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04/12/89 the People of the State of v. Charles Washington

April 12, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

CHARLES WASHINGTON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

537 N.E.2d 1354, 182 Ill. App. 3d 168, 130 Ill. Dec. 885 1989.IL.505

Appeal from the Circuit Court of Cook County; the Hon. Matthew Moran, Judge, presiding.

As Amended September 18, 1989.

APPELLATE Judges:

JUSTICE RIZZI delivered the opinion of the court. FREEMAN, P.J., and McNAMARA, J.,* concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI

Defendant, Charles Washington, was found guilty, by a jury, for the murder of his brother-in-law Nathan Bottley. He was sentenced to serve 28 years in prison. This court reversed and remanded the case, holding that defendant was denied effective assistance of counsel. (People v. Washington (1982), 111 Ill. App. 3d 711, 444 N.E.2d 753.) This court's decision was affirmed by the Illinois Supreme Court. People v. Washington (1984), 101 Ill. 2d 104, 461 N.E.2d 393.

Following a second jury trial, defendant was found guilty of murder and sentenced to serve 25 years in prison. On appeal defendant contends that (1) the trial court erred in denying his motion to suppress an oral statement; (2) the State violated the rules of discovery by failing to notify defendant of its rebuttal witnesses; (3) the State violated rules of discovery by failure to reveal the substance of defendant's oral statement and witnesses thereto; (4) the trial court erred in denying defendant's motion to suppress the lineup identification; (5) the verdict was against the manifest weight of the evidence and should be reversed; (6) the trial court erred in refusing to permit defense counsel to cross-examine a witness and introduce evidence; and (7) the cumulative abuse by the prosecutors and police denied defendant his right to a fair trial. We affirm.

Jimmy Moore testified for the State. Moore stated that on May 7, 1979, at approximately 6:45 a.m., he arrived for work at the Canfield Bottling Company garage located at 111 East 89th Street in Chicago. Moore testified that after he checked into the office, he opened the overhead door to the garage and proceeded to check his truck to make sure that it was properly stocked. At about 7 a.m., Moore observed the victim pass by and walk in the direction of the office. Moore stated that soon thereafter, he heard a noise, turned, and saw the back of a man standing with a gun in his hand. The man was holding the gun with the barrel facing the ground. Moore testified that he observed the man fire the gun twice from a distance of approximately 18 feet. Moore observed the man's face as he turned and exited the garage. Moore stated that he climbed down from his truck, walked to the spot where the shots were fired and observed the victim lying on the ground. Moore testified that he returned to the office and reported the shooting. Moore identified defendant in a lineup and in court as the person who fired gunshots in the Canfield garage on the morning of May 7, 1979.

Ivory Jenkins, district manager for Canfield, also testified on behalf of the State. Jenkins testified that he arrived for work at the 89th Street garage at approximately 6:30 a.m. on May 7, 1979. He stated that at about 7 a.m., while he was standing outside the office talking with one of the drivers, he heard a gunshot. Jenkins testified that he looked in the direction of the sound and observed a man run out of the rear garage door. He ran over to see what was happening and observed Nathan Bottley lying on the ground. Jenkins stated that he watched the man run westbound on 89th Street. After the man exited the garage, Jenkins got into his car and followed him. He stated that as he approached 89th and State Street, he saw the man who ran from the garage get on a northbound State Street bus. Jenkins followed the bus to 73rd and State Street. When he reached 71st Street, he flagged down a police car. However, when the police stopped the bus, the man who Jenkins was following was no longer on board. Although Jenkins never saw the offender's face, he observed his body from the rear and described him as approximately 5 feet 3 to 6 inches tall, with a small build and "corn rolled" hair.

Marla Granberry testified for the State and related that on May 7, 1979, she lived on the corner of 89th Street and Michigan Avenue in Chicago. She further testified that at about 7 a.m. on that date she was in the second-floor bathroom of her home when she heard a gunshot. Granberry looked out her window which faces 89th Street and observed a man with a gun chasing another man down the middle of the street. She described the man with the gun as shorter and smaller than the man being chased. Granberry further stated that the man being chased was wearing a brown Canfield's uniform. She stated that the gunman had "corn rolls" in his hair and that he chased the other man into the open door of the Canfield company garage. Granberry heard three shots fired and observed a man exit the garage and run westbound on 89th Street. Granberry then called the police. Granberry later identified the defendant in a lineup and at trial as the man she observed chasing a man down 89th Street at gunpoint on May 7, 1979.

Chicago police detective Frank Laverty was called by the State and testified that he was assigned to investigate the murder of Nathan Bottley. Laverty stated that he and another detective arrested defendant and placed him in a lineup. He stated that both Jimmie Moore and Marla Granberry positively identified the defendant in the lineup.

The defendant's first witness was Percy Green. Green testified that on May 7, 1979, at approximately 7 a.m., he was parking his car near the 89th and State Street offices of the Illinois Bell Telephone Company where he worked. He stated that as he parked he heard a noise that sounded like a backfire. Green testified that he saw a man running down 89th Street from the direction of Canfield's. He stated that the man almost ran into his car and that he noted that he was wearing a beige jogging suit and had braided hair and a full beard. Green later went to Canfield's garage and spoke with the police. The officers showed him a photo array which included defendant's picture, but he was unable to identify anyone. Green testified that he could identify the beard and hairstyle, but not the face of the person who ran into his car.

Defendant also called his family minister, Reverend E. N. Williams; his mother, Ethel Washington; his father, James Washington; his wife, Phyllis Washington; and his sisters Juanita Washington and Adellar Laye to testify on his behalf. His mother, father, wife and sister Adellar Laye all placed defendant in the family home, located in Chicago Heights, between the hours of 6:45 and 7:25 a.m. on May 7, 1979. All of defendant's family members and Reverend Williams also testified that defendant's hair was not braided on that date. In ...


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