People v. Scott, No. 64287

CourtIllinois Supreme Court
Writing for the CourtCLARK
Citation594 N.E.2d 217,171 Ill.Dec. 365,148 Ill.2d 479
Decision Date16 April 1992
Docket NumberNo. 64287
Parties, 171 Ill.Dec. 365 The PEOPLE of the State of Illinois, Appellee, v. Larry SCOTT, Appellant.

Page 217

594 N.E.2d 217
148 Ill.2d 479, 171 Ill.Dec. 365
The PEOPLE of the State of Illinois, Appellee,
v.
Larry SCOTT, Appellant.
No. 64287.
Supreme Court of Illinois.
April 16, 1992.
Rehearing Denied June 25, 1992.

Page 222

[148 Ill.2d 497] [171 Ill.Dec. 370] Cook County Public Defender, Chicago, Randolph N. Stone, Public Defender, Chicago (Andrea Monsees, Asst. Public Defender, of counsel), for appellant.

Neil F. Hartigan, Atty. Gen., Springfield, and Cecil A. Partee, State's Atty., Chicago (Terence M. Madsen, Asst., Atty. Gen., Chicago, and Renee G. Goldfarb and Sally Dilgart, Asst. State's Attys. of counsel), for the People.

Justice CLARK delivered the opinion of the court:

On August 17, 1984, defendant, Larry Scott, was indicted for murder, aggravated criminal sexual assault and attempted robbery in relation to the death of Kristin Kent, the victim. Following a jury trial in the circuit court of Cook County, defendant was found guilty of murder, guilty of attempted robbery, and guilty but mentally ill (GBMI) of aggravated criminal sexual assault. The State moved for a separate sentencing hearing on imposition of the death penalty. (Ill.Rev.Stat.1985, ch. 38, par. 9-1(d).) Defendant waived his right to a jury for the sentencing hearing. The trial court found defendant was eligible for the death sentence because he was more than 18 years old at the time of the offense, and he committed murder in the course of committing a forcible felony, aggravated criminal sexual assault. (Ill.Rev.Stat.1985, ch. 38, par. 9-1(b); see also People v. Crews (1988), 122 Ill.2d 266, 119 Ill.Dec. 308, 522 N.E.2d 1167 (holding that a defendant may be sentenced to death even though he has been found guilty but mentally ill).) After finding there were no mitigating factors sufficient to preclude imposition of the death [148 Ill.2d 498] penalty, the court

Page 223

[171 Ill.Dec. 371] sentenced defendant to death. The sentence was stayed pending direct appeal to this court. (Ill.Rev.Stat.1985, ch. 38, par. 9-1(i).) In addition, defendant was sentenced to serve 30 years in the Illinois Department of Corrections for the offense of aggravated criminal sexual assault. No sentence was imposed for the offense of attempted robbery.

While the case was pending review in this court, defendant was granted leave to file a post-sentencing motion (Ill.Rev.Stat.1983, ch. 110, par. 2-1401 et seq.) in the trial court. In addition to a post-sentencing motion, defendant also filed a supplemental motion for a new trial. On the State's motion, this court instructed the trial court to consider defendant's post-sentencing motion only. Defendant then amended his post-sentencing motion to include allegations of trial error, arguing that the trial errors impacted on the sentencing hearing. Based on the prior order from this court, the trial court refused to consider those allegations. After a hearing the trial court denied defendant's post-sentencing motion.

I

The victim was a resident student at the Moody Bible Institute located in the 800 block of North La Salle Street in Chicago. At approximately 9 p.m. on August 4, 1984, she left her job at the East Bank Health Club. On August 6, 1984, her body was found in an alley behind a building located at 711 North Wells Street. One of her nipples had been severed.

On August 6, Sarah Buschbaum read a newspaper report about the victim's murder and called police to inform them that on the night of August 4, she had been followed by a man in the same neighborhood in which the victim's body had been found. On that night, Buschbaum left her job in Water Tower Place at approximately 8:35 p.m. and proceeded west on Chestnut Street towards[148 Ill.2d 499] her car, which was parked on La Salle Street. While she was walking, she noticed that a man was following her. Buschbaum took several evasive steps, but the man continued to follow her. By the time she reached Clark Street, there were no other people on the street. Buschbaum then ran into the lobby of an apartment building which she knew was attended by a doorman. The assailant continued to watch Buschbaum from across the street as he walked towards La Salle Street. Buschbaum waited a few minutes and then proceeded to her car. Before she reached her car, she noticed the man walking west on Chicago Avenue from La Salle towards Wells. Buschbaum described the assailant as a black man in his late twenties, 5 feet 6 inches to 5 feet 8 inches in height with a medium build, and wearing a gold plaid suit with a herringbone background.

In the early evening of August 7, 1984, police officers Charles Daly and Michael Angarone were on routine patrol in the 600 block of North Wells. At this time, they saw a woman walking north on Wells and a man following quickly behind her. The man, who was later identified as defendant, matched the description provided by Buschbaum. Defendant saw the police officers and slowed his pace to allow a greater distance between himself and the woman. The police passed defendant, made a U-turn and approached defendant from behind. At this time, the officers noticed defendant was walking up quickly behind the woman. Defendant noticed the police and again slowed his pace. The police passed defendant, went around the block and approached defendant a third time. Defendant was again walking quickly behind the woman, until he saw the police. This time defendant turned to walk south on Wells in the opposite direction of the woman. The police made another U-turn, and as they approached defendant, he turned and walked towards an "El" station.

[148 Ill.2d 500] Daly and Angarone got out of their squad car and ordered defendant to stop. The officers asked defendant for identification, at which point defendant gave them several papers. As Angarone began to unwrap the papers, defendant pushed Angarone and yelled "I'm going to kill you." Daly and Angarone subdued defendant and placed him in handcuffs. Angarone then

Page 224

[171 Ill.Dec. 372] picked up the papers, which he had dropped during the struggle with defendant. At this time, Angarone noticed a newspaper article about the victim's murder. As Angarone unfolded the article, defendant screamed "That pussy bitch. That pussy bitch. I'm tired of hearing about her."

Angarone and Daly arrested defendant for disorderly conduct and transported him to the 18th district Chicago police station. While en route to the 18th district, the officers advised defendant of his Miranda rights.

At approximately 9:30 p.m. on August 7, Detectives O'Leary and Elmore transported defendant from District 18 to the Area 6 Violent Crimes offices. The detectives placed defendant in an office, uncuffed him and left him alone in the room for about one hour. When they returned at about 11 p.m., O'Leary read the Miranda warnings to defendant. Defendant responded that he understood each right. The detectives then questioned defendant for approximately 45 minutes.

At approximately 2 a.m. on August 8, Detectives Sappanos and Paul interviewed defendant at Area 6. Sappanos read the Miranda warnings to defendant from a police manual. Defendant responded that he understood each right. This interview lasted 45 minutes to one hour. During the interview, defendant's answers were succinct and understandable.

Between 3 a.m. and 8 a.m., Sappanos checked on defendant and found that he was asleep in the interview room. At 8 a.m., Sappanos woke defendant, allowed him to use the bathroom and provided him with food. Sappanos[148 Ill.2d 501] then readvised defendant of his Miranda rights, and defendant responded that he understood each right. This interview lasted approximately 45 minutes.

At about 10:45 a.m. Detectives Sappanos and Paul interviewed defendant again. They readvised defendant of his Miranda rights and defendant indicated he understood each right. At the detectives request, defendant agreed to ride with the officers to the 700 block of North Wells and to the Oak Street Beach where he slept on the night of the murder. On the way back to the police station, the officers stopped at a McDonald's restaurant and ordered food for defendant.

Detective Sappanos was present when Assistant State's Attorney Edward Snow interviewed defendant at 2 p.m. on August 8, 1984, in the interview room at Area 6. Snow advised defendant of his Miranda rights and defendant responded that he understood. After a 45-minute interview, defendant agreed to make a statement. Snow then summoned a court reporter who transcribed defendant's answers to Snow's questions.

During his statement to Snow, defendant stated that the police did not mistreat him, and that he understood his Miranda rights. Defendant stated that he initially approached the victim for money, and took her into an alley. Defendant stated the victim called him "a little black nigger" and began to struggle. Defendant hit the victim several times, knocking her unconscious. While the victim was unconscious, defendant had vaginal and oral sex with her, during which time he bit her nipples and vagina. After having sex with the victim, defendant hid her body. During this time, the victim did not move or say anything, but defendant stated that she appeared to be breathing.

II

Defendant first contends that the trial court should [148 Ill.2d 502] have granted his pretrial motion to quash arrest. Officer Daly was the only witness called to testify at the hearing on the motion to quash. During his argument at the close of evidence, defendant conceded that the initial stop could be justified by less than probable cause. In effect, this argument conceded that defendant was not arrested at the time of the initial stop. In denying defendant's motion to quash arrest, the trial judge stated, "I think that the officer has set forth articulable facts to justify the police stopping [defendant]. And then of course the matters that proceeded after he stopped him certainly justify him being placed under arrest."

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91 practice notes
  • Ward v. Sternes, No. 02-3104.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 8, 2003
    ...Illinois Miranda waiver precedent, see People v. Bernasco, 138 Ill.2d 349, 150 Ill.Dec. 155, 562 N.E.2d 958 (1990), and People v. Scott, 148 Ill.2d 479, 171 Ill.Dec. 365, 594 N.E.2d 217 (1992),2 it refused to discuss that evidence or credit it against the trial court's conclusory determinat......
  • Williams v. Illinois, No. 10–8505.
    • United States
    • U.S. Supreme Court
    • June 18, 2012
    ...is only as good as the independent evidence that establishes its underlying premises. See Fed. Rules Evid. 105, 703 ; People v. Scott, 148 Ill.2d 479, 527–528, 171 Ill.Dec. 365, 594 N.E.2d 217, 236–237 (1992). And fourth, if the prosecution cannot muster any independent admissible evidence ......
  • Williams v. Illinois, No. 10–8505.
    • United States
    • U.S. Supreme Court
    • June 18, 2012
    ...is only as good as the independent evidence that establishes its underlying premises. See Fed. Rules Evid. 105, 703 ; People v. Scott, 148 Ill.2d 479, 527–528, 171 Ill.Dec. 365, 594 N.E.2d 217, 236–237 (1992). And fourth, if the prosecution cannot muster any independent admissible evidence ......
  • People v. Brown, No. 74532
    • United States
    • Supreme Court of Illinois
    • March 28, 1996
    ...Ill.Dec. 1, 636 N.E.2d 433 (1994); People v. Henderson, 142 Ill.2d 258, 319, 154 Ill.Dec. 785, 568 N.E.2d 1234 (1990); People v. Scott, 148 Ill.2d 479, 546, 171 Ill.Dec. 365, 594 N.E.2d 217 (1992); People v. Lucas, 132 Ill.2d 399, 439, 139 Ill.Dec. 447, 548 N.E.2d 1003 (1989). Among the val......
  • Request a trial to view additional results
91 cases
  • Ward v. Sternes, No. 02-3104.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 8, 2003
    ...Illinois Miranda waiver precedent, see People v. Bernasco, 138 Ill.2d 349, 150 Ill.Dec. 155, 562 N.E.2d 958 (1990), and People v. Scott, 148 Ill.2d 479, 171 Ill.Dec. 365, 594 N.E.2d 217 (1992),2 it refused to discuss that evidence or credit it against the trial court's conclusory determinat......
  • Williams v. Illinois, No. 10–8505.
    • United States
    • U.S. Supreme Court
    • June 18, 2012
    ...is only as good as the independent evidence that establishes its underlying premises. See Fed. Rules Evid. 105, 703 ; People v. Scott, 148 Ill.2d 479, 527–528, 171 Ill.Dec. 365, 594 N.E.2d 217, 236–237 (1992). And fourth, if the prosecution cannot muster any independent admissible evidence ......
  • Williams v. Illinois, No. 10–8505.
    • United States
    • U.S. Supreme Court
    • June 18, 2012
    ...is only as good as the independent evidence that establishes its underlying premises. See Fed. Rules Evid. 105, 703 ; People v. Scott, 148 Ill.2d 479, 527–528, 171 Ill.Dec. 365, 594 N.E.2d 217, 236–237 (1992). And fourth, if the prosecution cannot muster any independent admissible evidence ......
  • People v. Brown, No. 74532
    • United States
    • Supreme Court of Illinois
    • March 28, 1996
    ...Ill.Dec. 1, 636 N.E.2d 433 (1994); People v. Henderson, 142 Ill.2d 258, 319, 154 Ill.Dec. 785, 568 N.E.2d 1234 (1990); People v. Scott, 148 Ill.2d 479, 546, 171 Ill.Dec. 365, 594 N.E.2d 217 (1992); People v. Lucas, 132 Ill.2d 399, 439, 139 Ill.Dec. 447, 548 N.E.2d 1003 (1989). Among the val......
  • Request a trial to view additional results

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