APPEAL from the Circuit Court of Rock Island County; the Hon.
J.P. WILAMOSKI, Judge, presiding.
MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:
The defendant, Jack Eugene Lampson, was convicted in the circuit court of Rock Island County for the crime of burglary and sentenced to a term of not less than 4 nor more than 20 years in the penitentiary. This conviction was reversed and remanded for a new trial by our court in the case of People v. Lampson, 129 Ill. App.2d 72, 262 N.E.2d 601. On remand the defendant was again found guilty and sentenced to a term of imprisonment of not less than 4 nor more than 20 years. The essential facts in this case were set forth in the case of People v. Lampson, supra, and a recital of them as well as additional facts will be made only as they become pertinent to issues raised in this appeal. We note that in this appeal two briefs have been filed in behalf of the defendant, one being filed pro se and the other by the Illinois Defender Project.
We shall first direct our attention to the sole issue presented in the brief of the Illinois Defender Project, which is to the effect that the defendant's second conviction should be reversed when the same evidence which caused reversal in his first conviction was again placed before the jury.
The defendant's first conviction was reversed when the court held that admission of testimony by police officers which advised the jury that the defendant had refused to make statements and had asked for an attorney, neither of which facts could have any bearing on the defendant's guilt or innocence of the charged burglary, was prejudiciously erroneous.
After the jury had been selected for the second trial of the defendant by the circuit court of Rock Island County but prior to the presentation of any evidence, two local newspapers published the following reports about the trial:
"PICK JURY FOR RETRIAL OF IOWAN
Selection of a jury was begun this morning for the retrial of Jack E. Lampson, 33, Davenport, in Rock Island County Circuit Court.
An earlier conviction on a burglary charge was reversed by the Third District Appellate Court and a new trial was ordered.
Lampson was sentenced to four to 20 years in the Illinois State Penitentiary after being found guilty by a circuit court jury of the June 19, 1969, burglary of Gene-O's Tavern in Rock Island.
The appellate court ruled as prejudicial statements attributed to the defendant by police after Lampson allegedly indicated he did not wish to talk further. The high court ruled the defendant's rights had been violated.
The case is being tried before Associate Judge J.P. Wilamoski." (Newspaper article from Rock Island Argus, December 16, 1970).
"SELECT JURY FOR DAVENPORT MAN
The selection of a jury in the trial of Jack E. Lampson, 33, Davenport, on a charge of burglary begun this morning in Rock Island County Circuit Court.
Lampson was granted a new trial by the Third District Appellate Court, Ottawa, after he was originally convicted ...