People v. Sanders

• Decision Date: 27 June 1980
• Docket Number: No. 78-1112,78-1112
• Citation: 41 Ill.Dec. 453,407 N.E.2d 951,86 Ill. App. 3d 457
• Parties: , 41 Ill.Dec. 453 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Nate SANDERS, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 951

407 N.E.2d 951

86 Ill.App.3d 457, 41 Ill.Dec. 453

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v.Nate SANDERS, Defendant-Appellant.

No. 78-1112.

Appellate Court of Illinois, First District, Fifth Division.

June 27, 1980.

Ralph Ruebner, DeputyState App. Defender, and Andrew Berman, Asst. State App. Defender, Chicago, for defendant-appellant.

Bernard Carey, State's Atty., Cook County, Chicago (Marcia B. Orr and Linda Dale Woloshin, Asst. State's Attys., Chicago, of Counsel), for plaintiff-appellee.

MEJDA, Justice:

Following a jury trial, defendant was found guilty of the murders of James Smith and Randolph White(Ill.Rev.Stat.1973, ch. 38, par. 9-1) and was sentenced to a term of 100 to 300 years.On appeal, he contends that: (1)he was denied his statutory right to a speedy trial (Ill.Rev.Stat.1975, ch. 38, par. 103-5); (2)he was denied his constitutional right to a speedy trial; and (3)he was not proved guilty beyond a reasonable doubt.We affirm.The pertinent facts follow.

On October 3, 1974, Chicago police officers found the bodies of James Smith and Randolph White in the basement of an abandoned building.A warrant for defendant's arrest was issued on November 14, 1974.Defendant was arrested and charged with the murders on March 1, 1975.On April 2, 1975, the State requested to nolle prosequi (nolle pros )the case because it lacked sufficient competent evidence against defendant.The motion was granted and defendant was released.On April 13, 1976, defendant was indicted for the murders and a warrant was issued for his arrest.On December 5, 1976, defendant was arrested for disorderly conduct and a traffic offense and the outstanding murder warrant was executed.

Prior to trial, defendant moved to dismiss the indictment alleging that he had been denied his right to a speedy trial, alleging that the nolle pros had been entered to avoid the running of the 120-day statutory period.Ill.Rev.Stat.1975, ch. 38, par. 103-5.

At the hearing defendant's evidence established the following pertinent facts.Mrs. Stanberry, the sister of Jessie Deloach who was also charged with the instant murders, testified that upon defendant's release from custody in April 1975, he began living with her mother.After a short residence at a second location, defendant moved in with Mrs. Stanberry where he remained until his arrest in December 1976.This arrangement was known to a number of their friends.Defendant submitted numerous documents bearing that residence as defendant's address.To her knowledge defendant never received letters from the State's Attorney's Office while at that address nor was he contacted by any Chicago police officers.

In response to defendant's motion, the State introduced the following pertinent testimony.Investigator Smith was investigating the instant murders and defendant's name was first connected to the murders on November 14 or 15 when Scott, Deloach and Byas each gave defendant's name to Smith.The investigator made repeated efforts over a six-week period to locate defendant at various addresses and at his place of employment, but was unsuccessful.During one of his attempts to locate defendanthe heard that defendant had left the state for Michigan or Mississippi.A second investigator testified that he spoke to defendant's mother who told him that she last saw defendant on November 16 when he told her that he was leaving town because the police were looking for him.

When defendant was finally arrested on March 1, 1975, he told an investigator that he had left Chicago to go to Mississippi on October 1 or 2, 1974, and that he knew of the murders before he left.He was then informed that the bodies had not been discovered until October 3, 1974, and stated that he did not care to have any further conversation.

Assistant State's Attorney Elden was assigned to handle defendant's case in which the preliminary hearing was about to be held.After reviewing the police reports and speaking with an investigator, he realized that he could not hold a preliminary hearing since the only evidence against defendant was statements of his codefendants.Elden communicated with his superior and another assistant state's attorney concerning the situation and was granted two continuances until April 2, 1975.On that date his superior directed Elden to nolle pros the case because of a lack of sufficient competent evidence against defendant and Elden did so, stating his reasons on the record.He further stated that neither defendant's demand for trial nor the 120-day period entered into the consideration of this decision.At the time of the motion to nolle pros the case, Elden had no intention to reinstate the charges nor did his superior's order indicate an intention to do so.

Assistant state's attorney Shalgos was assigned to the courtroom where Keith Scott, Phillip Byas and Jessie Deloach were charged with offenses arising from the deaths of Smith and White.Elden spoke with him about the difficulties with defendant's case.After reviewing the evidence against defendant, Shalgos told Elden's superior that it was his conclusion that there was not enough evidence against defendant to get an indictment.During this conversation the ramifications of the 120-day rule were discussed as well as the case of People v. McAdrian(1972), 52 Ill.2d 250, 287 N.E.2d 688, but not the difference between a nolle pros and striking the case with leave to reinstate (SOL).

In early 1976, Shalgos was preparing for the trial of Scott, Byas and Deloach.In January or February, he began negotiations with Scott's attorney which lasted until April 12, 1976, when Scott testified before the grand jury to indict defendant.After defendant's indictment, repeated attempts to locate defendant were made by police officers who visited defendant's last-known addresses and contacted his family members.These efforts were unsuccessful.Finally, defendant was arrested on December 5, 1976.

After argument, the motion to dismiss the indictment was denied.

The pertinent evidence presented at trial established the following.On October 3, 1974, Chicago police officers entered the basement of an abandoned multiple-story building located at 3743 West 19th Street.A pungent odor emanated from a trunk in the basement and further inspection revealed a decomposed body behind the trunk.The body appeared to be that of a male and its hands were tied behind its back with an extension cord.The body and the trunk were transported to the morgue where a second decomposing body was discovered under a blanket inside the trunk.The head of the second body was covered with a plastic bag.It was stipulated that the body found outside the trunk was that of James Smith and that the body found inside the trunk was that of Randolph White.It was also established that the two had been deceased for approximately 17 days prior to their discovery.

The pathologist who conducted the autopsies on the two victims testified that James Smith had a large bullet wound in his forehead between his eyebrows and that the internal examination revealed that a bullet had lacerated his brain.Randolph White's body had six bullet wounds in the head, and death was caused by a bullet wound lacerating the brain.

Shelley Edwards, James Smith's former girlfriend, testified that she was with Smith at his apartment at 1140 South Independence on the evening of September 15, 1974.She spent the night in Phillip Byas' apartment with Smith, Randolph White, Jean Townsend, Byas and Keith Scott.She left at about 6 or 7 a. m. on the following day and drove her car to her home.About half an hour later she returned to pick up Smith who was going to drive her to work.Smith drove her to work, took the car, and was supposed to return to pick her up after work.Shortly after arriving at work, she spoke to Phillip Byas on the telephone and asked that Smith return her call.She never spoke to Smith or saw him alive again.After work she waited for Smith for several hours before accepting another ride home.She went to Phillip Byas' apartment into which Smith and White had moved and stayed there for about five days.During those five days she went upstairs to Smith and White's apartment and saw nothing amiss.She stated that defendant looked familiar but that she did not know his name.

Keith Scott, the State's chief witness, began his testimony by admitting that he had been arrested in connection with the instant homicides and had been charged with two counts of concealing a homicide.In September 1974, he lived with Phillip Byasat 1140 South Independence.Randolph White and James Smith lived on the second floor of the building.On September 15, 1974, he left his apartment at about 5 p. m. When he left Phillip Byas, Randolph White, Shelley Edwards, James Smith, Jessie Deloach and Jean Townsend were present.He returned between 11 and 11:30 p. m. and saw that Shelley Edwards and Jean Townsend were asleep on the living room floor and Phillip Byas and Deloach were asleep in a bedroom adjacent to his own.He went straight to bed.

The next morning, September 16, between 7 and 8 a. m., he was awakened by a tap on his shoulder.He saw defendant standing above him holding two revolvers.Defendant told him that they had just shot "Bubba" White (Randolph's nickname) and told him to hide the revolvers.Scott expressed disbelief but defendant assured him that it was true.Scott told him that he didn't want to get involved but was told "You are here and you are involved so there's nothing you can do."At that time Phillip Byas and Jessie Deloach came toward Scott's room.Defendant handed the guns to Scott who hid them in a car tire in a closet.Deloach then informed them that he didn't think White was dead.The other three went upstairs for a moment and then returned.Byas said that they had to clean the upstairs and defendant suggested that they decide on alibis.The three...