People v. Tillman
| Decision Date | 27 December 1991 |
| Docket Number | No. 1-88-0737,1-88-0737 |
| Citation | 589 N.E.2d 587,226 Ill.App.3d 1 |
| Parties | , 168 Ill.Dec. 187 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael TILLMAN, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Blair, Russell & Cole, Chicago (Chester L. Blair, of counsel), for defendant-appellant.
Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Maureen A. Harton, of counsel), for plaintiff-appellee.
After a bench trial, defendant, Michael Tillman, was convicted of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1)), aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, par. 12-14(a)(2)), and aggravated kidnapping (Ill.Rev.Stat.1985, ch. 38, par. 10-2(a)(3)). He was sentenced to natural life in prison for the murder, 30 years' imprisonment for the aggravated criminal sexual assault, and 15 years' imprisonment for the aggravated kidnapping. Defendant argues on appeal that (1) the trial court erred in refusing to suppress his involuntary statement prior to 9 p.m. on July 22, 1986; (2) he was denied effective assistance of counsel; and (3) there was insufficient evidence to prove him guilty beyond a reasonable doubt.
Defendant, Michael Tillman, was charged with murder, aggravated kidnapping, aggravated criminal sexual assault, residential burglary, and armed violence stemming from the July 20-21, 1986, death of Betty Howard. Codefendants Steven Bell and Clarence Trotter were similarly charged. Trotter's case was severed before the hearing on the motions to suppress statements by Tillman and Bell. The trial court ruled that any statements made by Tillman after 9 p.m. on July 22, 1986, would be suppressed. The trial court then heard the simultaneous, but severed, trials of Tillman and Bell. At the close of the State's case, the trial court entered a directed finding of not guilty for both defendants on the residential burglary charges.
At the close of the trial, defendant, Tillman, was found guilty of murder, aggravated criminal sexual assault, and aggravated kidnapping. Codefendant, Bell, was acquitted of all charges. Defendant was allowed a substitution of attorneys for the post-trial motions and sentencing. The trial court found that defendant qualified for the death penalty, but that sufficient mitigating factors existed to preclude its imposition. Defendant was sentenced to a term of natural life imprisonment for the murder, 15 years' imprisonment for the aggravated kidnapping, and 30 years' imprisonment for the aggravated criminal sexual assault.
On Saturday, July 19, 1986, at about 7:15 p.m., the victim, Betty Howard, left Betty Woods' home, stating that she was going home and would return later that evening. She did not return. The next day, Ms. Howard did not pick-up Ms. Woods at 9 a.m. for a picnic, as planned. When Ms. Howard did not arrive, Ms. Woods phoned her home, but there was no answer. At noon, Ms. Woods called again, but the line was busy. At 12:10 p.m., Ms. Woods called a third time, and an unfamiliar man's voice answered the phone. When Ms. Woods asked for Ms. Howard, the man stated that she had already left for the picnic. Ms. Howard, however, never arrived at the picnic.
When Ms. Howard's adult son, Eddie Howard, Jr., heard that his mother had not shown up, he went to her apartment to investigate. When he arrived at her building around 5 p.m., he noticed that his mother's car was not in the parking lot. To enter the building, Eddie rang defendant's bell. Defendant, who was the building's janitor, buzzed Eddie in. Eddie then let himself into his mother's apartment with his own key, but found no one at home. The contents of Ms. Howard's purse were dumped on the couch, her stereo and television were missing, and the bedroom dresser drawers were pulled out. Eddie went downstairs, got his girl friend, and returned to his mother's apartment on the fifth floor. Defendant was also in the elevator, but he continued going up after Eddie and his girl friend left the elevator. Eddie called the police, who classified the call as a missing person.
Shortly afterwards, Eddie's sister, Angelita Howard, and his aunt, Darron Alexander, arrived at the apartment. Two other family members and several police officers also arrived. Eddie and Angelita went outside the building and asked around about their mother. Three sets of police officers came to the apartment. At 1:15 a.m. on July 21, 1986, Detectives Ronald Boffo and Peter Dignan arrived at the scene. Around 2 a.m., Angelita and Darron started to leave. When they were on the first floor, they saw defendant, who told them that he and his girlfriend saw and heard something on the seventh floor. He wanted them to accompany him up to the seventh floor, and stated that he did not know what he saw or heard. Defendant, Angelita, and Darron went into the elevator. Angelita pressed the button for the fifth floor, where she got out to get the police.
Darron testified that while she was waiting, she asked defendant what he had seen. He told her that he had "seen something with his hands tied up like this." On cross-examination, Darron stated that she never told the police what defendant said, and told an assistant State's Attorney for the first time two weeks before the trial. At that point, the police and Angelita entered the elevator, and they all went up to the seventh floor.
When they got off the elevator, defendant pointed out apartment 7C, and the police opened the unlocked door. The apartment was dark and vacant. Defendant and family members followed the police officers into the apartment. Detective Boffo flashed his flashlight into the left bedroom and saw Ms. Howard's body. Defendant then said, "Eddie, that's your mother" or words to that effect.
Searching the rest of the apartment, the detectives found Ms. Howard's two-year-old son in the bathroom, where the door was closed. The baby, who was apparently unharmed, was taken out and given to the family.
Evidence technicians processed the crime scene. Ms. Howard, who was 42 years-old, was lying on her back, naked from the waist down, with her legs spread apart. Her wrists were tied to a radiator with yellow ligatures. She was gagged and a piece of towel was stuffed into her mouth. A blouse was partially wrapped around one of her arms, her tube top blouse was pushed up above her breasts, and a towel, which was blood soaked, was wrapped around her breasts. Ms. Howard had been beaten on her face and body. She was bleeding from her head, neck, and chest. The wounds appeared to be from a knife or other sharp object. The body was removed and taken to the morgue.
On July 22, 1986, Dr. Joanne Richmond performed an autopsy, which revealed a gunshot wound to the left temple, three stab wounds to the right side of the neck and right upper chest, and a stab wound to the left chest. The gunshot wound, which was not a contact wound, indicated that the victim was shot at close range. The bullet went through the brain and was lodged in the right side of the brain. The cause of death was both the gunshot wound and the left chest stab wound, which penetrated her heart. Because the body had begun to decompose, Dr. Richmond could not ascertain the time of death, although her report stated that death occurred on July 21, 1986.
The detectives questioned defendant in his apartment around 4:15 a.m. on July 21, 1986. At 6:30 a.m., the detectives asked defendant and his live-in girl friend, Princess Williams, to come to the Area 2 police station to answer questions. They complied. Defendant remained in the police station until July 25, 1986, when he appeared before a judge for a preliminary hearing. Statements and admissions which occurred at the police station were the subject of a motion to suppress statements.
Initially, defendant denied any involvement in the murder and cooperated with the police. During the motion to suppress hearing, defendant testified that he went voluntarily to the police station on the morning of July 21, 1986, and was initially questioned for 20 to 25 minutes. At that time, he was not handcuffed and had not received any Miranda warnings. During the morning, an evidence technician collected defendant's sweat pants, underwear, and pubic hair samples. According to defendant, he was then fingerprinted and handcuffed to the wall by Detectives Boffo and Dignan. At that time, defendant asked for a phone call, but was refused. Defendant further testified that he was questioned by Officer Wilson, who did not allow him to make a phone call.
Defendant stated that Boffo struck him across the right side of his head with his hand. Later that night, Detective Jack Hines hit him in the face with a phone book, causing a nosebleed. Hines asked him numerous times "who killed the woman?" then hit him with his fist, handcuffed his hands in back, and punched him in the stomach. Defendant stated that he threw up blood on his pants and fell to his knees. Defendant was then taken to the bathroom to get paper towels to clean up the floor. Defendant stated that he does not have a problem with nosebleeds and did not tell the police that he did. Defendant then agreed to take a polygraph test.
At the polygraph, which began around 9:20 p.m. on July 21, 1986, defendant testified that he told the polygraph examiner that he had slept the night before and that he was not on medication. He signed a consent form for the polygraph test. He also stated that Hines was present during the polygraph and that two tests were taken, although he was not removed from the machine between the two tests.
Defendant testified that on the way back to Area 2, he was taken to the railroad tracks behind the police station, where Hines put a gun to his head and threatened to kill him. According to defendant, about ten minutes after they returned to Area 2, Hines told him that he was a liar...
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