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City of Chicago v. Brown

OPINION FILED MAY 8, 1978.

THE CITY OF CHICAGO, PLAINTIFF-APPELLEE,

v.

LINDA BROWN ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN A. NORDBERG, Judge, presiding.

MR. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT:

Linda Brown, LeMon Cole, Angela Brown and Helen Moore were charged with battery in violation of section 12-3(a)(2) of the Illinois Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 12-3(a)(2)) and resisting a peace officer in violation of section 11-33 of the Municipal Code of Chicago (Chicago Municipal Code 1975, ch. 11, sec. 33). After a jury trial, defendants Linda Brown and LeMon Cole were convicted of resisting a police officer in violation of the Municipal Code of the City of Chicago and fined $100 each. The jury reached no verdict on any of the other charges against any of the defendants. Linda Brown and LeMon Cole appeal and contend: (1) the complaints against defendants were insufficient to state an offense; (2) the defendants' right to reciprocal discovery was violated; (3) the trial court improperly excluded a blood-stained garment; (4) the trial court improperly prohibited defendant Brown from testifying that a statement used to impeach her testimony was given to the police department's Office of Professional Standards; (5) the trial court improperly refused defendants' instructions on the use of deadly force; (6) the trial court improperly influenced the jury to render a verdict; (7) the verdicts of guilty of resisting a police officer were legally inconsistent with the failure to render verdicts on other charges against Linda Brown and LeMon Cole and on the other charges against their co-defendants; (8) defendants were denied due process by judicial bias or other misconduct; and (9) defendants were not proved guilty by a clear preponderance of the evidence.

Chicago police officer Gilbert Broderick testified that on May 5, 1975, he was on crowd control and traffic duty at McCormick Place, in Chicago. At about 9 p.m., he went to the lobby outside the Arie Crown Theater, where a popular music concert was taking place. In the lobby two security guards, Henry Moses and Cornelius Williams, were telling a group of young people near the doors to the theater that if they did not have tickets they should leave. Defendants Brown and Cole and their co-defendants and an unidentified male youth remained near the doors after the guards' announcement. Broderick asked the defendants if they had tickets to the concert and all said they did not. Broderick told defendants to leave if they did not have tickets. Cole responded, "F.U., pig. We don't have to leave." Linda Brown said, "We came to see the concert and we are staying." Broderick again told defendants to leave if they did not have tickets. Cole made the same insulting reference to the officer and said that he did not have to go anywhere. Broderick told defendants again to leave. After defendants replied with obscenities, Broderick stated, "You are going to all be placed under arrest. You are all under arrest." He tried to grab the unidentified youth and Cole by the arm and they pulled away from him. Defendants ran to the west end of the building and toward a ramp leading to the lower level parking lot. Near the bottom of the ramp, Broderick caught the unidentified youth and Cole by the arms and Cole struck Broderick on the head and Linda Brown struck him on the back and head. He kept yelling that they were under arrest. Defendants struck him several times. They ran into the parking lot and Broderick could not find them. He did not pull his service revolver. Sometime after returning to the lobby, Broderick saw defendants there and arrested them. Defendants were read Miranda warnings while on the escalator going to the top floor. On cross-examination, the officer stated he was in good physical condition after the altercation.

Joseph Marszalek, a Chicago police officer, testified that he worked with Broderick on May 5, 1975. He saw defendants Cole and Linda Brown struggling with Broderick on the ramp to the parking lot. He heard Broderick give defendants their Miranda warnings. At the precinct station, Marszalek saw Linda Brown briskly rubbing her nose, causing it to bleed. He asked if she wanted first aid and she responded with expletives. Marszalek testified that Broderick was out of his sight before he saw Broderick on the ramp struggling with defendants.

Henry Moses, a security guard at McCormick Place, testified that on May 5, 1975, after the doors to the Arie Crown Theater were closed, there were still approximately 50 to 60 people gathered near the doors. Moses announced that those without tickets should leave the building. Broderick told the defendants to leave the building if they did not have tickets. After defendants uttered many profanities, they started moving from the door to the west end of the building. Moses heard the officer tell defendants that they were under arrest. Defendants then began to run. Broderick caught them on the ramp. Moses saw them strike the officer. During the scuffle, Broderick's elbow struck Linda Brown's nose. Defendants told the officer they wanted to go to their car in the underground garage.

Linda Brown testified in her own behalf that Officer Broderick pushed her and her co-defendants toward the west end of the building. She told him that she had to wait for her brother. They ran to the parking lot and the officer chased them. When she turned around, she saw the officer aim his gun at her and her friends. Broderick put his gun away, caught her on the ramp, grabbed her neck and punched her in the face. She was released and went to the garage. There they met Officer Hightower. From the garage they called her father on the telephone and Officer Hightower spoke to her father. They were not taken into custody until they rode the escalator with Hightower. A large group of policemen took her into custody. She did not strike the officer.

Brown stated she told the police officer she had to wait for her brother, although in fact he was not at McCormick Place that night. She told a police investigator the truth about her seven-year-old brother not being at McCormick Place. She probably called Officer Broderick something other than a pig. She stated she did not strike or touch Officer Broderick. She did not rub her nose at the police station.

LeMon Cole testified in his own behalf. He stated that they parked their car across Lake Shore Drive from McCormick Place on May 5, 1975. He, Linda Brown, Helen Moore and Angela Brown wanted to attend a popular music concert at McCormick Place. They waited outside the Arie Crown Theater but could not buy tickets. They were told to leave the lobby outside the theater by a police officer. Linda Brown "used vile slanderisms to" the officer. The officer pushed them down the ramp. They began to run from him. Officer Broderick chased them, grabbed Linda Brown around the neck and told her she was under arrest. Broderick then struck her in the nose and dragged her down the ramp. When Linda got away, they ran from Broderick. They called Linda's father. When they got off the escalator, a group of officers surrounded them and arrested them. LeMon Cole denied striking the officer or calling him names.

Chicago police officer Jenkins Hightower testified that he was on duty at McCormick Place on May 5, 1975. He did not recall seeing the defendants on that date. He stated that he recalled no complaints about a police officer striking someone or pulling a gun on someone.

Helen Moore, one of the defendants, testified that Officer Broderick did not tell them that they were under arrest until after he drew his gun. No one interferred with the handcuffing of LeMon Cole when they had come back to the lobby level. She denied ever calling the officer names.

Angela Brown, Linda Brown's sister and a defendant, denied calling Officer Broderick names or striking him.

Arthur Brown, Linda and Angela Brown's father, testified that he spoke to Officer Hightower on the telephone and saw him at McCormick Place on May 5, 1975. He stated that his knowledge of this incident came solely from what Linda Brown told him.

Cornelius Williams, a McCormick Place security guard, testified in rebuttal that he saw defendants striking Broderick while Broderick tried to arrest LeMon Cole. Hightower did not ride the escalator with the defendants.

• 1, 2 Defendants assert that the complaints against them did not inform them of the conduct with which they were charged and were violative of due process. We find no merit in this contention.

Municipal ordinance prosecutions are considered quasi-criminal in character, though civil in form. (City of Danville v. Clark (1976), 63 Ill.2d 408, 348 N.E.2d 844, cert. denied (1976), 429 U.S. 899, 50 L.Ed.2d 184, 97 S.Ct. 266; City of Danville v. Hartshorn (1973), 53 Ill.2d 399, 292 N.E.2d 382.) Pleadings in such cases need not be drawn with the precision of an indictment or information.

In City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 248 N.E.2d 71, cert. denied (1976), 396 U.S. 39, 24 L.Ed.2d 208, 90 S.Ct. 263, the court considered the sufficiency of a complaint for ...


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