People v. Lambert
State: Illinois
Court: 2nd District Appellate
Docket No: 2-94-1326
Case Date: 06/04/1997
No. 2--94--1326
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_________________________________________________________________
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ) No. 94--CF--148
)
v. )
)
FREDERICK R. LAMBERT, ) Honorable
) John W. Nielsen,
Defendant-Appellant. ) Judge, Presiding.
_________________________________________________________________
JUSTICE McLAREN delivered the opinion of the court:
The defendant, Frederick Lambert, was found guilty by a jury
of the charge of first degree murder (720 ILCS 5/9--1 (West
1994)). Subsequently, the trial court sentenced the defendant to
100 years' imprisonment. This appeal ensued. We reverse and
remand for a new trial.
The defendant was charged with the October 29, 1993, beating
death of Anthony Doss. The cases of the defendant's
codefendants, Antowan Lambert, Carl Dickson, Maurice Bowden,
Alexander Dowthard, Jr., and Lucio Flores, were disposed of in
separate proceedings.
Among other witnesses, the State called Lucio Flores, the
defendant's half-brother, and Antowan Lambert, the defendant's
nephew, as its only eyewitnesses tying the defendant to the
murder. During his testimony, Flores revealed that on January 7,
1994, he gave a written statement about Doss' death to Rockford
police detectives. Detective Bruce Scott later testified that he
and Detective Pobjecky took the written statement. Scott denied
that any deal was made with Flores in exchange for the statement.
Flores also testified that, in exchange for his testimony at
trial against the defendant, the State had agreed to reduce his
murder charge to aggravated battery (720 ILCS 5/12--4 (West
1994)) and concealment of a homicide (720 ILCS 5/9--3.1 (West
1994)), for which he would plead guilty and receive a sentence of
30 months' probation and time served.
Antowan testified that he gave a written statement regarding
Doss' murder to the Rockford police on January 4, 1994. Antowan
admitted at trial that he gave his statement only after he was
told that others had talked and after he was told of the possible
penalties for murder. Antowan also admitted that, prior to
making the statement, the police told him that it would go easier
for him if he talked. Antowan testified that, in exchange for
his testimony at the defendant's trial, his own murder charge
would be reduced to armed violence (720 ILCS 5/33A--2 (West
1994)), to which he would plead guilty for a 7
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