People v. Sims

• Decision Date: 21 September 1995
• Docket Number: No. 74002,74002
• Parties: , 212 Ill.Dec. 931 The PEOPLE of the State of Illinois, Appellee, v. Robert SIMS, Appellant.
• Court: Illinois Supreme Court

Page 413

658 N.E.2d 413

167 Ill.2d 483, 212 Ill.Dec. 931

The PEOPLE of the State of Illinois, Appellee, v. Robert SIMS, Appellant.

No. 74002.

Supreme Court of Illinois.

Sept. 21, 1995.

Rehearing Denied Dec. 4, 1995.

Charles M. Schiedel, Deputy Defender, and John J. Hanlon, Assistant Defender, Springfield, for appellant.

Roland W. Burris, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Arleen C. Anderson, Assistant Attorney General, Chicago, and Renee G. Goldfarb and Carol L. Gaines, Assistant State's Attorneys, of counsel), for the People.

Justice McMORROW delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Bobby Sims, was convicted of two counts of first degree murder, two counts of armed robbery, two counts of home invasion, and one count of residential burglary. The trial court, sitting as finder of fact, determined that the defendant was eligible for the death penalty. Following a hearing in aggravation and mitigation, the court found that there were no factors sufficient to preclude imposition of the death penalty and sentenced the defendant to death. The defendant's convictions and sentence have been stayed pending direct review by this court. Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d Rules 603, 609(a).

Upon review, defendant argues that (1) the police lacked probable cause to arrest him; (2) he should have been permitted to testify that he made his inculpatory statements to authorities because the police threatened to "do" him as they had "done" Tony Bey, a co-felon; (3) the trial court should have declared a mistrial because of the prosecutor's use of leading questions during its direct examination of a key State witness, James Jackson; (4) the trial court should have declared a mistrial because the prosecution elicited testimony from a police detective to the effect that an important State witness, Josie Ivy, was afraid of the defendant; (5) the State committed three discovery violations that should have prompted the trial court to declare a mistrial; and (6) the prosecutor made improper remarks during closing argument.

With respect to his sentencing hearing, defendant contends that: (1) the trial court should not have stricken a report from a psychiatrist, Dr. Carl Wahlstrom, which was relied upon by defendant's mitigation specialist, John Sturman, in his testimony at the sentencing hearing; (2) the trial court should have appointed substitute counsel to represent defendant with regard to his allegation that his sentencing attorney was ineffective; (3) the trial court should have excluded evidence at the sentencing hearing that indicated defendant belonged to a gang while serving a term of imprisonment for a previous felony conviction; (4) the defendant's 1975 murder conviction could not be used to render him eligible for the death penalty; (5) one of defendant's home invasion convictions should be vacated, thereby necessitating a new sentencing hearing; and (6) the Illinois death penalty statute is unconstitutional.

Background

Defendant was convicted for the November 1988 murders and armed robberies of William Brown and Robert Nelson, who lived in neighboring apartments in the 3400 west block of 12th Place in Chicago. Officers of the Chicago police department found the bodies of the victims in Robert Nelson's apartment on November 21, 1988. The apartment had been ransacked and it appeared that some items had been taken from the residence.

Forensic evidence established that victim William Brown died from multiple stab wounds. Robert Nelson died from craniocerebral injuries due to blunt trauma and a stab wound to the chest. Robert Nelson's son, Randall Williams, informed authorities that he had seen his father the previous morning, on November 20, 1988. Randall also advised that he had attempted to speak to his father on the evening of November 20, but found no one in his father's apartment. The next morning, Randall received a telephone call from his aunt and returned to his father's apartment. Randall looked through a window at the back entrance and saw a body on the floor. Randall told his aunt to call the police. The police came and broke in the door to his father's apartment, where they found Randall's father, Robert Nelson, and William Brown. Both men were dead.

Police authorities conducted fingerprint examinations of various objects in the apartment. It was determined that three objects on the kitchen table contained fingerprints suitable for comparison: a large grapefruit juice bottle, a wine cooler bottle, and a drinking glass. Comparisons were made of these fingerprints and it was ascertained that the prints taken from the wine cooler bottle and the drinking glass belonged to one of the victims, Robert Nelson. It was further determined that the fingerprints found on the grapefruit juice bottle belonged to the defendant.

Police authorities uncovered significant evidence linking defendant to the homicides. Josie Ivy, defendant's girlfriend, testified that on the date of the murder, defendant left her apartment in the company of a friend, Tony Bey, at approximately 5 p.m. Defendant returned to the apartment sometime later that night, at approximately 9 or 10 p.m. Josie testified that defendant told her that Tony "had hurt some people." Defendant repeatedly told Josie that he himself had knocked someone out using a brick and that Tony had stabbed the other man. Defendant also told her that Tony went over to the man whom defendant had knocked out and stabbed this victim, in order to "finish the job." Later, defendant told Josie that Tony had taken a VCR from the apartment where the two men had been killed.

Pursuant to defendant's instructions, Josie telephoned her brother, Lee Ivy, and arranged for Lee to have the VCR. When Lee arrived at Josie's apartment to take the VCR, defendant gave Lee two BB guns. Lee drove defendant and Josie to the home of defendant's nephew, James Jackson. Josie stated that she heard the defendant ask his nephew if the police had been looking for him. When defendant's nephew asked defendant what had happened, the defendant said, "It's in the papers; read the paper."

James Jackson, defendant's nephew, testified that defendant came to his house on November 23, 1988. Defendant said that he may be in some trouble and that the police were looking for him. He told James that some people may have got killed at a house on 12th Place in Chicago where one of James' uncles used to live. Defendant said that the people were stabbed and that a brick had also been used. Defendant also said that his fingerprints may be found in the apartment on a bottle. According to James, defendant said that the incident "may be in the paper" and suggested that the nephew "buy a paper."

Josie's brother Lee Ivy also gave testimony regarding his encounter with defendant and Josie on November 23, 1988. Lee stated that when he arrived at Josie's apartment, defendant said that he wanted to leave town and appeared nervous. Lee's testimony regarding defendant's offer of BB guns and a VCR was substantially similar to the account given by Josie. Lee also gave substantially similar testimony regarding their trip to the home of defendant's nephew, James Jackson.

The State also presented testimony to establish that defendant had confessed to his participation in the murders. Detective Ralph Vucko of the Chicago police department testified that officers arrested defendant on December 21, 1988. Thereafter, defendant was transported to the police station and placed in an interview room. Detective Vucko testified that defendant was not placed in handcuffs while he was held in the interview room. He advised defendant of his Miranda rights and defendant agreed to speak to the detective. Initially, defendant denied any involvement in the incident. Detective Vucko responded that the police had talked to several people in the investigation, including Tony Bey, Rodney Ivy, Josie Ivy, and James Jackson. Defendant then said that he was lying and that he would tell the truth.

According to Detective Vucko, defendant told him that on November 21, 1988, defendant was at Josie's apartment when Tony Bey came over. Defendant went outside with Tony and they walked around. Tony said that he needed some money and suggested that they go over to Robert Nelson's house. As they were walking, they were joined by Rodney Ivy and the three went to victim Nelson's apartment.

When they arrived at the apartment building where Nelson lived, Rodney stayed outside while defendant and Tony knocked on the front door. Nelson greeted them at the front door and let them into the apartment. They went into the kitchen. Tony asked for something to drink and Nelson produced a bottle of gin and some glasses. He also got some orange juice from the refrigerator. While they were in the kitchen, William Brown came in and joined them. The group had a conversation. Tony asked for a cigarette, but Brown said he did not have any. Brown gave Tony a $20 bill to buy some cigarettes. Defendant told Nelson that he was hungry and wanted some food. Nelson gave defendant $5 for something to eat. Defendant and Tony left the apartment together and joined Rodney outside.

While defendant, Rodney, and Tony were walking around the area, Tony suggested that they should buy some knives instead of some food. They went to a grocery store and Tony bought a kitchen knife. They walked back toward Nelson's apartment and Tony said to defendant, "You do your part, and I'll do mine." Defendant picked up a brick that was on the ground and put it in his coat pocket. They walked back to Nelson's apartment. Rodney waited outside while Tony and defendant knocked on the door.

William Brown opened the door and defendant walked past him, through the apartment and into the kitchen where Nelson was seated at the table. Defendant heard a commotion in the front and heard Brown...