People v. Williams, 1-88-0333

• Decision Date: 15 May 1991
• Docket Number: No. 1-88-0333,1-88-0333
• Citation: People v. Williams, 574 N.E.2d 62, 214 Ill.App.3d 499, 158 Ill.Dec. 268 (Ill. App. 1991)
• Parties: , 158 Ill.Dec. 268 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Diane WILLIAMS, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 62

574 N.E.2d 62

214 Ill.App.3d 499, 158 Ill.Dec. 268

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v.Diane WILLIAMS, Defendant-Appellant.

No. 1-88-0333.

Appellate Court of Illinois First District, Third Division.

May 15, 1991.

State Appellate Defender by Debra R. Salinger, Asst. Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County(Renee Goldfarb and Judy L. De Angelis, of counsel), Chicago, for plaintiff-appellee.

Presiding Justice CERDAdelivered the opinion of the court:

Following a jury trial, defendantDiane Williams, was convicted of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1) and sentenced to 37 years' imprisonment.Her defense at trial was self-defense based on the child sexual assault syndrome.On appeal, defendant argues that (1)the trial court erred in giving the Illinois Pattern Jury Instructions, CriminalNos. 7.02, 7.06 (2d ed. 1981)(hereinafter IPI Criminal 2d) for murder and voluntary manslaughter that were found erroneous in People v. Reddick(1988), 123 Ill.2d 184, 122 Ill.Dec. 1, 526 N.E.2d 141;(2)she was denied a fair trial when the State falsely insinuated that a psychiatrist's evaluation of defendant refuted expert testimony from a psychotherapist; (3)she was denied a fair trial when prior bad acts evidence was improperly admitted to show her propensity to commit acts of misconduct; (4)she was denied a fair trial due to prosecutorial misconduct in the closing argument; and (5)the trial court erred in imposing the sentence of 37 years' imprisonment.

On February 25, 1986, Howard Brown was shot and killed.His adopted daughter, defendantDiane Williams, and her friend, Dale Davis, were indicted for the murder, concealment of a homicidal death, and armed violence.The trial was severed, and the State nolle prossed the concealment and armed violence charges before the jury trial began.

Emma and Howard Brown adopted defendant when she was a child.Defendant testified that her father began sexually abusing her when she was young by putting his hands on her vagina and fondling her.By the time defendant was eight or nine years old, her father would make her lay down and would touch her breasts and her vagina.When defendant was in the eighth grade, her father began having sexual intercourse with her.Defendant further testified that her father performed these sexual acts when her mother was out of town for her job.He never tried anything when her mother was around.Defendant testified that she had told her mother and her aunt about her father's actions, but her mother denied ever being told about any abuse.Defendant's mother testified that she never saw her husband abuse defendant and that defendant was never left alone with her father.Defendant's aunt is now deceased.

Defendant stated that she ran away twice to get out of the house because it hurt too much to stay in the house.In the late 1970's, she left home and moved to Texas, where she met and married Emmett Williams, who was nearly 20 years older than she.Defendant testified that during their seven year marriage, her husband abused her by hitting her in the head with a telephone, turning a table on her feet, and nailing the house windows shut.Mr. Williams denied ever hurting the defendant.Defendant left Texas and returned to Chicago, occasionally living with her adoptive parents from 1979 through 1986.

Defendant stated that after her mother began going out of town in August 1985, she moved to Kalamazoo, Michigan, to avoid being alone with her father.In September 1985, defendant was badly injured in an automobile accident.After being hospitalized and undergoing surgery, she returned to her parents' home in November 1985.In Chicago, defendant underwent therapy for her leg injury under the care of Dr. Spitz, who testified at trial.When her mother began traveling in January 1986, defendant moved out of her parents' house and went to stay with Gladys Griffin and Earnestine Williams until March 5, 1986, when she was arrested.

During the first week of February 1986, codefendant Davis asked Ms. Griffin to get her a gun.Ms. Griffin arranged for the purchase, and gave the gun to Davis.Defendant testified that she sometimes carried the gun because she lived in a violent neighborhood and could not run due to her leg injury.

Defendant testified that she called her mother on the morning of February 26, 1986, to ask if she would be at home because defendant wanted to get her things and show her parents her new used car.Mrs. Brown testified that she received a collect call from defendant at approximately 8 or 8:30 a.m.When she asked defendant where she had been, defendant answered that she had been out of town and had just returned with her boyfriend.Mrs. Brown told defendant that she had been sick for two weeks and was going to the doctor that day.

Later that morning, Mrs. Brown received another collect call from defendant at approximately 10:30 a.m. Defendant offered Mrs. Brown a ride to the clinic, then asked what time she was going to the clinic and when she would be home.Mrs. Brown told defendant that she would be leaving in a few minutes with a friend who was driving her, and asked defendant to clean the kitchen when she came over.Mr. Brown was in the apartment at the time.

Defendant testified that she and codefendant Davis went to her parents' home and drove down the alley three or four times.When defendant got to the apartment only her father was home.Her father told her to go to the clinic to pick up her mother, which she did.Defendant arrived at the Mercy Hospital clinic at approximately 1 p.m. and told Mrs. Brown, "Daddy told me to come and pick you up."After telling defendant that she already had a ride, Mrs. Brown gave defendant $2 for gas.When Mrs. Brown again told the defendant to go home and do the dishes, defendant left.

Defendant went back to her parents' apartment.Defendant stated that she told codefendant Davis that she was not going to do any dishes, but was going to get her things and leave as quickly as possible.Davis waited in the car while defendant went inside.Initially, defendant was locked out of the building, and the landlord's niece, Eloise Lee, let her into the building.Mrs. Lee testified that defendant did not look unusual for someone who was locked out, and did not appear nervous, upset, or distraught.

Defendant further testified that when she entered the apartment, her father began arguing with her about missing pots and pans.She stated that she begged her father to leave her alone, but he grabbed her and pushed her against the wall.Defendant stated that her father was ready to fight, which usually meant he was going to "try something else."She said that she was afraid that he was going to sexually assault her.When her father said, "It had been a long time", defendant believed that her father was going to hurt her.She told him to leave her alone.After he turned off the water in the kitchen, defendant took out the gun she was carrying, closed her eyes, and pulled the trigger, hitting her father twice in the back.

When her father did not move, defendant panicked and ran downstairs to get Davis.After defendant told Davis she did not know what to do, the two women went upstairs, put plastic bags over Mr. Brown's body, and dragged him into the front closet.Defendant testified that she was too scared to call the police because she thought her father was already dead.Defendant also testified that she had never before fired a gun.According to police, defendant made a statement that she and Davis displaced items in the apartment and broke the back door window to make it look like a burglary.After leaving the apartment, defendant and Davis went to Griffin's house, where defendant gave the gun to Griffin and told her to put it away.Griffin placed the gun in her purse in a closet.

Mrs. Lee stated that she saw defendant come downstairs one-half hour after she arrived.Defendant did not appear nervous or injured, nor was she crying.She did not make any complaints about her father.Mrs. Lee then saw defendant and another person walk upstairs.At that time, defendant was not using a cane or crutches.

After being treated by the doctor, Mrs. Brown returned home around 3 or 3:30 p.m.She walked up the back stairs to her third floor apartment where she noticed the door cracked, the gate across the door, and her dog not barking.After seeing glass on the back porch floor, Mrs. Brown went down to the first floor apartment and called the police.When the police arrived, Mrs. Brown told them what she saw and accompanied them to her apartment.When the police officers discovered Mr. Brown's body in a plastic bag in the front closet, they told Mrs. Brown to leave the apartment.When she returned later, Mrs. Brown noticed that various items were in disarray or missing.

Police Officer Frank Ford testified that around 4 p.m. on February 25, 1986, he went to the crime scene.He met Mrs. Brown, who told him that she thought her apartment had been burglarized.Officer Ford noticed that the kitchen door was slightly ajar, the lower left window pane of the kitchen door had been broken, and glass lay on the outside porch.While searching the apartment, Mrs. Brown opened a closet door and an object in a plastic bag fell out.Recognizing the object as a body, Ford asked his partner to take Mrs. Brown out of the apartment while he performed CPR on the warm body.After the paramedic team came and attempted to revive the victim, the officer secured the apartment.

Detective Albert Wolff testified that on March 5, 1986, he went to Ms. Griffin's apartment, searched it, and arrested the defendant and codefendant.At the police station, the defendant admitted shooting her father, but stated that she did so because she was afraid of him.

At trial, Judith Roth, a psychotherapist, testified that she examined the defendant...