People v. Ward
| Citation | 609 N.E.2d 252,181 Ill.Dec. 884,154 Ill.2d 272 |
| Decision Date | 19 November 1992 |
| Docket Number | No. 68274,68274 |
| Parties | , 181 Ill.Dec. 884 The PEOPLE of the State of Illinois, Appellee, v. Jerry WARD, Appellant. |
| Court | Supreme Court of Illinois |
Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb and Gael A. McCaughey-O'Brien, Asst. State's Attys., of counsel), for the People.
Following a jury trial in Cook County, defendant, Jerry Ward, was found guilty of the murder of Bruce Herd and Herd's girlfriend, Pamela Williams (Ill.Rev.Stat.1983, ch. 38, par. 9-1(a)), the armed robbery of Bruce Herd (Ill.Rev.Stat.1983, ch. 38, par. 18-2(a)), and possession of a stolen motor vehicle (Ill.Rev.Stat.1983, ch. 95 1/2, par. 4-103(a)(1)). After the verdict was rendered, the court found the defendant eligible for the death penalty, since he was over the age of 18 at the time the offenses were committed, he committed two murders, and they were committed in the course of an armed robbery. After finding that there were insufficient mitigating factors to preclude the imposition of the death penalty, the defendant was sentenced to death, as well as to a 30-year term of imprisonment for the armed robbery, and three years' imprisonment for possession of a stolen motor vehicle. The death sentence was stayed (134 Ill.2d R. 609(a)), pending direct appeal to this court (Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d R. 603).
Concerning the guilt phase of the trial, defendant raises as issues whether: (1) the trial court erred in admitting into evidence a pair of undershorts alleged to be defendant's; (2) the court improperly admitted a police officer's testimony that brain matter was present on defendant's face and clothing; (3) the defendant was denied due process when the tissue matter on defendant was not preserved; (4) defendant was denied a fair and impartial trial by the prosecution's references to Williams and her family; (5) the admission of testimony that defendant was unemployed was prejudicial error; (6) the trial court abused its discretion in replacing an ill juror; (7) defendant was denied his right to present a defense when the court refused to grant a further continuance to locate defense witnesses; (8) defendant's statement regarding the offense of possession of a stolen motor vehicle should have been admitted under the completion doctrine; (9) defendant's statement regarding the offense of possession of a stolen motor vehicle should have been admitted as a declaration against penal interest; (10) the evidence was sufficient to prove that he committed two murders beyond a reasonable doubt; (11) defendant was denied effective assistance of counsel; (12) the prosecution made improper remarks during its closing argument; and (13) defendant's conviction for armed robbery should be vacated due to insufficient evidence.
Pertaining to his sentencing hearing, defendant raises as issues whether: (1) the State failed to prove that the offense of murder was committed in the course of an armed robbery; (2) defendant's prison record was improperly admitted and considered as an aggravating factor; (3) defendant should receive a new sentencing hearing since the court decided that death should be imposed because he would be a danger in prison; (4) the court denied defendant a fair death penalty hearing in allowing evidence of an unsubstantiated rape charge; (5) the judge failed to properly consider mitigating evidence concerning defendant's tragic family life; (6) the judge failed to consider defendant's criminal history as a mitigating factor; (7) the judge erroneously considered in aggravation the fact that Bruce Herd was immobilized and then executed, that Williams did not resist but was executed, and that defendant intended to kill; (8) the imposition of a death sentence in this case was excessive and inappropriate; and (9) the introduction of testimony that defendant was a member of a gang at the sentencing hearing violated his constitutional right to free association.
Concerning the constitutionality of the Illinois death penalty statute, the defendant raises as issues whether: (1) the statute places a burden of proof on the defendant, precluding meaningful consideration of mitigation; and (2) the statute is unconstitutional because it does not sufficiently minimize the risk of arbitrarily or capriciously imposed death sentences.
The relevant facts are as follows. On February 15, 1986, in Chicago, the defendant allegedly shot Herd to death, beat Pamela Williams to death, and contemporaneously committed armed robbery by taking Herd's automobile. The evidence utilized by the State in the prosecution of defendant was primarily circumstantial, and was introduced through the testimony of numerous individuals. Where necessary, additional relevant facts will be discussed as each individual issue is discussed in depth.
Clara Herd Johnson testified that on February 15, 1986, her brother, Bruce Herd, came to her house between 6:30 and 7:30 p.m. with his cousin Larry. After about 10 minutes, Herd left her house with the keys to her 1977 Buick. Gerald Williams and Charles Williams testified that at some time between 7 and 8 p.m. Herd arrived at the apartment of his girlfriend, Pamela Williams, at 3910 W. Lexington. They remained at the apartment for a short time, then left saying they were going to the liquor store.
Curtis Rollins, who lived at 3837 W. Fillmore, testified that he was lying in bed sleeping on the night of the 15th when at about 9:20 p.m. he heard two gunshots. He looked out the window but could not see anything because a garage blocked his view. He also stated that at about 11 p.m. he went to the store and on his return he saw a body, which turned out to be Williams', lying in front of a garage in the alley.
Police officers Joseph Scardino, James Peck and James Summerville testified that they responded to a call of a man being dumped from a car. They went to the rear of 914 S. Independence between 9:30 and 9:35 p.m. At that location they saw a black male lying in the snow, with a gunshot wound to his skull, later identified as Bruce Herd. Officer Scardino left the scene accompanied by his partner, Officer Prendkowski, and they drove around the area when he heard a description of the "suspect vehicle" as a gray Oldsmobile with the left rear bumper protruding from the car. While driving north on Springfield he saw a gray car traveling in the opposite direction. Scardino slowed down as the gray car drove through the intersection, and at this time, Scardino noticed that the car fit the description. After seeing the squad car, the driver sped away. Scardino then made a U-turn and followed the car south on Springfield and into an eastbound alley. At about 917 S. Springfield the car struck a building. Scardino stopped the squad car behind the gray vehicle as its tires were spinning on a patch of ice in an attempt to pull off. Scardino approached the car on the passenger side while Prendkowski approached on the driver's side. Defendant, who was driving the car, had his hands in the air, and as Prendkowski opened the driver's door, defendant reached into his waistband with his right hand and flipped a gun onto the front seat; he then raised his hands back into the air. Prendkowski pulled the driver out of the car and Scardino went around to assist in the arrest. The officers recovered a Smith and Wesson .38-caliber revolver, with two spent cartridges, from the front seat. Scardino testified that he saw a "red substance in the form of dots" as well as "white fleshy material or matter" on the car and on defendant's face and clothes. Then, over defense objection, he added that, based on his past experience, he believed the fleshy material to be brain matter.
Officers Peck and Summerville, responding to the call, arrived at 914 S. Springfield shortly after defendant had been handcuffed. Peck and Summerville stated that they also saw a red substance on defendant's face and on the front of his clothing along with "white flesh." They saw the same red substance and "white flesh" on the trunk and right rear quarter panel of the car. Defendant was arrested at about 9:50 p.m. and then was transported to the station, but no attempt was made by the police to preserve the "white fleshy matter."
Officer Hernandez testified that, at about 10:35 p.m. he went to the alley at 3824 W. Grenshaw where he saw a woman, later identified as Pam Williams, lying in the snow, with her head "bashed in." A tire jack and hat were also lying in the snow near the body.
After police evidence technician Frank DeMarco collected all of the physical evidence in this case, Pamela Fish, a serologist for the crime lab, did an analysis of the blood samples submitted. She examined defendant's clothing, as well as samples from the tire jack, the garage door, and the car trunk lid and right fender. All of the bloodstains were found to be consistent with the blood of Williams, but inconsistent with Herd's and defendant's blood.
Kathleen Galagan, a chemist in the crime lab, performed the gunshot residue analysis and determined that swabs taken from defendant's hands were consistent with his having recently discharged a handgun.
Edmond Donaghue, the deputy medical examiner, performed the autopsy on both Herd and Williams. When he examined Herd, he recovered a lead bullet from the front of his neck. He determined that the cause of death was a gunshot wound to the back of the head. The examination of Williams revealed 46 external injuries[154 Ill.2d 291] and 11 internal injuries. The external injuries were to the back of the head, the face, neck, and upper back areas....
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