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People v. Campos

June 01, 2004

[5] THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
MARCO A. CAMPOS, DEFENDANT-APPELLANT.



[6] Appeal from the Circuit Court of Du Page County. No. 98-CF-1116 Honorable Robert J. Anderson, Judge, Presiding.

[7] The opinion of the court was delivered by: Justice Bowman

[8]  Following a mistrial on charges of criminal sexual assault (720 ILCS 5/12--13(a)(1) (West 1996)), criminal sexual abuse (720 ILCS 5/12--15(a)(1) (West 1996)), and battery (720 ILCS 5/12--3(a)(2) (West 1996)), defendant, Marco A. Campos, filed a "Motion to Discharge and Acquit Defendant on Plea of Double Jeopardy." The trial court denied defendant's motion, and defendant filed a timely notice of appeal pursuant to Supreme Court Rule 604(f) (188 Ill. 2d R. 604(f)) . On appeal, defendant argues that the State should be barred from retrying him because the prosecutor intentionally provoked a mistrial. We affirm.

[9]  Defendant was charged with committing five assaults against four different women. Four of the five assaults allegedly occurred at defendant's place of employment, the Chateau Village Center, which is a nursing home in Willowbrook. The fifth incident was alleged to have taken place in an apartment in Darien. Defendant's trial commenced on August 26, 2002. We dispense with a summary of the testimony at trial, as it is not necessary for resolution of the issue before us. We will refer to relevant evidence as our analysis warrants.

[10]   Defendant's claim of error is based on the prosecutor's examination of Willowbrook police commander Mark Shelton. Shelton testified that, on May 11, 1998, he went to the Chateau Village Center to speak with facility administrator Nancy Hartmann as part of his investigation of several complaints against defendant. Shelton testified that he also spoke to defendant on that date. Defense counsel then requested a sidebar and informed the court that defendant had asked to speak to a lawyer during his conversation with Shelton. Defense counsel stated, "If that comes out, it will vitiate the jury and cause a mistrial." The following colloquy then occurred:

[11]  
"MR. KNIGHT [Assistant State's Attorney]: I'm certainly not going to ask him that.

[12]   MR. CONNIFF [Defense counsel]: Then where are we going with this?

[13]  
THE COURT: I don't think you want to try the case again. So make sure, you know--

[14]   MR. KNIGHT: I know, I understand the law, judge."

[15]   Assistant State's Attorney Knight then asked Shelton what he asked defendant regarding the incidents under investigation and what, if anything, defendant said in response. Defendant objected and the court overruled the objection. Assistant State's Attorney Knight then asked Shelton to relate what he told defendant and what defendant said to him about the incidents. Shelton testified as follows:

[16]  
"A. I told him that some ladies had come forward to the police department about some incidents involving improper contact involving him.

[17]   Q. What did he say?

[18]  
A. He said he had done nothing to anyone. And at that time, he said he needed to speak with an attorney."

[19]   Defense counsel then objected and moved for a mistrial. Assistant State's Attorney Knight advised the court that, when he went over Shelton's testimony with him, Shelton indicated that he was going to testify that defendant said he did not do anything to anybody. Assistant State's Attorney Knight further said that he told Shelton, "[T]hat's all we're going to talk about." The court then declared a mistrial.

[20]   Subsequently, defendant moved for an acquittal or a discharge of the complaints against him on double jeopardy grounds. The State responded with affidavits that mirrored Assistant State's Attorney Knight's earlier statement to the court that he had intended to limit Shelton to testifying that defendant said he did not do anything to anyone. However, Assistant State's Attorney Knight admitted that he did not specifically instruct Shelton not to mention defendant's request for an attorney. The court denied defendant's motion, finding that there was no reason why the State would have wanted a ...


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