APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION
524 N.E.2d 1216, 171 Ill. App. 3d 261, 121 Ill. Dec. 168 1988.IL.873
JUSTICE SULLIVAN delivered the opinion of the court. LORENZ, P.J., and MURRAY, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SULLIVAN
Following a jury trial defendant, Raynard Taylor, was found guilty of two counts of possession of a controlled substance with intent to deliver and was sentenced to serve a term of 10 years in prison. On appeal defendant contends that the prosecutors improperly used their peremptory challenges to exclude members of his race from the jury, that the court erred in allowing a forensic chemist to render an expert opinion based upon the results of a test that she did not personally perform and that he was not proved guilty beyond a reasonable doubt.
Acting on a citizen's complaint, Chicago police officers John Rawski and George Nee placed a two-story, brick apartment building located at 3059 West Warren Boulevard in Chicago under surveillance at 8 p.m., on April 12, 1985. During the next hour they observed approximately 30 individuals walking toward the rear entrance. Upon repositioning themselves at the back of the building, the officers noticed a basement door made out of steel with a three-inch by six-inch slot covered by a metal flap two feet from the bottom of the door. Moments later they saw a man walk up to the back door, place money in the slot and receive a small package in exchange containing what the officers believed to be pills. The man put the package up to his mouth and swallowed the contents before he could be approached for questioning.
Two days later an informant told Officer Rawski that drugs were being sold from the basement of the same building. With the informant's assistance, a controlled buy was arranged and completed. The next day a search warrant was obtained for the premises. In executing the warrant the police had to use a pry bar and a sledgehammer to force their way into the first-floor apartment, which was unoccupied. There was no access to the basement from the first floor. The police found an intercom system which led to the basement, a loaded handgun, a police scanner and two walkie-talkies. They also found a 10-inch by 8-inch trapdoor in the floor. Upon opening the door, Rawski heard someone running around in the basement. Rawski told the person to open the basement door, but he received no response.
Using a sledgehammer, Officer Rawski tried to knock a large vent in the first-floor hallway through to the basement, but after being forced down about one foot, the vent was blocked by a boiler in the basement. Both Rawski and Nee yelled through the vent that they were police officers and had a search warrant for the premises. Looking through the vent Nee saw defendant running back and forth in the basement and heard the clanging of bottles.
Officer Nee ran outside and tried to break down the steel basement door with the sledgehammer but the door did not budge. He then found a bricked-in area on the side of the building where there had once been a window and he attempted to break through into the basement. Defendant ran out of the basement with his hands raised and said, "I give up." The police entered the basement through the steel door, which was one inch thick and weighed 300 pounds, and discovered that defendant had been the sole occupant.
The police noticed water and pill residue on the kitchen floor and in a large boiling pot, red syrup in two large kitchen sinks, syrup residue in brown glass bottles next to the sinks and a large boiler approximately 10 feet away. Officer Rawski testified that evidence of contraband pills may be destroyed by dissolving the pills in boiling water and then throwing the mixture onto the ground.
Rawski recovered a brown paper bag from the top of the boiler which contained approximately 200 greenish-blue pills, 300 brownish-orange pills and some powder, all of which was inventoried and subjected to chemical analysis. No other whole pills were recovered from the premises. A further search of the basement yielded $522 in currency which had been hidden in various nooks and crannies in the walls, as well as a picture identification card and a traffic citation belonging to the defendant. There was no evidence that anyone resided in the basement apartment on a regular basis.
Defendant was taken to the police station where he was searched and interrogated. The police recovered $800 in cash from one of his shoes and another $179 from his underpants. Defendant claimed that the $800 belonged to his mother, but he admitted that the $179 belonged to the "dope-house."
Expert chemical analysis of the contents of the brown paper bag revealed 46.68 grams of brown powder containing two controlled substances, pentazocine and codeine, and 207 grams of orange pills containing the same substances. The other pills seized tested negative.
Defendant was found guilty of two counts of possession of a controlled substance with intent to deliver and was sentenced to serve 10 ...