against him and offered her money to "play dumb."
Lisa Dixon, Gates' girlfriend, testified that, on the night of
Gates' murder, a man approached Gates' car and asked him if he
wanted to buy a gold chain. Dixon stated that another man
subsequently approached the driver's side of the car and held a
gun to Gates' head. As this occurred, another man opened the
passenger side of the car and Dixon placed her hands over her
eyes. She then heard a gunshot and Gates fell into her lap. Dixon
testified that she never positively identified who shot Gates and
that she thought that the police had directed her to look at a
specific individual while she was viewing a lineup which included
Lamont Norwood testified that he was on the corner of 57th and
Stewart on the night that Gates was murdered. Norwood saw a man
give a gun to either Drain or Jones. Drain and Jones then walked
away. Minutes thereafter, Norwood heard a gunshot. When Norwood
arrived at 57th and Normal, he saw Gates in an ambulance. In
1993, Norwood spoke to Steve Kirby, a private investigator.
Norwood told Kirby that he could not remember anything about the
shooting. At trial, Norwood testified that he said this to
protect his family.
Detectives Michael Duffin and Tom Ptak investigated the
shooting. Detective Duffin testified that he spoke with Cara
Smith about Emmons and Gates' deaths and that this caused him to
search for Charles Jones, Robert Berry, and Jameel Drain. Police
arrested Jones and Berry relatively quickly, but searched for
Drain between 30 and 40 times before his arrest on June 19, 1991.
On cross-examination, defense counsel attempted to ask Detective
Duffin if his report stated that Berry told him that he was with
Drain on the night of the shooting. Defense counsel said he
wanted to introduce the contents of the report to show that
Detective Duffin had generated a false police report. The trial
court judge, however, sustained the State's objection and held
that defense counsel could only impeach Detective Duffin by
asking him if Berry had told him that he was with Drain.
Detective Duffin then testified that Berry had told him that he
was with Drain on October 7, 1990, and that Drain had a gun and
shot Gates. He also testified that Lisa Dixon viewed a lineup and
C. Procedural Posture
A jury in the Circuit Court of Cook County, Illinois, found
Drain guilty of first degree murder and attempted armed robbery.
The circuit court sentenced Drain to 47 years imprisonment for
the murder and 15 years imprisonment for the attempted armed
robbery, to be served concurrently.
In his direct appeal, Drain contended that:
(1) The trial court deprived him of his
constitutional right to present a defense when it
denied his motion to subpoena Detectives Duffin
and Tom Ptak's employment records without first
conducting an in camera inspection of those
records to determine whether they were relevant;
(2) The trial court deprived him of his
constitutional right to present a defense and his
right to confront and cross-examine witnesses
when it precluded defense counsel from
questioning Detective Duffin about whether he
generated false police reports;
(3) His multiple convictions for first degree murder
and attempted armed robbery were improper since
both offenses arose from a single act; and
(4) His sentence of 47 years imprisonment was
excessive in light of evidence that showed that
the shooting was not premeditated, that he had
only one prior conviction for a nonviolent
offense, and that he had significant
On December 29, 1995, the Illinois Appellate Court rejected
these claims and
affirmed Drain's conviction. People v. Drain, 276 Ill. App.3d 1120,
231 Ill.Dec. 734, 697 N.E.2d 15 (1995) (unpublished order).
Drain filed a petition for leave to appeal ("PLA") with the
Illinois Supreme Court raising issues one, two, and four, which
was denied. People v. Drain, No. 80559 (Ill. Apr. 2, 1996).
Drain did not seek state post-conviction relief.
Drain's § 2254 petition raises the same four issues presented
to the Illinois Appellate Court on direct appeal. Drain also
filed a "Memorandum in Support of Amended Arguments for Habeas
Corpus Petition Relief" with this court raising five additional
(1) The trial court erred when it refused to permit
the defense to cross-examine Detective Duffin and
thereby allowed the prosecutor to make a closing
argument that contradicted the defense's offer of
(2) The trial court's rulings regarding the voir
dire, jury instructions, and jury seating were
(3) The trial court erred by allowing the prosecutor
to remark on Drain's failure to testify, to make
misstatements of the law and to make prejudicial
statements unsupported by the evidence;
(4) The trial court erred when it refused to admit
Drain's proffered photographic exhibits and
admitted the state's photographic exhibits into
(5) The trial court erred when it denied Drain's
motion for a directed verdict.