People v. Strickland
| Decision Date | 10 February 2006 |
| Docket Number | No. 4-04-0218.,4-04-0218. |
| Citation | 843 N.E.2d 897 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Larry STRICKLAND, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Daniel D. Yuhas (court-appointed), Erica R. Clinton, Assistant Defender, Office of the State Appellate Defender, Springfield, for Larry Strickland.
Thomas J. Brown, State's Attorney, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.
In September 2003, the State charged defendant, Larry Strickland, with four counts of aggravated battery (Pub. Act 92-841, § 5, eff. August 22, 2002 (2002 Ill. Laws 3050, 3053) ( 720 ILCS 5/12-4(b)(6) (West Supp.2001))). After a January 2004 trial, a jury found defendant guilty as charged. At a March 2004 sentencing hearing, the trial court sentenced defendant to three concurrent terms of four years' imprisonment to run consecutive to defendant's six other prison terms.
Defendant appeals, asserting (1) he was denied a fair trial because he was handcuffed to a table during his jury trial and (2) the trial court erred by not inquiring into his pro se ineffective-assistance-of-counsel contention. We affirm.
On January 28, 2004, the trial court held a jury trial on the charges against defendant. Before the trial and outside the jury's presence, the following exchange took place:
Also before trial, defendant presented a letter he had written to authorities at the Pontiac Correctional Center (Center) about problems he was experiencing. The trial court allowed defendant to discuss the letter with his attorney, who then explained to the court he was unaware of a manner in which to introduce the letter as evidence at trial. The court allowed the letter to be put in the record for appeal purposes only. Defendant again insisted he wanted his problems with prison officials brought out at trial and wanted to testify to those matters. The court stated it would allow defendant to talk with defense counsel some more.
The State presented the testimony of Bradley Knight, a correctional officer at the Center; Gary Kuhse, a sergeant at the Center; Anthony Harvey, who, at the time of the incident, was a captain at the Center; Joyce Friel, a nurse at the Center; and Karl Webber, a correctional officer in the Center's internal affairs division. Defendant did not present any evidence.
Knight testified that on the morning of October 30, 2002, he was picking up break-fast trays at the Center when he noticed a liquid substance coming from the cracks of defendant's cell door. Knight then notified the command staff, and Harvey and Kuhse responded. Kuhse ordered defendant to turn his back to them so Kuhse could open the cuffing hatch and handcuff defendant. When Kuhse opened the hatch and attempted to handcuff defendant, defendant reached out with a toothpaste tube and squirted an unknown liquid in their direction. The substance, which smelled like a mix of feces and urine, hit Knight and Harvey on their right arms as they turned away. Knight observed that defendant's pulling away from Kuhse caused Kuhse's left ring finger to get scratched on the top of the cuffing hatch. Kuhse's finger was bleeding. After the incident, Knight went to the Center's health-care unit and saw Friel.
Defense counsel cross-examined Knight about the location of the cuffing hatch on the cell door and other aspects of the door. He also asked questions regarding the cuffing procedure and each officer's position in relationship to the door and each other. Moreover, defense counsel inquired about how Kuhse's finger was injured.
Harvey and Kuhse gave testimony similar to Knight's regarding the October 30, 2002, incident. Kuhse stated his finger was bleeding after his struggle with defendant in the cuffing hatch. Harvey indicated some of the substance landed on his right arm and right shirt sleeve. Defense counsel cross-examined both witnesses, bringing out the discrepancies in the officers' testimony about the incident's details and exploring how defendant was able to squirt the substance out of his cell directly at the officers.
Friel testified she examined all three officers at the Center's health-care unit on October 30, 2002. Knight had a foreign substance on his right arm, and thus she had him wash and cleanse his arm. Kuhse had a cut on his wedding-ring finger, which she cleansed and disinfected, and to which she applied a triple antibiotic ointment. Harvey did not have any actual exposure when he arrived at the Center so she just took his vitals and checked him over.
Webber testified he investigated the October 30, 2002, incident and talked to defendant on December 24, 2002. Defendant explained he received a juice carton that was leaking with his breakfast. He got angry about the leaky carton but did not talk to an officer about it. Webber also testified he asked defendant if he squirted the fecal matter on the officers as alleged, and said defendant replied "yes, he did." Webber then asked defendant what exactly was in the stuff he squirted, and defendant replied "'it is something bad.'"
After the State's witnesses testified, the trial court recessed the trial for lunch and allowed defendant to discuss with defense counsel the matters to which defendant wanted to testify. When the proceedings resumed, defendant stated he no longer wanted to testify.
After hearing all of the evidence, the jury found defendant guilty of all four charges. On March 10, 2004, the trial court held a sentencing hearing at which defendant made an oral posttrial motion, asserting an ineffective-assistance-of-counsel claim. The court denied the motion. It then sentenced defendant to three concurrent terms of four years' imprisonment on the first three counts to run consecutive to defendant's convictions in the following cases: (1) People v. Strickland, No. 85-C-13416 (Cir. Ct. Cook Co.); (2) People v. Strickland, No. 92-CF-25 (Cir. Ct. Livingston Co.); (3) People v. Strickland, No. 94-CF-76 (Cir. Ct. Livingston Co.); (4) People v. Strickland, No. 94-CF-146 (Cir. Ct. Livingston Co.); (5) People v. Strickland, No. 01-CF-250 (Cir. Ct. Livingston Co.); and (6) People v. Strickland, No. 03-CF-177 (Cir. Ct. Livingston Co.). This appeal followed.
Defendant first argues he was denied a fair trial because the trial court ordered one of his hands to be handcuffed to the table during his jury trial. Defendant acknowledges he did not object to being handcuffed at trial but asserts this court should find the handcuffing resulted in plain error (134 Ill.2d R. 615(a)). The application of the plain-error doctrine and what should happen when plain error occurs are sources of contention among our sister courts. Thus, we will provide a thorough background of the case law in this area.
In People v. Boose, 66 Ill.2d 261, 265, 5 Ill.Dec. 832, 362 N.E.2d 303, 305 (1977), the Supreme Court of Illinois found the shackling of an accused should be avoided if possible because it (1) tends to prejudice the jury against the accused, (2) restricts the accused's ability to assist counsel during trial, and (3) offends the dignity of the judicial process. However, the Boose court recognized a defendant may be restrained where the court reasonably believes (1) the defendant may try to escape, (2) the defendant may pose a threat to the safety of the people in the courtroom, or (3) restraint is necessary to maintain order during the trial. Boose, 66 Ill.2d at 266, 5 Ill.Dec. 832, 362 N.E.2d at 305. The determinations of whether to restrain a defendant and what restraints are most suitable are within the trial court's discretion, and a reviewing court will not overturn those decisions unless the trial court abused its discretion. Boose, 66 Ill.2d at 266-67, 5 Ill.Dec. 832, 362 N.E.2d at 305-06.
In making the determination whether to restrain a defendant, Boose directs the trial court to hold proceedings outside the presence of the jury. During those proceedings, the defense counsel should have the opportunity to present reasons why the defendant should not be restrained, and the trial court should state for the record the reasons for restraining the defendant in the courtroom. Boose, 66 Ill.2d at 266, 5 Ill.Dec. 832, 362 N.E.2d at 305. Additionally, the Boose court provided a nonexclusive list of 12 factors for the trial court to consider in making its determination. Boose, 66 Ill.2d at 266-67, 5 Ill.Dec. 832, 362 N.E.2d at 305-06.
That same year, our supreme court applied Boose to a bench trial, noting the shackling of an accused without clear cause jeopardizes the presumption of innocence's "value and protection and demeans our justice." In re Staley, 67 Ill.2d 33, 37, 7 Ill.Dec. 85, 364 N.E.2d 72, 73 (1977). In both Boose and Staley, the supreme court affirmed the appellate courts' reversal of the trial courts' judgments. Boose, 66 Ill.2d at 269, 5 Ill.Dec. 832, 362 N.E.2d at 307; Staley, 67 Ill.2d at 38, 7 Ill.Dec. 85, 364 N.E.2d at 74.
Two years later, the court addressed a defendant's contention his conviction should be...
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