People v. Taylor

• Decision Date: 24 September 2004
• Docket Number: No. 1-01-2101.,1-01-2101.
• Citation: 818 N.E.2d 728,353 Ill. App.3d 462,288 Ill.Dec. 793
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael TAYLOR, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

818 N.E.2d 728

353 Ill. App.3d 462

288 Ill.Dec. 793

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael TAYLOR, Defendant-Appellant.

No. 1-01-2101.

Appellate Court of Illinois, First District, Fifth Division.

September 24, 2004.

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago, for Plaintiff-Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago, for Defendant-Appellee. Justice NEVILLE delivered the opinion of the court:

Michael Taylor and Terrence Willis were charged in connection with an incident that occurred on December 23, 1998. Prior to the trial, the Willis and Taylor cases were severed and Taylor was tried by a jury. After the jury trial, defendant, Michael Taylor, was convicted of aggravated battery, aggravated unlawful restraint, and attempted escape. The court sentenced Taylor to five years' imprisonment for aggravated battery, five years for attempted escape, and three years for aggravated unlawful restraint, all sentences to be served concurrently.

Taylor now appeals, presenting the following issues for our review: (1) whether the State proved Taylor guilty beyond a reasonable doubt, under an accountability theory, of aggravated battery, aggravated unlawful restraint and attempted escape; (2) whether the plain language of section 31-6(a) of the Criminal Code of 1961 (the Code) (720 ILCS 5/31-6(a) (1998)) precludes the prosecution of juveniles thereunder; and (3) whether the trial court improperly allowed the jury to consider Taylor's prior juvenile adjudication to impeach his testimony.

BACKGROUND

THE STATE'S CASE

RALPH SMITH'S DIRECT TESTIMONY

Ralph Smith, a detention counselor at the juvenile temporary detention center, testified that, at approximately midnight on December 23, 1998, he arrived for his 12 to 8 a.m. shift in section 4G of the detention center. There are 18 cells in unit 4G and each cell houses one resident. The cells have glass doors and contain a bed, a desk, a toilet, a face bowl, bed linen, and personal items belonging to the residents. Smith testified that when he arrived for his shift, all the residents were in their cells.

Smith testified that a few minutes after he arrived on duty, Terrence Willis, a resident assigned to cell 3, called to Smith, who was sitting at a console about 30 to 40 feet away from cell 3, and asked Smith to bring him some tissues. Smith approached the door to Willis's cell, intending to slide the tissue under the door. When Smith arrived at the cell, Willis pushed the door open, grabbed him around the neck from behind, and cut his throat with a boxcutter. Smith testified specifically that at the time Willis cut him, Willis was standing behind him. Smith also testified that, at this time, no other residents were out of their cells.

Smith testified that Willis ran to the console and pulled all the phone cords out. Willis asked Smith for his keys and Smith said no. After having a few words, Willis cut Smith's hands and Smith dropped the keys. Willis picked up the keys and at that time Smith was "still in shock." Willis next "opened some doors." When asked specifically whose door Willis opened, Smith stated, "I know he [Willis] opened Michael Taylor's door." After Willis opened Taylor's door, Willis asked Taylor to help him. Smith told Taylor, "[D]o not get involved. Go back in your room." Taylor walked back and forth about the unit, but Smith did not know specifically what Taylor did at that point.

Smith testified that after Willis freed Taylor from his cell, Willis told Smith to go into cell 12, which was assigned to Tommy Wilson. The door to Wilson's cell was open, and there was no one inside. Smith refused to enter Wilson's cell and threw a chair. Willis, with the assistance of Taylor, then attempted to push Smith into Wilson's cell. Smith struggled to keep the door open but he was overpowered by Willis and Taylor. The door was closed and locked. Smith stated he lost a lot of blood during the struggle with Willis while locked in Wilson's cell.

Smith testified that after being locked in Wilson's cell, he banged the bed frame on the floor to alert other staff members he needed help. When asked specifically what he saw Taylor do after he, Smith, was locked in Wilson's cell, Smith responded: "Well, I was really in a state of shock. I know there was a lot of movement. I don't know exactly what was going on."

Smith testified he next saw Melvin McBride, supervisor at the detention center, come to the door to section 4G. Willis ran up to the door, and McBride closed the door to keep Willis locked inside the unit. McBride returned shortly with others to help Smith, including supervisor Albert Liggauyu, Zack Moore, and Cornelius Holloway. Smith stated he was feeling "[r]eal weak." Smith stated, "I was on my way out." And further that "[he] was real fainty and, you know, probably going into shock or on the verge of going into shock." Paramedics arrived and took Smith to the hospital, where he had surgery on his neck and hand. Smith remained in the hospital for two to three days.

RALPH SMITH'S TESTIMONY ON CROSS-EXAMINATION

Smith's Pretrial Report to his Superiors

Smith testified on cross-examination that he prepared a written report of the incident, dated January 3, 1999, and faxed it to Michael Granberry, the floor manager. Defense counsel asked Smith to review defense exhibit 1 and Smith identified it as the report he faxed to Granberry.¹

Smith was questioned as to the statements he made in the report. Smith agreed that he reported that he could not remember if Taylor assisted in helping lock the door. Smith agreed that the only mention of Taylor in the letter to Granberry is that Smith could not remember if Taylor assisted. Smith also agreed that the letter does not say who pushed him into the door. Finally, Smith agreed that the letter does not say who locked the door.

Smith's Other Testimony

Smith also testified on cross-examination that "after [he] was cut [he] was in shock." Smith agreed that after Willis took the keys he lost a lot of blood and was going into shock. Smith testified that he saw Willis open Taylor's door with the keys and that it was not until he was pushed into Wilson's cell that he heard other doors opening. Smith agreed that Willis opened Taylor's door and asked Taylor to assist him and that he (Smith) told Taylor to not get involved. Smith also agreed that he saw Taylor "walking back and forth" and that there was confusion.

TOMMY WILSON'S TESTIMONY

Wilson's Pretrial Statement to Police

Tommy Wilson testified that, in December 1998, he was a resident of the detention center and assigned to cell 12 in section 4G. Wilson was questioned about inconsistencies between the story he originally told police immediately after the incident and the story testified to at trial. In his first version of events, Wilson told Officer Michael Hughes (1) that Willis and Taylor were out of their cells when Smith began his shift, (2) that a fight broke out between Willis and Smith when Smith tried to get Willis and Taylor into their cells, and (3) that Taylor joined in the fight between Willis and Smith. Wilson also originally told police that Taylor took Smith's keys and opened Wilson's door and Willis threatened his (Wilson's) life by holding a knife to his face.

Wilson's Direct Testimony

Wilson testified to a different version of events at trial. Wilson testified that shortly after midnight on December 23, 1998, he was standing by the glass door of his cell when he observed the following: Smith was escorting Willis back to his cell; Smith and Willis begin to struggle in an aggressive way; and Willis tried to push his cell door open as Smith was attempting to push it shut. Willis cut Smith's throat with a box cutter. Smith threw his hands up and Willis cut Smith's hands several times.

Wilson testified that he watched Smith move towards the console and attempt to grab the phone but saw Willis grab the phone and throw it across the unit. Willis and Smith began to struggle again. Willis opened his (Wilson's) cell, cell 12, and attempted to push Smith inside. Wilson ran out of his cell and towards the TV room. Willis was not able to get Smith into cell 12 by himself so Willis opened Taylor's door, cell 14, and asked Taylor to help him put Smith into Wilson's cell. Taylor, after being let out of his cell, went up behind Smith and pushed Smith as Willis pulled Smith into Wilson's cell. After putting Smith in Wilson's cell, Taylor ran towards the bathroom area. Wilson then heard Willis call Taylor back to help lock the door. Wilson specifically stated, "I saw [Taylor], you know, put his hands on the door and one of his feet, you know, and help push, you know, the door closed so they could lock it."

Wilson testified that after Smith was locked in the cell, Willis and Taylor took a chair and repeatedly smashed it against the window in Taylor's cell. Willis next used the keys to unlock a wall cabinet and retrieve a baseball bat. Willis returned to Taylor's cell and banged on the window with the baseball bat. During this time, Smith was lying on the floor in Wilson's cell. Wilson did not hear any noise coming from the cell.

Wilson testified that he next saw a staff member come to the section. The staff member took his keys out of his pocket and opened up the door to the unit. At this time, Willis and Taylor were both in the bathroom area. Willis came from the bathroom area and approached the staff member at the door. Willis told the staff member that Smith was bleeding in the bathroom and needed help. Willis struggled with the staff member and attempted to pull him into the section, but the staff member was able to close the door. Wilson next saw Taylor and Willis run off in different directions.

Wilson's Testimony on Cross-Examination

On cross-examination, Wilson testified that Willis and Smith were face-to-face when Willis cut Smith's throat. He specifically...