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People v. Philson

OPINION FILED APRIL 12, 1979.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

DONALD PHILSON ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. ANTHONY J. SCOTILLO, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Following a bench trial, defendants Donald Philson and Ray A. Hodges were convicted of robbery (Ill. Rev. Stat. 1975, ch. 38, par. 18-1) and sentenced to probation plus, respectively, six months and 90 days considered served. On appeal, they contend (1) that the trial court erred when it denied their motion to quash their arrest and suppress all resulting identifications, (2) that certain identification procedures were so suggestive as to deny them due process of law and fatally taint all in-court identifications, and (3) that they were not proved guilty beyond a reasonable doubt.

At the hearing on defendants' motion to quash the arrest and suppress the resulting identifications the following pertinent evidence was adduced.

Defendant Ray Anthony Hodges

At approximately 3 a.m. on January 13, 1976, he and defendant Philson were arrested as they came out of David Bird's apartment at 2501 West Monroe. Neither he nor Philson were violating any laws just before they were arrested, and the arresting officer did not show them an arrest warrant. He, Philson and Bird were taken to a police station and placed in a lineup. At the time of his arrest, he was wearing a tan three-quarter length coat.

Robert Kalbfell — Chicago Police Officer

At 12 a.m. on January 13, 1976, he and his partner, Officer Belcik, began patrolling their "beat." Previously, at roll call, he was notified that a CTA bus had been hijacked and taken into the "project area" on Monroe Street, and that a number of people on the bus had been robbed. He was given descriptions of the individuals involved. He and his partner talked to a man who had given them information in the past. The informant told them that he had been in "Joe's Hello Lounge" at 2453 West Madison and had heard three men bragging that they had committed the robbery. Approximately half an hour later they talked to another informant they had used in the past. He told them that he also heard three men in "Joe's Hello Lounge" bragging about committing a bus robbery. The informant identified one of those three men as David Bird, and told them that his address was 2501 West Monroe, apartment 101. They went to that address, knocked on the door, and were told by Bird's father that David was not home. They conducted a surveillance and an hour or hour and a half later observed two male Negroes, identified as defendants Hodges and Philson, emerge from the apartment. Hodges was a male Negro, 20-25 years old, 185 lbs., wearing a green Army jacket, black hat, and dark trousers. This matched the description of one of the offenders that he had heard at roll call and seen in the case report on the bus robbery. They stopped Hodges and Philson "and immediately performed a protection patdown." As they did this, David Bird's father came to the door and said that his son was trying to escape through the back window of the apartment. They seized Bird and took him, Hodges and Philson to the 13th District station, where a lineup was later held.

On cross-examination, he admitted that during their surveillance of the apartment, they had to leave on occasion to handle calls. He acknowledged that when they and other officers, who had their guns drawn, stopped the defendants outside the apartment building, defendants did not attempt to run away. He conceded that the informant who named David Bird gave only a "vague" description of the other two men and that his police report states that "further investigation of this information disclosed that one of the offenders may be David Bird."

Following this hearing, defendants' motion to quash their arrest and suppress the resulting identifications was denied. The cause then proceeded to trial, at which the following pertinent evidence was adduced.

For the State

Robert Kalbfell, Chicago Police Officer

He substantially repeated his testimony given at the hearing on the motion to quash the arrest.

Patricia Gayles

On January 12, 1976, at approximately 10:30 p.m., she was riding in the back of a brightly lit CTA bus travelling west on Madison Street. At Madison and Western "a crowd of guys" got on the bus. One of them said "This is a stickup" and told them to put their watches and rings on the floor. Two of the men, one of whom she identified in court as defendant Philson, came to where she was sitting and began to take the passengers' wallets, purses, and other belongings. The men then went up to the front of the bus. Philson said that the bus driver still had his wallet, and he took it from him. One of the other men hit the bus driver and took the phone off the wall. The men then got off the bus. On March 15, 1977, Investigator Lloyd of the Chicago ...


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