People v. Wilson

• Citation: 554 N.E.2d 545,143 Ill.Dec. 610,196 Ill.App.3d 997
• Decision Date: 16 April 1990
• Docket Number: No. 1-88-0105,1-88-0105
• Parties: , 143 Ill.Dec. 610 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earl WILSON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 545

554 N.E.2d 545

196 Ill.App.3d 997, 143 Ill.Dec. 610

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earl WILSON, Defendant-Appellant.

No. 1-88-0105.

Appellate Court of Illinois First District, Sixth Division.

April 16, 1990.

Sam Adam and Marc W. Martin, Chicago, for defendant-appellant.

Cecil A. Partee, State's Atty., Chicago (Renee Goldfarb and Bonnie Meyer Sloan, of counsel), for plaintiff-appellee.

Justice McNAMARA delivered the opinion of the court:

A jury found defendant, Earl Wilson, guilty of two murders, and the trial court sentenced him to a term of natural life imprisonment without parole. Defendant appeals, contending that certain evidence should have been suppressed as the fruit of illegal eavesdropping and the fruit of evidence seized without a warrant or probable cause; that defendant's confession was not voluntary and was obtained in violation of his right to counsel; that no probable cause existed to arrest defendant for murder; that the trial court unduly belittled defense counsel in front of the jury; that the admission of photographs of the crime scene and of the victims prejudiced defendant; that hearsay testimony concerning a mobile telephone conversation between defendant and another man setting up the murders, which was overheard by an anonymous informant, was improperly permitted; that the mug shot of defendant's accomplice was improperly used; that defendant and his ex-wife were improperly impeached with prior convictions; and that the cumulative effect of any errors requires reversal.

On November 18, 1986, just after midnight, Willie "Flukey" Stokes, a major Chicago drug dealer, and Ronald Johnson, his chauffeur, were shot and killed while sitting in Stokes' car with Diane Miller. Defendant claimed he witnessed the shooting. When the police arrived, defendant's car was stopped behind Stokes' car, and defendant was standing by the bodies, waving a gun, shouting that he was the bodyguard and the assailants had escaped.

Defendant was arrested at the scene for unlawful use of a weapon and firing a weapon within the city limits. He was subsequently released on bond. His mobile telephone was seized from his car by the police.

On November 18 and 19, 1986, an anonymous informant telephoned the police and reported that on November 18 shortly after midnight, he overheard two mobile telephone conversations describing the route two cars were taking on the south side of Chicago, and the exact arrival time and location of their destination, so that a crime could take place upon their arrival.

On November 21, 1986, the police obtained the telephone records for the mobile telephone in defendant's car. The records indicated he made two telephone calls just after midnight on the night of the murders, to a telephone registered to Elliot Taylor, another major drug dealer on the south side.

On November 24, 1986, the police arrested defendant for the murders.

Defendant moved to suppress evidence resulting from the seizure of his car telephone, to quash his arrest and suppress his confessions, and to suppress evidence regarding an anonymous informant's report that he heard telephone calls.

At the hearing, defendant testified regarding what occurred when the police arrived at the scene of the shooting, near 79th and Ellis. He pulled up behind the victims' black Cadillac when several men came up to the black car and began shooting. Defendant fired about five shots at the assailants. None of the assailants shot back at defendant. They were not paying any attention to him. He stood about two car lengths away from the assailants. He believed that he hit one person because he saw the man spin and heard him say that he was hit. When the men ran away, defendant went over to Stokes' car. He left his own car doubled parked behind Stokes' car, with the engine running. He saw that Stokes and Johnson had been shot and were in the front seat of Stokes' car. Miller was lying unharmed in the back seat of the car.

Defendant testified that when the police arrived, he was standing next to Stokes' car, holding a gun in his hand. Defendant was trying to keep passersby away from the car. The police told defendant to drop his weapon. Defendant explained that he was Stokes' bodyguard, and that the offenders had run south on Ellis. The police handcuffed defendant and put him in the squad car. Prior to the shootings, the only telephone calls he made that night on his mobile telephone were to his ex-wife, and to his girl friend.

At the same hearing, Officer Elmer Atkinson testified that he and another officer were the first to arrive at the scene of the shooting. He saw the two Cadillacs facing southbound on Ellis. Defendant was standing near the black Cadillac, waving a gun in his hand. Atkinson drew his weapon, exited the car, and ordered defendant to drop the gun. Defendant said he was the bodyguard, and that the assailants had run south on Ellis. Atkinson again shouted his order, and defendant finally threw down the gun. Defendant described the occurrence. Upon emptying defendant's gun, Atkinson found four expended shells.

Atkinson then accompanied the watch commander, walking southbound on Ellis, and examined all of the parked cars for any indication of gunfire. They also looked for blood trails, since defendant stated he thought he shot someone. They found nothing.

Lieutenant Phillip Cline testified at the hearing that he arrived at the scene within an hour after the shooting occurred. He was told what defendant had reported to the police, and later received the same report from defendant. Cline had two officers check all the buildings and cars on the block. They could find no bullet holes. There were no blood trails, and no injury to defendant or his car.

Cline spoke with Diane Miller. She reported that Stokes was cautious and purposely kept an irregular schedule. Cline then went to defendant's car and saw a portable telephone and some handwritten notes, which he took. Cline concluded from the information he had that Stokes "had been set up."

Cline subsequently subpoenaed the telephone records after he learned the number of defendant's mobile telephone. Cline discovered from the records that a call was made from defendant's mobile telephone shortly after midnight, and lasted six minutes a second call lasted 15 minutes and ended at 12:29 a.m. The calls were made to a mobile telephone registered to Elliot Taylor. Cline knew Taylor was involved in drug trafficking, and that defendant and Taylor grew up together. Defendant and Taylor had also been involved in several criminal activities together.

With regard to his motion to suppress evidence regarding an anonymous informant's report that he overheard a mobile telephone conversation on the night of the shooting, defendant testified at the hearing that on the night in question he telephoned his ex-wife several times. These calls were made from his mobile phone to her brother-in-law's mobile phone which was registered to Elliot Taylor. Defendant expected that the conversations were private.

Cline testified that on November 18, Officer McWeeny talked to an anonymous caller about the overheard telephone calls. On November 19, Cline spoke with the same caller. Cline testified the caller said he had a scanner and that he overheard some mobile telephone conversations. Cline described it as a "running surveillance." The informant said "that one person was telling the other person where their position was at different parts of the city as they were driving." They stopped at a grocery store, then headed to the 7900 block of Ellis. The man on the phone said, "You better tell the boys not to run and you're going to need a bodyguard after this thing is over."

Larry Harris, director of operations and engineering of Cellular One, testified for the State at the hearing regarding the operation of defendant's mobile telephone. Harris explained that when a mobile telephone caller dials a number, it is converted to a radio signal and transmitted to cell sites and broadcasted as a radio wave to the person receiving the call. A cell site consists of radio towers and bay stations which use radio wave transfer equipment. The radio signal used by the mobile telephones is an FM radio signal. Radio scanners, which are available to the general public, are capable of picking up the FM radio band. Any persons using the scanner on that frequency would hear the audio telephone conversation the same as if they were listening to a broadcast radio station. While some of this was explained in the company's user's manual, it did not explicitly say the conversations were not private because it was too negative and thus an unwise business practice.

The parties stipulated that Harris would also testify that on November 18, 1986, at midnight, defendant's mobile telephone was used to call another mobile telephone and the call lasted 6 minutes and 9 seconds. The calling car was located northeast of 58th Street and Halsted. The receiving car was located southeast of 58th and Halsted. A second call was made on defendant's mobile telephone to the same mobile telephone eight minutes later. The cars were still within their original location areas.

As to defendant's motion to quash his arrest and suppress his subsequent confessions for involuntariness and violation of his right to counsel, defendant testified that on November 24, 1986, he was asked to meet Officer O'Neill. Defendant was an informant for O'Neill and was running an undercover operation on Stokes' drug empire activities. They met at 2:00 p.m. and drove in the squad car to Area 3 headquarters to view a composite drawing of the offenders. At the station, they met Cline, and defendant was told to wait. After a short time, O'Neill and Cline drove defendant to Area 2 headquarters. Defendant complied with their order to strip, to see if he was wearing a "wire." He was put in an interview room, where he remained...