People v. Murphy
Decision Date | 27 August 2019 |
Docket Number | No. 4-17-0646,4-17-0646 |
Citation | 145 N.E.3d 56,437 Ill.Dec. 758,2019 IL App (4th) 170646 |
Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Elliott T. MURPHY, Defendant-Appellant. |
Court | United States Appellate Court of Illinois |
James E. Chadd, Patricia Mysza, and Caroline E. Bourland, of State Appellate Defender's Office, of Chicago, for appellant.
Jay Scott, State's Attorney, of Decatur (Patrick Delfino, David J. Robinson, and David E. Mannchen, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
¶ 1 In April 2017, a jury found defendant, Elliott T. Murphy, guilty of the first degree murder of Jerry Newingham ( 720 ILCS 5/9-1(a)(1) (West 2008)) and the attempted first degree murder of Kevin Wilson (id. §§ 8-4(a), 9-1(a)(1) ). Defendant, who was 16 years old at the time of the August 2009 offenses, was sentenced to consecutive terms of prison, totaling 55 years. Defendant appeals his convictions and sentence.
¶ 2 On appeal, defendant argues (1) the State committed plain error by relying on the prior inconsistent testimony given by Branden White as substantive evidence without sending the transcripts of that testimony to the jury to prove White had so testified, (2) trial counsel was ineffective for failing to present evidence in the second trial showing defendant was absent from school on and around the date a key State witness, Malcolm Spence, claimed defendant made an inculpatory statement at school, and (3) his 55-year sentence for offenses he committed when he was only 16 years old was a de facto life sentence imposed in violation of federal and state authority. We agree with defendant's sentencing argument and remand.
¶ 4 On August 24, 2009, Jerry Newingham and Kevin Wilson encountered a group of teenage males that, according to the State's evidence, included defendant, defendant's 14-year-old brother Deonta Johnson, Dedrick Rhone, Fredrick Rhone, Malcolm Spence, and Branden White. Newingham, age 61, was riding his bike when he was attacked. After he fell to the ground, Newingham was stomped to death by members of the group. The assailants then attacked Wilson, who was lying near a park pavilion. Emergency personnel found Wilson bloody, swollen, and unable to walk or answer questions. Wilson survived the attack.
¶ 5 The State prosecuted the aforementioned juveniles as adults for the first degree murder of Newingham, the attempted murder of Wilson, and other charges. White entered a negotiated plea to first degree murder. In exchange for his plea and truthful testimony, White was sentenced to 20 years in the Illinois Department of Corrections (DOC). Spence pleaded guilty to mob action and obstruction of justice and agreed to testify truthfully. The charges of murder and attempted murder against Spence were dismissed. Fredrick and Dedrick entered open guilty pleas. Fredrick pleaded guilty to murder and was sentenced to 20 years. Dedrick pleaded guilty to attempted murder of Wilson and received 15 years.
¶ 6 Defendant and Johnson elected to be tried by a jury on the State's charges. In 2011, defendant and Johnson were tried jointly and found guilty of murder (Newingham) and attempted murder (Wilson). At this trial, Spence testified regarding a conversation he had with defendant and Johnson:
¶ 7 On cross-examination, defense counsel questioned Spence regarding the alleged conversation:
¶ 8 To impeach Spence's testimony, defense counsel introduced defendant's attendance records for the dates of August 24 through September 3, 2009. The records are not included on appeal. Both defendant and the State addressed the records during closing argument. Defense counsel argued the school records demonstrate Spence's conversation with defendant did not occur:
In contrast, the State, in closing, argued the school records did not undermine Spence's testimony, but showed defendant had been suspended from school on the date of the offenses:
¶ 9 The jury found defendant guilty of both first degree murder and attempted murder. Defendant appealed his convictions. On appeal, this court concluded defendant was entitled to summary reversal and a new trial due to "trial counsel's per se conflict of interest in contemporaneously representing defendant and [a witness]." People v. Murphy , 2013 IL App (4th) 111128, ¶ 79, 371 Ill.Dec. 627, 990 N.E.2d 815.
¶ 10 In April 2017, on remand, defendant's second jury trial was held. Defendant's trial was lengthy and involved a number of witnesses. For this appeal, we will summarize the testimony of those witnesses necessary to resolve the issues raised by defendant.
¶ 11 At retrial, Spence was called upon by the State to testify regarding the attack on Wilson and his conversation with defendant. Spence agreed the conversation occurred "a couple—two days after that happened in Garfield Park." Spence testified he was at school and "[e]verybody was up there." According to Spence, defendant said, "they had jumped on somebody before they came up to the park," and defendant said he told his younger brother Johnson to punch him. Defendant also said he stomped on the man's head.
¶ 12 On cross-examination, defense counsel asked questions emphasizing Spence told the police the "story that you told today" only after having been charged with murder and attempted murder. Defense counsel further emphasized the charges against Spence had been dropped. Defense counsel did not seek to admit school records.
¶ 13 Also during retrial, the State called Branden White to testify. White testified in defendant's 2011 trial. White acknowledged he, six years earlier, pleaded guilty to the first degree murder of Newingham. As part of his plea, White was sentenced to 20 years' imprisonment in exchange for his truthful testimony. The State asked White if he testified at a hearing on this matter in August 2011. White responded he did not remember. White also did not remember attending MacArthur High school in Decatur on August 24, 2009. White knew defendant and refused to describe an item defendant was wearing. White, however, identified defendant in a photo as formerly "[m]y main man." The State asked White if he gave testimony at his sentencing hearing on April 4, 2011. Defendant stated he did not remember. The State referred to People's Exhibit No. 25 as a transcript of that proceeding. The State then questioned White as...
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