People v. Greer
State: Illinois
Court: 3rd District Appellate
Docket No: 3-95-0195
Case Date: 10/23/1997
No. 3--95--0195
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1997
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) for the 14th Judicial Circuit
) Rock Island County, Illinois
Plaintiff-Appellee, )
)
v. ) No. 94--CF--649
)
DAVID ALLEN GREER, ) Honorable
) James Teros
Defendant-Appellant. ) Judge, Presiding
_________________________________________________________________
JUSTICE HOLDRIDGE delivered the opinion of the Court:
_________________________________________________________________
The defendant, David Allen Greer, was convicted of first
degree murder (720 ILCS 5/9--1(a)(2) (West 1994)) and sentenced
to 50 years in prison. On appeal, the defendant contends that
several reversible errors occurred during his trial, including
the restriction of his cross-examination of a witness. We hold
that curtailing the defendant's cross-examination of one of the
State's key witnesses constituted reversible error. Thus, we
reverse and remand.
In the interest of brevity, we will outline only those facts
necessary to our discussion of the issue. On July 13, 1993, the
victim was shot and killed near a public housing project in Rock
Island, Illinois. At trial, one witness, Steve Fuhlman, testi-
fied that he saw the defendant shooting a gun toward the location
where the victim's body was later found. Fuhlman did not see the
victim, however.
On cross-examination of Fuhlman, the defendant brought out
that the State had helped Fuhlman move from the neighborhood
where the shooting occurred by furnishing Fuhlman with a moving
van and paying for his stay in a hotel during the move. The
defendant also attempted to bring out several other facts to show
that Fuhlman was biased toward the State. Those facts included:
(1) that Fuhlman had wanted to move from his home near the public
housing project for some time; (2) that he was unable to do so
for financial reasons; and (3) that he had not paid real estate
taxes for two years. Upon the State's objection, the trial court
refused to allow the defendant to pursue this line of question-
ing. In doing so, the trial judge stated, before the jury, that
"this is ridiculous. Cut it out." When the defendant pointed
out to the judge that he had used the word "ridiculous" in front
of the jury, the judge told the jury that he did not mean by that
remark that the defendant, his attorney or his theory of defense
was ridiculous.
After the conclusion of the trial and before jury delibera-
tions began, three jurors were allowed to go outside the court-
house to smoke cigarettes. While they were smoking, the jurors
saw the defendant, in shackles, being led from the courthouse to
a nearby vehicle for transportation back to the county jail.
The defendant was convicted and sentenced as previously
noted.
On appeal, the defendant contends that his cross-examination
of Fuhlman was unfairly restricted and that this restriction pre-
vented him from fully developing his theory of defense.
The defendant has the right to cross-examine a witness for
the purpose of showing the witness' interest, bias or motive to
testify falsely. People v. Britt, 265 Ill. App. 3d 129, 638
N.E.2d 282 (1994). Such cross-examination may concern any matter
that goes to explain, modify, discredit or destroy the witness'
testimony on direct examination. See People v. Aughinbaugh, 36
Ill. 2d 320, 223 N.E.2d 117 (1967). The trial court should give
the defendant the widest latitude to allow him to establish a
witness' bias or motive. People v. Gonzalez, 104 Ill. 2d 332,
472 N.E.2d 417 (1984). According to the Illinois Supreme Court,
when the defense theory is that the defendant has been framed and
the witness who led the police to the defendant has a motive to
testify falsely, the evidence to show that motive is "hardly
collateral." Gonzalez, 104 Ill. 2d at 338, 472 N.E.2d at 420.
Moreover, the United States Supreme Court has said that the jury
is entitled to have the details of the theory of defense before
it so it can make an informed judgment about the weight to give
the testimony it has heard. Davis v. Alaska, 415 U.S. 308, 39 L.
Ed. 2d 347, 94 S. Ct. 1105 (1974).
In the case at bar, the defendant attempted to cross-examine
Fuhlman on the depth of his financial distress and the extent of
his desire to move from the neighborhood in which the crime
occurred. Given these factors, the defendant then hoped to argue
that the help Fuhlman received from the State was sufficient to
induce him to implicate the defendant in the victim's death. The
trial court, however, stopped the defendant from adequately
developing this theory of impeachment. According to the trial
court, these issues were collateral. We disagree. As in the
Gonzalez case, the evidence that Fuhlman was behind in his real
estate taxes and that he had wanted to leave the neighborhood for
many years but had been financially unable to do so was "hardly
collateral" to the question of whether Fuhlman would testify
falsely in order to obtain help in moving.
Moreover, instead of giving the defendant the "widest
latitude," the trial court interrupted his attorney's cross-
examination and labelled it "ridiculous" in front of the jury.
To compound matters, the judge later told the jury that his
remarks did not mean that the defendant, his attorney or his case
was ridiculous. Was there any other way to interpret that
statement? We think not.
Based on our review of the record on appeal, we hold that
restricting the defendant's cross-examination was reversible
error.
Finally, we note that the Illinois Supreme Court has frowned
upon allowing jurors to see a defendant wearing shackles. See
People v. Boose, 66 Ill. 2d 261, 362 N.E.2d 303 (1977). While it
appears that the incident in this case was inadvertent, we stress
to the trial court that a recurrence of that event must be
assiduously avoided.
Our decision to remand the case for a new trial obviates the
need to consider the other errors the defendant claims occurred
at the first trial.
For the foregoing reasons, the judgment of the circuit court
of Rock Island County is reversed and the matter remanded for
further proceedings consistent with this opinion.
Reversed and remanded.
MICHELA, J. concurs; McCUSKEY, J., dissents.
JUSTICE McCUSKEY, Dissenting:
I disagree with both the majority's reasoning and conclu-
sion. Therefore, after a careful review of the record, I re-
spectfully dissent.
The resolution of this case requires more facts than those
provided by the majority. On July 13, 1993, the victim was shot
and killed near the Arsenal Courts housing project in Rock
Island, Illinois. There were two eyewitnesses to the shooting.
At trial, Gary Davis identified the defendant as the murderer.
He testified that he saw the defendant shoot the victim.
A second witness, Steve Fuhlman, was interviewed by Officer
Mark Nenninger on the day of the murder pursuant to a "neighbor-
hood canvas" in search of witnesses to the murder. Fuhlman told
the officers that he was outside on the street working on his car
when he saw one black man chasing another black man. On July 15,
1993, Fuhlman picked the defendant out of a photographic line-up.
At trial, Fuhlman identified the defendant as the shooter.
On cross-examination, defense counsel engaged in the following
exchange:
"Q: [D]id the State provide assistance to you or to
(sic) the State's Attorney's Office provide assis-
tance to you in moving away from the Arsenal
Courts area?
A: Some.
Q: So they provided some money for you for moving?
A: No. They supplied a truck.
Q: So you didn't have to rent a truck to move. Is
that correct?
A: Well I'm not totally moved. I still have belong-
ings in the house.
Q: Have they provided other financial assistance to
you?
A: Motel room for some place to stay.
Q: Is it your intention to permanently move from the
Arsenal Courts area?
A: Yes.
Q: And, you do not want to reside there. Is that
correct?
A: I feel unsafe there.
Q: And, isn't it also true that you did not want to
reside there at the time that this shooting occurred?
A: I wanted to reside there ever since I bought the
house.
Q: Well, weren't you looking for a reason to get out
of the Arsenal Courts area?
A: No I wasn't. I wouldn't have been putting money
in the house.
Q: Well weren't you behind on your obligations re-
garding that house financially?
A: Taxes.
Q: You hadn't paid the taxes for about two years on
it?"
With this question, the trial court stopped the cross-examina-
tion. The trial court found the question concerning property
taxes to be collateral. Outside the presence of the jury, the
judge allowed defense counsel to make an offer of proof and
continue questioning Fuhlman regarding the issue of unpaid taxes.
During this examination, Fuhlman admitted being behind on his
taxes. However, he also said that the State had not paid the
taxes for him.
Defense counsel argued that he was attempting to show the
witness's bias through this line of questioning. According to
the defendant, Fuhlman's testimony was his "ticket out" of a bad
neighborhood and an attempt to obtain financial assistance by the
State. The trial court was not convinced by the defendant's
analysis.
The court noted that one week before the trial, the State
had made a motion to withhold its witness list. The court ruled
that it had to be turned over to the defense. Subsequently,
Fuhlman's home was riddled with bullets while he, his wife, and
two young daughters were present. The court, on its own initia-
tive, ordered Fuhlman be taken into protective custody and
further ordered that the State share the costs with Fuhlman.
Accordingly, the court noted that any financial assistance
Fuhlman was receiving from the State was pursuant to the court
order. Furthermore, the court noted that the State did not pay
Fuhlman's real estate taxes or pay for his new home. Based on
these facts, the trial court found the question regarding proper-
ty taxes to be collateral.
The majority is indeed correct that a defendant has the
right to cross-examine a witness for the purpose of showing the
witness' interest, bias or motive to testify falsely. People v.
Britt, 265 Ill. App. 3d 129, 145, 638 N.E.2d 282, 294 (1994). As
Britt further notes, however, "a defendant does not possess the
unbridled authority to question a witness." Britt, 265 Ill. App.
3d at 145, 638 N.E.2d at 294. Indeed, a defendant should have
the "opportunity for effective cross-examination, not cross-
examination that is effective in whatever way, and to whatever
extent, the defense might wish." (Emphasis in original.) Britt,
265 Ill. App. 3d at 145, 638 N.E.2d at 294.
Accordingly, "the trial court enjoys wide latitude in
limiting the cross-examination of a witness to prevent repetitive
or minimally relevant questioning, harassment, prejudice, or
confusion of the issues." Britt, 265 Ill. App. 3d at 146, 638
N.E.2d at 294. Thus, when a defendant claims that his cross-
examination of a witness was unduly restricted, "we look to the
testimony allowed rather than that prohibited." (Emphasis in the
original.) Britt, 265 Ill. App. 3d at 146, 638 N.E.2d at 294.
In the instant case, the trial court allowed the defendant
to examine Fuhlman regarding the question of bias. As the
above-recited testimony shows, the defense was allowed to fully
explore the amount of financial aid that Fuhlman received from
the State. The only question the trial court excluded in cross-
examination was the question concerning property taxes. Even
here, however, the trial court allowed the defense to make an
offer of proof outside the presence of the jury. During that
examination, it became eminently clear that the State in no way
assisted Fuhlman in the payment of his property taxes. Thus,
continued questioning by the defense counsel on this matter was
clearly collateral. Consequently, looking to what cross-examina-
tion was allowed by the trial court versus the single question
disallowed by the court, it is clear that the judge allowed the
jury to hear sufficient testimony to determine Fuhlman's credi-
bility. See Britt, 265 Ill. App. 3d at 146, 638 N.E.2d at 294.
Based on my review, I conclude that the trial court did not abuse
its discretion when it found the question to be collateral.
Moreover, the defense "ticket out" theory was patently
without merit. Contrary to the majority's statement that Fuhlman
"wanted to leave the neighborhood for many years," Fuhlman
testified that he did not desire to move from his home prior to
the murder. Rather, it was only after the murder that he felt
"unsafe." The trial court made it very clear that Fuhlman's
insecurity about his safety stemmed from his home being shot-up a
week before trial.
In order for Fuhlman to have used his testimony as a "ticket
out," he would have had to know in advance that (1) his home
would be shot-up; (2) the trial court on its own motion would
place him into protective custody; and (3) the State would be
ordered to share his costs. Given the near impossibility of this
theory, I find the trial court was correct in not allowing the
defense to pursue further examination on this issue.
For the reasons stated, I would affirm the judgment of the
trial court.
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