from the Circuit Court of St. Clair County. No. 09-CF-1442
Honorable John Baricevic, Chief Circuit Judge, and Honorable
Heinz M. Rudolf, Judge, presiding.
Attorneys for Appellant James E. Chadd, State Appellate
Defender, Jacqueline L. Bullard, Deputy Defender, John M.
McCarthy, Assistant Appellate Defender, Office of the State
Appellate Defender, Fourth Judicial District,
Attorneys for Appellee Patrick Delfino, Director, Patrick D.
Daly, Deputy Director, Max C. Miller, Staff Attorney, Office
of the State's Attorneys Appellate Prosecutor,
OVERSTREET JUSTICE delivered the judgment of the court, with
opinion. Justices Barberis and Boie concurred in the judgment
1 In February 2016, a St. Clair County jury found the
defendant, Randy McCallum, guilty of two counts of first
degree murder for the September 2009 shooting deaths of
Charles Black and Kevin McVay. Viewed in the light most
favorable to the State, the evidence at trial established
that the defendant killed Black and McVay in front of his
ex-girlfriend's house and dropped a cigarette butt at the
crime scene, that an eyewitness to the murders identified the
defendant as the shooter, and that, in a dying declaration,
Black also identified the defendant as the shooter. The
evidence further established that the defendant made false
exculpatory statements when questioned about the murders and
made additional statements demonstrating his consciousness of
guilt during a subsequent telephone conversation with his
mother and sister. With respect to the former, the jury was
shown redacted video recordings of two postarrest interviews
that the defendant gave to investigators from the Illinois
State Police. On appeal, arguing that he should be granted a
new trial, the defendant contends that the circuit court
abused its discretion in denying his pretrial motion to
prohibit the State's introduction of the redacted
recording of the second interview. For the reasons that
follow, we disagree and affirm the defendant's
3 In September 2009, the defendant's sister, Rachelle
McCallum, was dating the defendant's friend, Devion Kidd,
and the defendant, who lived in Fairview Heights, was or had
recently been dating Tatanisha Banks. Tatanisha lived in a
house on the 1100 block of North 48th Street in Washington
Park with her sisters Taquela and Tierra Banks. The defendant
helped the Banks sisters move into the house in August 2009.
4 On the morning of September 17, 2009, the defendant was at
the Banks sisters' house visiting Tatanisha. On September
18, 2009, Tierra and Tatanisha went out with friends around
midnight and returned home around 3 a.m. Sometime thereafter,
Black and McVay drove to the sisters' house in
Black's car, which Black parked on the street in front of
the house. Taquela was not home that night.
5 At approximately 4:35 a.m., Black called 911 reporting that
he had just been shot on 48th Street and that "Randy
McCallum" was "the shooter." On the recording
of the 911 call, it is clear that Black was experiencing
difficulties breathing and communicating. Black can be heard
pleading with "Randy" following the sound of
multiple gunshots. Black's brief call abruptly ends after
the firing of additional gunshots and his apparent death
rattle are heard.
6 When the police who responded to Black's 911 call
arrived at the Banks sisters' house, they found
McVay's body in the ditch by the street near Black's
car. Approximately 30 feet away, Black's body was on the
ground in the front yard next to a tree, with the cell phone
that he used to call 911 still in his hand.
7 An autopsy later revealed that McVay had been shot three
times in the lower abdomen and once in the head. The headshot
proved fatal and resulted in a wound that was consistent with
a contact wound. An autopsy revealed that Black had also been
shot numerous times about the body and had also died from a
gunshot wound to the head.
8 Fired bullets recovered by the pathologist who performed
the autopsies were consistent with 9-millimeter bullets, and
9-millimeter cartridge casings, all of which had been ejected
from the same handgun, were found at the crime scene. A fully
loaded .30-30 Winchester rifle with no fingerprints on it was
found on the ground along the fence of a sewage pump station
adjacent to the Banks sisters' front yard. A vehicle
repair estimate for Kidd's vehicle dated September 2,
2009, was found in the ditch near McVay's body.
Additionally, a cigarette butt with the defendant's DNA
on it was discovered on the street near Black's car. The
crime scene investigator who collected the cigarette butt
later testified that it "appeared to be fresh,"
explaining that "it still ha[d] the gray ash on the end
9 Tierra witnessed part of the incident from her bedroom
window, which overlooked the front yard of the house. When
interviewed by investigators on September 18, 2009, Tierra
gave two video-recorded statements regarding what she had
seen and heard. In her first statement, Tierra indicated that
she had heard arguing outside her window and had heard a man,
whose voice she did not know, repeatedly say, "It's
me, bro." When she looked out, she saw a man, who she
could not identify, shoot a man who was on the ground by the
tree in her front yard. In her second September 18, 2009,
video-recorded statement, Tierra identified the defendant as
the man whom she had heard talking and seen shooting outside
her bedroom window.
10 On the night of December 8, 2009, the defendant was
arrested at a home in Lebanon. On December 9, 2009, the
defendant waived his Miranda rights and was twice
interviewed at the St. Clair County jail by Special Agents
James Walker and Robert O'Brien of the Illinois State
Police. See Miranda v. Arizona, 384 U.S. 436 (1966).
Both interviews were video recorded, and redacted copies of
both recordings were presented at trial. As redacted, the
recording of the first interview was approximately 35 minutes
long, and the recording of the second was approximately 18
minutes long. The record indicates that transcripts of the
interviews were never prepared.
11 During the first video-recorded interview, which commenced
at approximately 3:40 p.m., the defendant denied the
investigators' suggestions that he had been hiding out in
Lebanon and Alorton. He acknowledged, however, that he was
aware that the investigators had been wanting to talk to him,
that he had only known the resident of the home where he had
been arrested for "a couple of months," and that he
had met the resident through Robert Jones. Additionally, the
defendant did not deny the investigators' suggestions
that he had narrowly avoided being arrested at a club in East
St. Louis and that he had not previously been arrested in
Alorton because his father had significant "pull"
with the Alorton Police Department. The defendant laughed and
joked with the investigators about his near arrest at the
club, and he advised them that he was going to contact them
after his upcoming birthday. The defendant further advised
that he did not have a driver's license.
12 When asked if he knew Black and McVay, the defendant
paused before stating that he did. The defendant also smiled
when stating that he knew Black. Referring to Black and McVay
as his "partners," the defendant acknowledged that
he knew that they had been murdered. When Walker advised the
defendant that people were claiming that he had killed Black
and McVay, the defendant claimed that he knew nothing about
the killings. The defendant further claimed that he could not
recall where he had been on the morning in question. The
defendant acknowledged that he, Black, and McVay had been
"close" and had grown up together.
13 When asked about Tatanisha, the defendant indicated that
he used to see her, but he had not been to her house in
Washington Park since helping her move in August 2009. When
the defendant was advised that Tatanisha and Taquela had both
claimed that he had been at their house several times since
then, the defendant indicated that he did not remember being
14 When Walker falsely claimed that Kidd and Jones had both
implicated the defendant in the murders, the defendant
indicated that he had no idea why they would do that because
he had not done anything. When Walker asked the defendant if
he was going to confess to the murders, the defendant laughed
and again claimed no knowledge of what had occurred. He also
insisted that Black and McVay were his "partners."
Thereafter, O'Brien asked Walker if they were going to
let the defendant know about the "secret,"
i.e., "the phone call." When the defendant
asked about the phone call, Walker indicated that he was not
yet ready to discuss it.
15 After advising the defendant that the investigation had
led the police to conclude that the defendant, Kidd, and
Jones were involved in the murders and that the defendant was
the shooter, Walker again asked the defendant if he was
willing to confess. In response, the defendant again laughed
and insisted that he could not recall where he had been on
the morning in question.
16 When the defendant was confronted with the fact that he
did not act as if he cared that his friends had been killed,
the defendant indicated that he felt bad for them but had not
murdered them and had not learned of their deaths until days
after the fact. The defendant further indicated that he lost
friends all the time. When the defendant was asked where he
had been when he first learned that Black and McVay had been
murdered, he advised that he could not recall, but he might
have been at a friend's house. When O'Brien asked the
defendant why the defendant had smiled when Walker first
mentioned Black's name, the defendant stated that he had
to "think about the name." The defendant also
indicated that he smiled because he knew that Walker was
going to accuse him of having committed the murders.
17 When the defendant was asked if he could assist in the
investigation by providing an alibi that the investigators
could verify, he indicated that he had probably been at a
hotel with a girl when the murders occurred. When asked which
hotel, the defendant stated that he had "probably"
been at a hotel.
18 At one point, while reading from a notepad, Walker falsely
claimed that Jones had specifically stated, "[The
defendant] told me he killed them two. [The defendant] told
me he wasn't worried about it." In response, the
defendant laughed and indicated that if Jones did make such
statements, Jones was talking "crazy." The
defendant also laughed in disbelief when Walker again falsely
claimed that Kidd had been cooperating as well.
19 Toward the end of the first interview, the investigators
reiterated that they had a secret, and they advised the
defendant that their secret constituted evidence of his
guilt. Walker then asked the defendant if he would be willing
to confess if he was shown the evidence of his guilt. In
response, the defendant denied that such evidence existed and
explained that regardless of what the investigators showed
him, he would not confess to something he did not do. The
defendant agreed to speak with Walker and O'Brien at a
later time, and he was told to think about where he might
have been when the murders occurred.
20 We note that on the unredacted recording of the first
interview, the defendant was questioned about a string of
robberies that had recently occurred in Lebanon and about
drugs and ammunition that had been found in the home where he
was arrested. The defendant also acknowledged that he had
recently violated the conditions of his parole and knew that
there was a resulting warrant out for his arrest. The