People v. Richards, 52167
| Court | Supreme Court of Illinois |
| Citation | 410 N.E.2d 833,81 Ill.2d 454,43 Ill.Dec. 700 |
| Docket Number | No. 52167,52167 |
| Parties | , 43 Ill.Dec. 700 The PEOPLE of the State of Illinois, Appellant, v. Kenneth J. RICHARDS, Appellee. |
| Decision Date | 15 September 1980 |
Page 833
v.
Kenneth J. RICHARDS, Appellee.
[81 Ill.2d 456]
Page 834
[43 Ill.Dec. 701] William J. Scott, Atty. Gen., Chicago and Bernard Carey, State's Atty., Chicago (Donald B. Mackay and Melbourne A. Noel, Jr., Asst. Attys. Gen. and Marcia B. Orr, Paul C. Gridelli and Wesley H. H. Ching, Asst. State's Attys., Chicago, of counsel), for the People.James J. Doherty, Public Defender, Chicago (John McNamara and Suzanne M. Xinos, Asst. Public Defenders, Chicago, of counsel), for appellee.
WARD, Justice:
After a jury trial in the circuit court of Cook County Kenneth Richards, on December 14, 1976, was found guilty of aggravated battery for the beating and stabbing of Denise Richards, his sister-in-law, and was sentenced to a term of 2 to 10 years. The defendant appealed, and among the several issues he raised was the claim that his right to a speedy trial was violated when the State failed to bring him to trial within 120 days as provided in section 103-5(a) of the Code of Criminal Procedure of 1963 (Ill.Rev.Stat.1975, ch. 38, par. 103-5(a)). The appellate court reversed the conviction on the ground that the trial court had abused discretion by twice extending the trial date beyond the statutory term of 120 days. (71 Ill.App.3d 581, 28 Ill.Dec. 104, 390 N.E.2d 86.) We granted the People's petition for leave to appeal. 73 Ill.2d R. 315.
Page 835
[43 Ill.Dec. 702] The record shows that the charged crimes took place at the home of the defendant's sister-in-law on December 18, [81 Ill.2d 457] 1975. He was arrested two days later and confined in the Cook County jail until May of 1976, when he posted bond. On June 3, when the defendant failed to appear at a scheduled court proceeding, his bond was forfeited and a warrant for his arrest was issued. He was again taken into custody on July 24. Between July 24 and December 8, when the defendant was brought to trial, the court granted four continuances. Two were on the prosecutor's motions, one on September 8 and the other on October 13, and the other two were entered on the court's motion. None of the delays during this period were attributable to the defendant. The case had been set for trial on November 17, but on November 4 the People moved for an immediate trial or, in the alternative, for a continuance beyond the 120-day term which would expire on November 19. The ground was that Denise Richards, the complaining witness, would be unable to attend the trial on November 17 because she was to take part in a two-week job-training session in Wisconsin. The session would commence on November 7 and would be followed by a two-week orientation program in River Forest. The prosecutor also informed the court that both sides were ready for trial that day should the court deny the motion for a continuance. The court at first refused a continuance, but reconsidered when the witness stated that she would lose her job if compelled to attend the trial on November 17. The court then allowed the motion and continued the case to December 7 over the defendant's objection and demand for trial.
When the case was called on the morning of December 7 Mrs. Richards failed to appear, and though both sides stated their readiness to proceed to trial despite her absence the case was held over by the court to the following morning. The witness arrived that afternoon, i. e., on December 7, claiming that car failure had delayed her. The trial began on December 8 and ended on December 14, when the jury returned a verdict of guilty.
[81 Ill.2d 458] The prosecution had vexing difficulties in securing the cooperation of the victim. Denise Richards, at the preliminary hearing in February 1976, testified that the defendant had punched her, stabbed her in the back and forearm with a knife, and kicked her when she fell to the floor. At trial she professed...
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