People v. Talbert
| Decision Date | 04 December 2018 |
| Docket Number | No. 1-16-0157,1-16-0157 |
| Citation | 2018 IL App (1st) 160157,428 Ill.Dec. 478,122 N.E.3d 739 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Keith TALBERT, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
James E. Chadd, Patricia Mysza, and Stephanie T. Puente, of State Appellate Defender’s Office, of Chicago, for appellant.
Kimberly M. Foxx, State’s Attorney, of Chicago (Alan J. Spellberg, Janet C. Mahoney, and Brian A. Levitsky, Assistant State’s Attorneys, of counsel), for the People.
¶ 1 Following a jury trial, defendant Keith Talbert was found guilty of the first degree murder of Antonio Johnson, the attempted first degree murder of Annette Johnson, and the aggravated discharge of a firearm in the direction of Anthony Wardlow. Defendant received a cumulative sentence of 100 years in prison. On appeal, defendant asserts that the trial court abused its discretion by permitting the jury to hear evidence of prior bad acts committed by his cousin, Richard Talbert, just weeks before the shooting. Defendant also contends that trial counsel was ineffective where counsel promised, but did not deliver, testimony identifying a different perpetrator. For the following reasons, we affirm the trial court's judgment.
¶ 3 In 2011, Annette lived with her sons Antonio and Anthony at 732 North Springfield. Antonio was a 15-year-old high school student and Anthony had recently been released from prison, where he served a sentence for aggravated robbery. The State's theory at trial was that animosity existed between the Johnson-Wardlow family and defendant's cousin Richard because the family opposed Richard's activity as the neighborhood drug dealer. In addition, the trial court granted, over defendant's objection, the State's motion in limine to present evidence of Richard's prior interaction with the Johnson-Wardlow family. According to the State, on the afternoon of September 25, 2011, Richard instructed defendant to shoot members of the family.
¶ 4 In contrast, defendant asserted that he had been misidentified as the shooter. His trial counsel gave the following opening statement:
¶ 5 At trial, Ashley Wardlow, Annette's daughter, testified that on September 25, 2011, she drove Annette to the grocery store. When they returned to Annette's home, the two women, Antonio, and Anthony unloaded groceries. No one else was in front of the house or across the street at that time.
¶ 6 From inside the house, Ashley heard four or five gunshots. One bullet came through the window. Annette was shot in the arm, and Antonio lay unresponsive on the porch, bleeding through his nose and mouth. After Ashley called 911, Annette and Antonio were taken to the hospital, and Ashley spoke to police officers at the scene. Ashley testified that Antonio had no problems with anyone in the neighborhood but Anthony had problems with Richard. That being said, Ashley also testified that she did not know if Anthony, Annette, or Antonio had problems with defendant.
¶ 7 Anthony testified that in 2011, boys who were 17 years old or younger regularly sold drugs in front of his family's home. Richard wanted Anthony to sell drugs for "them," apparently referring to Richard and his fellow gang members, but Anthony declined. At some point, Annette was in a store when Richard indicated he was going to harm Anthony. In addition, Richard was in front of Annette's house in early September 2011 when he threatened to burn it down. Defendant was not present for that threat. Hours later, another individual set the home ablaze. Meanwhile, drug sales continued in front of the house.
¶ 8 On September 25, 2011, Anthony and Antonio were waiting outside the house for Annette and Ashley to come home with groceries. Defendant, who had short dreadlocks and went by the nickname Kee-Kee, drove by in a cream or beige Cadillac. Anthony had seen defendant around the neighborhood but did not know his name at that time. Richard was sitting in the passenger seat of the Cadillac. Richard pointed to Anthony and appeared to say to defendant, "that bitch-ass nigger right there." Defendant looked at Anthony and "[s]hook his head, like I got you." After the Cadillac left, Annette and Ashley returned home. The Cadillac returned as well, however, only five minutes after it had left. Now alone in the car, defendant yelled, "hey, Anthony, get your bitch-ass out here." Anthony then looked at defendant, who pointed his gun out the car window and fired five or six shots, striking Antonio in the head and Annette in the arm. Antonio subsequently died.
¶ 9 Later at the scene, Anthony described the incident and the perpetrator for the police. Although Anthony originally testified that he was not paying attention to whether defendant's dreadlocks were dyed, Anthony subsequently acknowledged telling the police that the tips of defendant's dreadlocks were brown. Anthony also related the family's problem with drug sales outside their home. The next day, Anthony identified defendant as the shooter from a photo array and similarly identified Richard from a photo array. Anthony identified defendant from a lineup in February 2012, although he looked somewhat different at that time.
¶ 10 Annette testified that when she learned that Richard had sent teenagers to sell drugs in front of her house and hide drugs in her shrubs, she asked Richard to stop them. The situation did not change, prompting Annette to call 911 whenever she saw drug dealers outside. At some point, she began providing information to Detective James Sajdak and allowed the police to do surveillance from her attic. Detective Sajdak's own trial testimony confirmed this. Additionally, Annette testified that Richard repeatedly came over to speak to Anthony, who wanted nothing to do with Richard. Moreover, Annette testified that in early September 2011, Richard and an associate of his had words with Anthony outside their house. Richard was angry and exclaimed, "burn the bitch." Hours later, her house was set on fire while the family was home. Annette did not see Richard at the time of the fire.
¶ 11 As to the day of the shooting, Annette testified that when she and Ashley returned home, Antonio, Anthony, his girlfriend, and Annette's cousin were there. Anthony was talking with Antonio and Annette on the porch when a young, brown-skinned man with dreadlocks and a scar on his eyebrow approached in a car. In court, Annette identified that young man as defendant and testified that she had not seen him before. He yelled, "Anthony, with your bitch ass," and fired five or six shots at them. Annette froze after being shot in the arm. When another shot was fired, she dove to the side of the porch where Antonio fell on her.
¶ 12 Afterward, Annette said she had been shot in the arm and told Antonio to get off of her. When Annette pulled herself out from underneath him, she saw a trickle of blood run down the side of his neck. Anthony told him not to move while Ashley called 911. At the hospital, Annette told Detective David March what she had seen. She also said that the vehicle was light in color, possibly grey or beige, but she was not entirely sure. Annette further testified that she mentioned the problem of drug sales in front of her house. She identified defendant from a photo array the next day and identified him from a lineup in February 2012, although he no longer had dreadlocks. When the bullet later fell out of her arm, she gave it to Detective March.
¶ 13 Detective March testified that at the scene, he spoke to Anthony, who described the offender as a black male in his twenties and approximately six feet, one inch tall, with a medium complexion. According to Anthony, he had black dreadlocks with brown tips. Anthony said he had seen the offender in the neighborhood several times but did not know his name. Anthony later said his nickname was Kee-Kee. According to Anthony, the offender was driving an older cream-colored, four-door Cadillac and that he fired eight or nine times from the car. While the offender was alone in the car at the time of the shooting, the offender had driven by the house with a black male named Richard shortly before the shooting. Anthony added that his family had ongoing tensions with individuals who were selling drugs on their block, including Richard.
¶ 14 At some point, Detective March interviewed Annette, who recalled three or four shots and believed the car was light colored or grey. Annette did not report having personal problems with defendant. Detective March also testified that not many people were at the scene when he arrived and no other witnesses came forward. Officer Matthew Gordon similarly testified that only family members provided information at the scene. According to Officer Gordon, it was not easy to get witnesses to come forward in this area.
¶ 15 Detective Patrick Deenihan testified that, shortly after the shooting, he went to the hospital and learned that Antonio was in critical condition with a gunshot wound to his head. He then spoke with Annette, who gave a detailed description of the shooting. She said the offender was a thin, black male of medium complexion who wore his hair in dreadlocks. According to Annette, he was driving a grey-colored vehicle and she heard three or four shots. She did not relate any prior issues with the offender.
¶ 16 The next day, Detective Deenihan learned from Anthony and Annette that they recently had problems with drug dealers...
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...(2004) (on direct appeal, resolving defendant's claim of ineffective assistance based on failure to call alibi witnesses); People v. Talbert , 2018 IL App (1st) 160157, ¶¶ 47-54, 428 Ill.Dec. 478, 122 N.E.3d 739 (on direct appeal, rejecting defendant's argument that counsel was ineffective ......
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