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12/27/88 the People of the State of v. Darryl Rader

December 27, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DARRYL RADER, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

532 N.E.2d 1365, 178 Ill. App. 3d 453, 127 Ill. Dec. 356 1988.IL.1879

Appeal from the Circuit Court of Cook County; the Hon. James M. Bailey, Judge, presiding.

APPELLATE Judges:

JUSTICE QUINLAN delivered the opinion of the court. CAMPBELL, P.J., and MANNING, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE QUINLAN

The defendant, Darryl Rader, was charged by indictment with two counts of armed robbery, two counts of armed violence and four counts of unlawful restraint. Following a jury trial in the circuit court of Cook County, the defendant was found guilty of the two counts of armed robbery and was sentenced to 10 years in the Illinois Department of Corrections. Defendant now appeals his conviction and sentence.

On January 23, 1983, February 27, 1983, and March 27, 1983, Brown's Chicken, located at 1111 West Addison in Chicago, was robbed at gunpoint. All three robberies occurred on Sundays, just after closing time as the employees were cleaning the store. The defendant was arrested in connection with the three crimes, but the present case involves only the March 27, 1983, robbery.

The State presented three eyewitnesses to the March 27 robbery. The first eyewitness was Rudy Martinez. Martinez testified that he was working at Brown's when all three robberies occurred. He stated that the perpetrator of all three robberies was the same person, the defendant. Martinez said that during the March 27 robbery, the defendant put all the Brown's employees in a back room, except for an employee named Richard Lozada. After the defendant left the store, Martinez testified that Lozada walked into the back room where the rest of the employees were and said, "Damn, we just got robbed." Martinez also stated that he identified the defendant at a police lineup as the robber.

The second eyewitness was Deborah McKinley. McKinley was working at Brown's when two of the robberies occurred, including the March 27 robbery. McKinley testified that the defendant put all of the employees in a back room during the March 27 robbery. However, Richard Lozada, who was also working that evening, was not put in the back room with the others. McKinley also testified that she viewed a police lineup and identified the defendant as the robber who committed both the robberies that she witnessed.

Mohammed Baftehei, the manager for Brown's Chicken at the time of the robberies, was the State's third eyewitness. Baftehei testified that he was present at two of the robberies. Baftehei stated that when the defendant left after committing the March 27 robbery, Richard Lozada walked from the front of the store to the back, where the rest of the employees were, and said "Damn, we just got robbed." Baftehei also identified the defendant in a police lineup as the robber in both incidents.

Richard Lozada was the State's fourth witness. Lozada testified that he worked at Brown's Chicken from 1982-83. Lozada stated that he met the defendant in 1982, at a dance. Lozada also testified that the defendant came to see him sometime in December 1982, while Lozada was working at Brown's Chicken. The defendant asked Lozada how late he was working and whether any security was working that evening. Lozada said that he was present during the March 27 robbery and that he later determined that the robber was the defendant. Lozada also testified that he saw the defendant at a disco one week after the March 27 robbery, but that he just said "hi" to the defendant.

The prosecutor then questioned Lozada concerning a previous conversation that the prosecutors had with Lozada. Lozada responded that when he saw the defendant at the disco after the March 27 robbery, the defendant asked him if he knew what happened at Brown's Chicken several nights earlier. Lozada replied that it had been robbed. In response to further questions by the prosecutor, Lozada now denied telling detectives investigating the robberies that the defendant had called him before March 27 and denied that the defendant told him that he was going to rob Brown's Chicken. Lozada further denied telling the detectives that the defendant called him the day after the robbery, and also denied that the defendant gave him $200 for the robbery.

On cross-examination, Lozada stated that he was arrested for not showing up after being subpoenaed to testify in the defendant's case and that the prosecutors told him that the only way he would be able to get out of jail would be to testify. Lozada stated that he could not say for certain that the robber on March 27 was the defendant. He again denied having any conversations with the defendant concerning the robbery and denied receiving any money from the defendant for the robbery.

On redirect, Lozada testified that the defendant called him on the telephone a few days before he, Lozada, was to testify in the defendant's trial. Lozada also stated that he told the police officers after the March 27 robbery that the robber looked a lot like the defendant.

Detective Baldree, an officer who investigated the robberies, testified that Mohammed Baftehei identified the defendant three times at the police lineup. The first time was immediately after the lineup lights were turned on, the second time was after the officers went through the lineup procedure, and the third time was when the officers again went through the lineup procedure, this time with the individuals in the lineup wearing a coat with a hood, as the robber had.

On cross-examination, the detective admitted that there was an error in his report of the lineup regarding the time that the lineup took place. He also said that his report did not state that three different processes of identification were used in the lineup. Baldree attempted to explain that there were other reports of the lineup, but defense counsel would not let Baldree finish his answer. For example, when defense counsel showed him a report relative to the lineup, Baldree said, "There's a supplemental --" and was then interrupted by defense counsel. When defense counsel asked Baldree whether the report mentioned a hood being used, Baldree responded, "Not in that report." (Emphasis added.) Following more questions from defense counsel about his report, Baldree stated, "Excuse me, sir. You keep referring to this report. This report is on another case. The report before that one should be the correct one . . .."

Furthermore, on redirect, the following exchange took place, to which the defendant also objected:

"Q. [Prosecutor]: Now, when Mr. Levin says -- questioned you about all those armed robberies and the report that you wrote, just how many were there, sir?

[Trial Judge overruled defendant's objections.]

A. [Mr. Baldree]: I believe we charged him ...


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