Appeal from the Circuit Court of Cook County; the Hon. Dwight
McKay, Judge, presiding.
JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
Rehearing denied April 2, 1985.
Defendant, William Franklin, appeals his conviction for murder (Ill. Rev. Stat. 1973, ch. 38, par. 9-1(a)) after a bench trial in which he was sentenced to a term of 100 to 300 years. He raises two issues for review: (1) whether the trial court erred in denying the motion to quash his arrest and to suppress its fruits, and (2) whether the exclusion of defense counsel from an in camera hearing on his motion to strike the State's answer to discovery violated his constitutional rights to due process of law, confrontation of adverse witnesses, and effective assistance of counsel.
Defendant was charged with the murder of James Rowland in a park in Markham on May 14, 1976.
Defendant moved to strike the State's answer to discovery because it did not provide the address of Calvin Williams, its principal witness against defendant. The State gave Williams' address as "c/o State's Attorney of Cook County" because revealing his residence would risk grave and substantial harm to Williams.
On July 7, 1982, the trial court conducted an in camera proceeding. The transcript was sealed but it has been made a part of the record on appeal. At the proceeding, Williams, Assistant State's Attorneys Scott Arthur and Terence Burns and a court reporter were present. Defendant's attorney was not present. Williams was questioned by Arthur. Williams testified that defendant was his uncle, his mother's brother. Defendant had made an admission to Williams in connection with the Rowland homicide and also in connection with another offense.
In January 1982, Williams revealed these admissions to the State's Attorney and was placed in protective custody. Previously, Williams lived with his mother in Markham, where they had been residing since 1973 or 1974. Before that, the family resided in Gary, Indiana.
Williams testified at defendant's preliminary hearing. Also present were two of Williams' uncles, defendant's brothers. Both brothers had histories of violent acts. One brother told a friend of Williams' that Williams had better change his statement about defendant "or else." The other brother, who lives in the Chicago area, told Williams' mother that he wished Williams was not involved in the case because he would hate to see Williams hurt.
Williams also testified that defendant associated with drug dealers and extortionists. The trial court ruled that the State's Attorney did not have to reveal Williams' address.
At a suppression hearing on July 27, 1982, defendant testified that on May 25, 1976, at 10:30 p.m., he was driving south in the vicinity of 82nd and Halsted streets, in Chicago. The police signaled him to stop. Two police officers exited their squad car, and one officer approached defendant and asked for his driver's license and vehicle registration. Defendant did not have the latter. The officer told defendant to get out of the car, which he did. The officer conducted a pat-down search and removed bullets from defendant's pocket. The officer asked defendant whether he had a firearms registration. Defendant did not. The officer handcuffed and formally arrested defendant and then searched the car for 30 to 45 minutes. The officers had no warrant to arrest defendant. Defendant did not own the car which he was driving.
Thomas Kelly, a Chicago police officer, testified that on May 25, 1976, at 10:30 p.m., he was on routine patrol in a marked car in the vicinity of 82nd Street and Halsted. He noticed a 1974 Oldsmobile traveling south with the headlights off. Kelly made a U-turn to curb the vehicle and parked the police car four to five feet behind the Oldsmobile. As Kelly approached the car, defendant exited his car. Kelly informed defendant of the violation and asked defendant for his driver's license and proof of ownership of the automobile. Defendant said he had his license and that the car was his. Defendant withdrew his license from his pocket. As he handed the license to Kelly, the latter noticed that defendant's hand was shaking visibly. Kelly asked defendant for registration papers; he did not have them.
After defendant handed Kelly his license, he (defendant) took one or two steps toward the curb, away from Kelly. His eyes moved from left to right at a rapid rate and his hand shook. His hand went toward his right pocket, but did not enter the pocket, and then back to his side. Then defendant took another step toward the curb. Finally, he stepped onto the curb and his hand went toward his right pocket again. At that point, Kelly made a pat-down search of defendant for safety reasons.
Kelly found .45-caliber bullets in defendant's pocket. He asked defendant whether he had a firearms identification; he did not. Kelly arrested defendant, advised him of his rights, and handcuffed him. Kelly opened the door to the Oldsmobile and observed a revolver below the driver's seat. Kelly noticed that the vehicle identification numbers on the dashboard and passenger door were different. A check of the numbers revealed that ...