People v. Smith

• Decision Date: 19 June 1997
• Docket Number: No. 77078,77078
• Citation: 177 Ill.2d 53,226 Ill.Dec. 425,685 N.E.2d 880
• Parties: , 226 Ill.Dec. 425 The PEOPLE of the State of Illinois, Appellee, v. Geraldine SMITH, Appellant.
• Court: Illinois Supreme Court

Page 880

685 N.E.2d 880

177 Ill.2d 53, 226 Ill.Dec. 425

The PEOPLE of the State of Illinois, Appellee, v. Geraldine SMITH, Appellant.

No. 77078.

Supreme Court of Illinois.

June 19, 1997.

Rehearing Denied Sept. 29, 1997.

Charles M. Schiedel, State Appellate Defender-Sup. Ct. Unit, Springfield, and Charles W. Hoffman, Asst. State Appellate Defender, Chicago, for Geraldine Smith.

Jim Ryan, Attorney General, Criminal Appeals Div., Jack O'Malley, State's Attorney Cook County, Crim. Appeals Div., Celeste Stewart Stack, Assistant State's Attorney, Chicago, for the People.

Justice NICKELS delivered the judgment of the court:

Defendant, Geraldine Smith, was charged with first degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1(a)(1)) and conspiracy to commit murder (Ill.Rev.Stat.1987, ch. 38, par. 8-2(a)) arising from the June 23, 1987, shooting death of Valerie McDonald. Following a jury trial in the circuit court of Cook County Codefendant Eddie Williams was tried separately from defendant and was found guilty of first degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1(a)(1)), conspiracy to commit murder (Ill.Rev.Stat.1987, ch. 38, par. 8-2(a)), and armed violence (Ill.Rev.Stat.1987, ch. 38, par. 33A-2). On appeal, this court affirmed Williams' convictions but vacated his death sentence. People v. Williams, 161 Ill.2d 1, 204 Ill.Dec. 72, 641 N.E.2d 296 (1994). On remand, Williams was resentenced to natural life imprisonment. The present appeal involves only Geraldine Smith's convictions and sentence.

[226 Ill.Dec. 427] defendant was convicted of both counts. The trial court denied defendant's post-trial motion, which sought a new trial to introduce exculpatory testimony of nine new witnesses. Defendant waived her right to be sentenced by the jury and the trial judge determined defendant was eligible for the death penalty because she procured another to commit murder for money. See Ill.Rev.Stat.1987, ch. 38, par. 9-1(b)(5). After considering factors in aggravation and in mitigation, the trial judge determined that there were no mitigating factors sufficient to preclude the imposition of the death sentence and, accordingly, sentenced defendant to death. See Ill.Rev.Stat.1987, ch. 38, par. 9-1(h). Defendant's death sentence has been stayed pending direct appeal to this court. Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d Rs. 603, 609(a).

BACKGROUND

On June 23, 1987, the victim, Valerie McDonald, was shot at point-blank range in the head. Two days later, she died as a result of the gunshot wound. The victim's husband, Louia McDonald, and two daughters, LaChina and Lakeya, 16 and 8 years old, respectively, witnessed the shooting. The investigation of the shooting culminated in the arrest and indictment of the defendant, Geraldine Smith, who was revealed to be involved in an extramarital affair with the victim's husband, Louia McDonald. Also arrested for their involvement in the shooting were defendant's friend, Marva Golden, and the hired shooter, Eddie Williams. Golden subsequently pleaded guilty to first degree murder.

Testimony at defendant's trial revealed the following. LaChina McDonald testified that on the night of the murder she and her sister, Lakeya, attended a church service with their mother, Valerie McDonald. Louia McDonald, the victim's husband, picked the family up at church about 9:15 p.m. and drove home to their apartment building on North Winthrop Avenue in Chicago. As Louia circled the block looking for a parking space, LaChina noticed a man with a ponytail standing on the corner watching their car. Louia parked the car across the street from their building and the girls exited the vehicle, followed by Louia and their mother. As Louia and the girls entered the vestibule of the building, Valerie trailed behind on the front sidewalk. LaChina saw the man with the ponytail approach her mother and raise his hand towards her mother's head. She then heard a gunshot and saw her mother collapse to the sidewalk. The man fired two shots towards the entrance of the building and then turned and fled south. As LaChina went to her mother, Louia ran after the man.

Daniel Postlethwait testified that at about 10 p.m. on the night of the murder he and his nephew were walking to his car, which was parked across the street from the parking lot of a Dominick's grocery store. At that time, Postlethwait heard gunshots coming from the direction of North Winthrop Avenue. He turned in that direction and saw an African-American man with a ponytail running towards him with another man in pursuit. The man with the ponytail entered the passenger side of a burgundy Buick Regal that was idling in the entrance to the parking lot. The man said something to the driver and the Buick drove through the parking lot and left the area.

Phillip Mannion and Raymond Kamenski, Chicago police detectives, testified that they arrived at the scene of the shooting around 10 p.m. At that time, Valerie McDonald was lying on the ground with blood coming out of her right ear. The detectives testified that they spoke with Louia, who told them that the shooter escaped in a burgundy Buick Regal that looked identical to defendant's car. The detectives further testified that Louia also disclosed that, although he was The two detectives testified that they went to defendant's house at about 2 a.m. on June 24. There they found defendant at home, but her car was gone. Defendant voluntarily accompanied the detectives to Area 6 police headquarters, where she told them that Marva Golden had borrowed her car the previous evening. Shortly thereafter, another detective drove defendant home and found that Golden had arrived there with defendant's car. Golden and defendant returned to the station with the detective, where defendant gave them permission to search her car and house. The detectives accompanied defendant to her home and evidence technicians processed her car. Although defendant was permitted to stay at her home, Golden remained in custody. Detective Kamenski testified that at about 10 p.m. on June 24, he spoke with Golden and she identified Eddie Williams as the person who shot Valerie McDonald. Subsequently, Williams was taken into custody. LaChina McDonald identified Williams from a lineup as the man who shot her mother.

[226 Ill.Dec. 428] married to the victim, the defendant was his girlfriend.

Marva Golden testified that she had known defendant, Geraldine Smith, for 24 years, having first met when defendant was dating Golden's uncle. Golden testified that in early 1986, she learned that defendant was pregnant and that Louia McDonald was the father of the baby. Golden first met Louia at defendant's house some time in 1986 when Louia was staying with defendant. Although Golden knew Louia had a family, she was unaware at that time that he was married.

Golden testified that while defendant was pregnant, she would often stay with defendant and help her around the house. Golden had her own room in defendant's home and often stayed there on weekends. Near the end of defendant's pregnancy, during the fall of 1986, Golden observed defendant and Louia argue frequently. Golden testified that defendant was tired of Louia going back and forth between his wife's home and defendant's home. Golden further testified that defendant wanted Louia to leave his wife, but Louia responded that he was having financial problems and needed more time. Golden testified that defendant gave birth to a son late in 1986, whom she named Louia McDonald, Jr. Golden further observed that Louia visited defendant less frequently during 1987.

Golden testified that in June 1987, she began working at a restaurant close to defendant's house. In order to reduce her commute to work, Golden often stayed with defendant. On Sunday, June 21, Golden left work at 2:30 p.m. and went to defendant's house. Golden testified that defendant was angry and said that she wanted Valerie McDonald to die. Golden testified that defendant walked through the house repeating that she wanted "the bitch dead."

Golden testified that at approximately 6 p.m. that same day, she and defendant left Louia Jr. with defendant's sister, Louise. Defendant borrowed Louise's car and drove Golden to the north side of Chicago. Golden testified that when they reached North Winthrop Avenue, defendant pointed out the victim's house and again said that she wanted Valerie dead. Defendant circled the block and slowed the car as she passed the victim's building again. At this time, they did not see Louia McDonald's car outside the building. Defendant then drove towards her home on the west side of Chicago. Golden testified that during the trip defendant repeatedly said, "I want the bitch dead."

Golden testified that later that same evening, she and defendant returned to the victim's neighborhood in defendant's car. During this trip, defendant spotted Louia's car parked outside the apartment building. Golden testified that upon seeing Louia's car, defendant hit her own steering wheel in anger and again repeated that she wanted "the bitch dead." Golden further testified that the women returned to defendant's house, where defendant said that she was "tired of this shit." Golden testified that defendant then asked her if she knew anyone who could help her and Golden replied that she did.

Golden testified that the next morning, Monday, June 22, defendant repeated her wish that Valerie McDonald were dead. Golden testified that defendant said she would pay $500 to have the victim murdered Golden testified that she drove to a tavern at 59th and Honore Streets. Outside the tavern, Golden saw Eddie Williams, whom she knew because Williams had dated her sister. Golden exited the car and approached Williams while defendant remained in the parked car with the baby. Golden testified that she asked Williams if he would kill Valerie McDonald for Geraldine Smith, who was willing to pay $500. Golden testified that Williams...