Court of Appeals of Illinois, First District, Sixth Division
from the Circuit Court of Cook County. No. 12 CR 16965
Honorable James M. Obbish, Judge Presiding.
JUSTICE DELORT delivered the judgment of the court, with
opinion. Presiding Justice Hoffman and Justice Rochford
concurred in the judgment and opinion.
1 After a bench trial, defendant Fredrick Jones was convicted
of robbery and sentenced to 15 years' imprisonment. He
raises three arguments on appeal. First, he contends that the
circuit court erred by denying his motion to suppress the
victim's identification testimony, which was based on a
showup that defendant maintains was unduly suggestive.
Second, he argues his attorney rendered ineffective
assistance of counsel by failing-for purposes of perfecting
impeachment-to have a third party present for a conversation
she had with the victim in a hallway outside the courtroom.
Third, he contends that the fines, fees, and costs order must
be corrected to reflect pretrial credit. We affirm and
correct the mittimus.
3 Defendant was charged by information with one count of
armed robbery (720 ILCS 5/18-2(a)(2) (West 2012)) and one
count of aggravated unlawful restraint (720 ILCS 5/10-3.1
(West 2012)). On September 27, 2013, a public defender filed
a motion to suppress identification testimony on
defendant's behalf. That attorney later withdrew from the
case and assistant public defender Kyan Keenan took over the
4 On February 6, 2014, Keenan filed an amended motion to
suppress. That motion, which was largely duplicative of the
original motion to suppress, stated that at 10:51 a.m. on
August 31, 2012, defendant was arrested at 6330 South
Elizabeth Street in Chicago by Chicago police officers. The
officers were responding to a 9-1-1 call that was placed at
10:45 a.m., reporting a " 'person with a gun'
" near 720 West 68th Street. After the police arrested
defendant, they transported him by police car back to the
scene of the robbery and presented him to Sean Coleman, the
robbery victim. Coleman identified defendant. The motion
argued that Coleman's identification testimony should be
suppressed because the showup was unduly suggestive, as the
defendant was handcuffed during the showup and Coleman's
identification was not independently reliable.
5 On April 7, 2014, the court held an evidentiary hearing on
the motion. At the hearing, Coleman testified that at 10:45
a.m. on the morning of August 31, 2012, he was robbed by a
man with a gun while he was near 720 West 68th Street in
Chicago. After the robbery, Coleman called 9-1-1. When the
police arrived, they asked Coleman if he could identify the
robbers. Coleman stated that he could. Thereafter, Chicago
police officer Kevin Connors drove Coleman to a location a
few blocks away. Coleman testified that during the drive,
Officer Connors asked what the robber had taken, but that he
had no recollection regarding whether Officer Connors stated
if, or where, Coleman's stolen wallet had been found.
6 Attorney Keenan then asked Coleman if he "recall[ed]
being in court on February 26th of
2013? Coleman answered that he did, leading
to the following colloquy:
Q. Right. Do you remember having a conversation with me in
Q. Do you remember that I asked you did the officer's
[sic] say anything to you in route from the scene to
where you made your identification?
A. Basically they just asked me what was taken from me.
Something along those lines.
Q. Do you remember telling me during that conversation that
the officer told you that your wallet had been found on the
person that you were going to identify?
A. No. I don't recall telling you that.
Q. Do you remember telling me that the officer's
THE COURT: Was somebody else present?
MS. KEENAN: No, Judge.
THE COURT: You're making yourself a witness.
MS. KEENAN: Judge, I realize that and if that becomes the
situation, (Inaudible) not to do that. I didn't expect
that the witness would answer the way he's answering.
Q. Do you recall on February 26, 2014, when you had
conversation with me outside the courtroom telling me that
Officer Connors told you that this person that he was taking
you to had ...