the jury found that there were no mitigating factors sufficient to preclude imposition of the death penalty. Accordingly, the trial judge sentenced defendant to death. Defendant's death sentence has been stayed pending direct review by this court. Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d Rs. 603, 609(a).
For the reasons that follow, we affirm defendant's convictions for murder but vacate defendant's sentence of death and remand for a new sentencing hearing.
On May 12, 1992, Jimmy Cruz and Hector Reyes were murdered in Humboldt Park, in Chicago, Illinois, at approximately 12:15 a.m. Defendant, who was 21 years of age, was arrested on May 13, 1992. On May 14, 1992, defendant gave a court-reported statement to the police and an assistant State's Attorney. After waiving her Miranda rights, defendant was asked about the events that occurred on May 12, 1992. In her statement, defendant indicated that she belonged to the Maniac Latin Disciples gang. Defendant stated that on May 11, 1992, she, Jacqueline Montanez and Madeline Mendoza, who were 15 and 16 years of age respectively, decided to shoot some members of the Latin Kings, a rival gang. The shootings were to avenge the death of a friend named Mudo, who was killed by some Latin Kings a couple of days earlier. Defendant stated that she obtained a small silver automatic gun to carry out the shootings. Defendant borrowed her brother's car and drove Montanez and Mendoza to look for some Latin Kings. They encountered Cruz and Reyes, who were Latin Kings, in another car. The three women and the victims all agreed to go to Humboldt Park. Defendant stated that she intended to kill Cruz and Reyes in the park. At the park, the group walked to the area of a public bathroom. According to defendant, Montanez went into the bathroom and shot Reyes, with the gun defendant had provided, while defendant remained outside. Montanez On June 19, 1992, defendant was charged with the murders and conspiracy to commit the murders. Montanez and Mendoza were also charged with multiple counts of murder and conspiracy to commit the murders.
[223 Ill.Dec. 896] left the bathroom and gave defendant the gun. Defendant then shot Cruz in the back of the head. Defendant, Montanez and Mendoza then drove away. Both victims died of the gunshot wounds.
On February 26, 1993, defendant filed a motion to suppress her May 14, 1992, statement to the police. In her motion to suppress, defendant alleged the following: (1) she was not properly informed of her rights pursuant to Miranda; (2) she did not understand those rights; (3) she was not provided with an attorney after requesting to speak with one; and (4) the police psychologically coerced her into making a statement. At the suppression hearing, defendant testified that, after she was arrested and asked what happened in Humboldt Park, she told the police she did not know anything about the murders. Defendant further testified that she confessed to the crimes only after the police "coerced" her to do so. After considering all the evidence presented at the suppression hearing, the trial court denied the motion.
On September 27, 1993, defendant entered a plea of guilty for the murders of Jimmy Cruz and Hector Reyes. After the trial court admonished defendant, it accepted the plea as voluntary, knowing and intelligent. The trial court entered a judgment of guilty of two counts of intentional murder. The case then proceeded to a capital sentencing hearing before a jury.
The State presented the following testimony at the eligibility phase. John Dolan, a Chicago police detective, testified that he was dispatched to Humboldt Park on May 12, 1992, to respond to a report of a shooting. Once in Humboldt Park, he found Cruz and Reyes shot to death. Detective Dolan observed Cruz lying on the sidewalk with a .25-caliber cartridge casing lying within two feet of his body. Reyes was lying on the floor of a restroom and a bullet was located three feet from his head.
Dr. Nancy Jones, a forensic pathologist and assistant medical examiner for Cook County, testified that Jimmy Cruz, a 22-year-old male, and Hector Reyes, a 21-year-old male, both died as a result of gunshot wounds to the back of the head. Dr. Jones determined that Reyes was killed by a bullet that entered the center part of the back of his head and exited through his left eyelid. Given the shape of the entrance wound, she opined that the muzzle of the gun was held directly in contact with Reyes' head at the time the bullet was fired. With respect to Cruz, Dr. Jones found that be was killed by a bullet that entered the lower part of the back of his head. According to Dr. Jones, the gun was probably held within one or two inches of Cruz's head at the time it was fired.
Ivette Rodriguez testified about events occurring before and after the murders of Cruz and Reyes. On May 11, 1992, at about 11 or 11:30 p.m., Rodriguez saw defendant driving a white car with Montanez and Mendoza inside the car. According to Rodriguez, they invited her to go "make a hit with them and roll on some flakes," which meant to kill or fight a rival gang, namely, the Latin Kings. She refused. Approximately 90 minutes later, Rodriguez again saw defendant, Montanez and Mendoza in the neighborhood. Rodriguez testified that defendant told her "we got 'em, we got 'em ... we got the Kings." When Rodriguez called defendant a liar, Montanez pointed to the back of her head and said "yeah we did ... I shot him in the back of the head." Late in the evening on May 12, 1992, Rodriguez informed the police about the murders following her arrest for possession of a controlled substance. On May 13, 1992, Rodriguez accompanied the police in an undercover surveillance of a funeral home, where defendant, Montanez and Mendoza were attending a wake for Mudo. Rodriguez identified defendant and Montanez. The police then arrested defendant and Montanez.
Detective Ernest Halvorsen testified about the events after defendant's arrest. Detective Halvorsen stated that he took part in the arrest of defendant and Montanez after Rodriguez identified them. Mendoza was arrested two days later. After arriving at the According to Detective Halvorsen, defendant told him that she was a member of the Maniac Latin Disciples street gang. Defendant, Montanez and Mendoza had talked about obtaining revenge against the Latin Kings for murdering their friend Mudo. They decided to "go on a mission ... and shoot some Kings." Defendant obtained a small silver automatic pistol and borrowed a white car from her brother. Defendant, along with Montanez and Mendoza, then drove over to the Latin Kings neighborhood for the purpose of shooting any Latin King they saw on the street. As they were driving, a car pulled alongside of them that contained two men, Cruz and Reyes. Defendant informed Detective Halvorsen that Montanez told her the two men were "flakes," that is, Latin Kings. Defendant, Montanez and Mendoza invited Cruz and Reyes to "party" in Humboldt Park. Defendant told Detective Halvorsen that they knew they were going to kill Cruz and Reyes when they arrived at the park. Once in the park, Montanez walked into a bathroom with Reyes and shot him in the back of the head. Montanez then handed the gun to defendant. Defendant walked up behind Cruz and shot him in the back of the head. The three girls then went back to their neighborhood. Detective Halvorsen described defendant's demeanor at the time of her statement as arrogant and cocky. According to Detective Halvorsen, defendant was proud of herself because she had performed a mission for her "nation." In Detective Halvorsen's opinion, defendant did not appear remorseful during her conversations with him.
[223 Ill.Dec. 897] police station, Detective Halvorsen placed Montanez and defendant [176 Ill.2d 452] in separate interview rooms. Following his interview with Montanez, he gave defendant Miranda warnings. Defendant indicated that she understood her rights and agreed to speak with him. During their conversation, Detective Halvorsen told defendant that she was under arrest for the murders of Cruz and Reyes, who were killed in Humboldt Park. Initially, defendant denied knowing anything about the murders. The detective then informed defendant that Montanez gave a complete statement of what occurred in Humboldt Park, including defendant's involvement. Defendant then agreed to give a statement.
John...
To continue reading
Request your trial
- Davis v. State
-
State v. Rizzo
...lack of remorse constituted either a comment on a defendant's failure to testify; see, e.g., People v. Mulero, 176 Ill. 2d 444, 459-63, 680 N.E.2d 1329, 223 Ill. Dec. 893 (1997); or an attempt by the state to rely on lack of remorse as a nonstatutory aggravating factor; see, e.g., Bellmore ......
-
State v. Rizzo
...a defendant's lack of remorse constituted either a comment on a defendant's failure to testify; see, e.g., People v. Mulero, 176 Ill. 2d 444, 459-63, 680 N.E.2d 1329 (1997); or an attempt by the state to rely on lack of remorse as a nonstatutory aggravating factor; see, e.g., Bellmore v. St......
-
State v. Jacobs
... ... New York, 337 U.S. 241, 247, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949) )); cf. People v. Mulero, 176 Ill.2d 444, 223 Ill.Dec. 893, 680 N.E.2d 1329, 1342 (1997) ("[I]t is important [in capital cases] that the sentencing authority ... ...
-
Table of Cases
..., 108 Ill 2d 270, 483 NE2d 1252 (1985), §2:60 People v. Muhammad , 398 Ill App 3d 1013, 925 NE2d 293 (2010), §18:50 People v. Mulero , 176 Ill 2d 444, 680 NE2d 1329 (1997), §11:100 People v. Mullins , 242 Ill 2d 1, 949 NE2d 611 (2011), §22:20 People v. Mullins , 242 Ill 2d 1, 949 NE2d 611 (......
-
Jury Selection
...penalty. The state is allowed the same number of peremptory challenges as all of the defendants. SCR 431(d); see People v. Mulero , 176 Ill 2d 444, 680 NE2d 1329 (1997) (trial court erred when it only allowed defendant 10, rather than 14, peremptory challenges for purposes of capital jury s......
-
Science, Opinion & Experts
...state but not licensed in the state of Illinois is not disqualified as an expert witness by reason of that fact alone. People v. Mulero , 176 Ill 2d 444, 680 NE2d 1329 (1997). A clinical psychologist is qualified to render an expert opinion on a person’s fitness to plead guilty, stand trial......