Rehearing denied February 26, 2015.
Appeal from the Circuit Court of the 21st Judicial Circuit, Kankakee County, Illinois. Circuit No. 99-CF-338. The Honorable Kathy Bradshaw-Elliott Judge, Presiding.
The summary dismissal of defendant's pro se postconviction petition alleging that the prosecution suborned perjury of a proffered witness during his murder trial was reversed and the cause was remanded for second-stage proceedings, since defendant admitted shooting the victim but testified that he feared for his life and evidence that the victim had a gun on his person was relevant to defendant's defense; furthermore, defendant alleged in his petition that an assistant State's Attorney who assisted in defendant's case was related to a prosecution witness who was the only eyewitness to the shooting and the witness provided defendant with an affidavit stating that he was told by his cousin not to mention that the victim had a gun.
Kerry J. Bryson (argued), of State Appellate Defender's Office, of Ottawa, for appellant.
Lisa Madigan, Attorney General, of Chicago (Sameena Mohammed (argued), Assistant Attorney General, of counsel), for the People.
PRESIDING JUSTICE McDADE delivered the judgment of the court, with opinion. Justice Holdridge concurred in the judgment and opinion. Justice Lytton specially concurred, with opinion.
[¶1] Defendant, Terrence D. Haynes, filed a pro se petition for postconviction relief in which he claimed the prosecution suborned perjury of a proffered witness during his criminal trial. The petition was summarily dismissed, and defendant appeals. We reverse and remand for second-stage proceedings.
[¶3] The background facts of this case have previously been set out. See People v. Haynes, 331 Ill.App.3d 482, 771 N.E.2d 643, 264 Ill.Dec. 939 (2002). Accordingly, we will set forth only those facts necessary for the disposition of this particular appeal.
[¶4] Following the shooting death of Cezaire Murrell, the State charged defendant with first degree murder (720 ILCS 5/9-1(a)(1), (2) (West 1998)). As part of its case, the State presented the testimony of two eyewitnesses. One of the eyewitnesses, 11-year-old Marcus Hammond, was examined by assistant State's Attorney Frank Astrella. Marcus testified that he saw Murrell and defendant standing about five feet apart near the front porch of a residence. As he watched, he saw defendant pull a gun from " the back of his body" and shoot Murrell. The following colloquy took place between Hammond and Astrella.
" Q. When you saw the defendant holding the gun like that, what did ...