{ "id": 3405890, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JACKIE TURNER, Defendant-Appellant", "name_abbreviation": "People v. Turner", "decision_date": "1977-12-12", "docket_number": "No. 60893", "first_page": "1008", "last_page": "1014", "citations": [ { "type": "official", "cite": "55 Ill. App. 3d 1008" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "210 N.E.2d 507", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "33 Ill. 2d 168", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2886664 ], "opinion_index": 0, "case_paths": [ "/ill-2d/33/0168-01" ] }, { "cite": "347 N.E.2d 733", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "63 Ill. 2d 296", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5428466 ], "opinion_index": 0, "case_paths": [ "/ill-2d/63/0296-01" ] }, { "cite": "302 N.E.2d 7", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "55 Ill. 2d 39", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2937410 ], "opinion_index": 0, "case_paths": [ "/ill-2d/55/0039-01" ] }, { "cite": "362 N.E.2d 291", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "66 Ill. 2d 346", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5464792 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/ill-2d/66/0346-01" ] }, { "cite": "288 N.E.2d 672", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "8 Ill. App. 3d 2", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2762972 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/8/0002-01" ] }, { "cite": "308 N.E.2d 18", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "17 Ill. App. 3d 166", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2514240 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/17/0166-01" ] }, { "cite": "356 N.E.2d 776", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "64 Ill. 2d 536", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5428815 ], "opinion_index": 0, "case_paths": [ "/ill-2d/64/0536-01" ] }, { "cite": "358 N.E.2d 106", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "44 Ill. App. 3d 207", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2816760 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/44/0207-01" ] } ], "analysis": { "cardinality": 705, "char_count": 15108, "ocr_confidence": 0.902, "pagerank": { "raw": 4.5330875625009783e-08, "percentile": 0.2840078707291429 }, "sha256": "de403f93125d544a506ed898a5b0c5fa04a9470e7af67a2c3672448963dc203f", "simhash": "1:f7da09c4cffc39a2", "word_count": 2668 }, "last_updated": "2023-07-14T21:20:02.730807+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JACKIE TURNER, Defendant-Appellant." ], "opinions": [ { "text": "Mr. JUSTICE O\u2019CONNOR\ndelivered the opinion of the court:\nDefendant, Jackie Turner, was charged with armed robbery and aggravated kidnapping. After a bench trial, defendant was convicted of both offenses and sentenced to concurrent terms of 7 to 21 years in the penitentiary. He appeals, contending that (1) his right to a speedy trial pursuant to the Fourth Term Act Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1973, ch. 38, par. 103\u20145) was infringed and (2) he was not proved guilty beyond a reasonable doubt.\nWith reference to defendant\u2019s first contention, the record discloses: Defendant was arrested on November 25, 1972. On January 9, 1973, he was indicted for armed robbery and aggravated kidnapping. He demanded trial on those charges on February 8,1973. Defendant posted bond and was released from custody on March 5,1973. An indictment for bail jumping on a charge unrelated to the armed robbery and aggravated kidnapping charges was returned on March 9, 1973. On April 19, 1973, defendant demanded trial on that charge and the other charges. Defendant\u2019s trial for bail jumping commenced on April 26,1973. He was found guilty on May 3, 1973, and was sentenced on June 15, 1973. Defendant agreed to a continuance of the trial on the armed robbery and aggravated kidnapping charges until October 9,1973. He filed his motion for discharge on October 26, 1973, alleging that more than 160 days had elapsed since his arrest and indictment.\nSection 103\u20145(e) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 103\u20145(e)) provides in applicable part:\n\u201c(e) If a person is simultaneously in custody upon more than one charge pending against him in the same county, or simultaneously demands trial upon more than one charge pending against him in the same county, he shall be tried, or adjudged guilty after waiver of trial, upon at least one such charge before expiration relative to any of such pending charges of the period prescribed by subparagraphs (a) and (b) of this Section. Such person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which judgment relative to the first charge thus prosecuted is rendered pursuant to Section 118\u20141 of this Act * * *; if either such period of 160 days expires without the commencement of trial of, or adjudication of guilty after waiver of trial of, any of such remaining charges thus pending, such charge or charges shall be dismissed and barred for want of prosecution unless delay is occasioned by the defendant, * \u00b0\nDefendant simultaneously was demanding trial on the bail jumping and the armed robbery and aggravated kidnapping indictments as of April 19,1973. He was on bond at that time; consequently, the State had 160 days to try defendant. (Ill. Rev. Stat. 1975, ch. 38, par. 103\u20145(b).) According to the provisions of section 103\u20145(e) (Ill. Rev. Stat. 1975, ch. 38, par. 103\u20145(e)), the State was required to try defendant on at least one of the pending charges within 160 days of his arrest. Defendant\u2019s trial for bail jumping began 152 days after his arrest. The State is also required to try all of the remaining charges within 160 days of the judgment on the first charge. (Ill. Rev. Stat. 1975, ch. 38, par. 103\u20145(e).) Defendant\u2019s motion for discharge on the armed robbery and aggravated kidnapping indictments was filed on October 26, 1973. The date of judgment on the first charge is the date of sentencing, June 15, 1973. (Ill. Rev. Stat. 1975, ch. 38, par. 103\u20145(e); People v. Martin (1976), 44 Ill. App. 3d 207, 358 N.E.2d 106.) However, defendant broke the term by agreeing to a continuance on September 24,1973. (People v. Donalson (1976), 64 Ill. 2d 536, 356 N.E.2d 776.) The term began to run anew on October 9,1973, the continued date to which defendant had consented. (People v. Partee (1974), 17 Ill. App. 3d 166, 308 N.E.2d 18.) The trial on the armed robbery and aggravated kidnapping charges began on January 17,1974. This was within 160 days of October 9, 1973. When defendant\u2019s motion for discharge was filed on October 26,1973, his right to a speedy trial had not been violated. His motion was properly denied.\nDefendant\u2019s reliance on People v. King (1972), 8 Ill. App. 3d 2, 288 N.E.2d 672, is misplaced. That case was decided on an application of section 3\u20143 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 3\u20143), which was concerned with multiple charges arising out of the same act. Defendant\u2019s charge of bail jumping did not arise out of the same act as the armed robbery and aggravated kidnapping charges.\nWith reference to defendant\u2019s contention that he was not found guilty beyond a reasonable doubt, the record shows: On August 3,1972, at about 9 p.m., Charles F. Moore left his office at 352 East 87th Street in Chicago and walked across the street to his automobile. He saw a black man about 5'6\" tall, weighing about 150 pounds, standing behind a cleaner\u2019s building near his car. The man walked around Moore. Moore turned to face him and asked the man what he wanted. The man mumbled something. When he got within 15 feet of Moore, he pulled a revolver from under his coat. The man told Moore to stand there, don\u2019t say anything and don\u2019t run. Two men came up behind Moore. A tall man put an automatic pistol to Moore\u2019s head. The tall man told Moore to get into the car and sit on the back seat. The tall man took Moore\u2019s watch and his wallet containing *300. The men told him if he didn\u2019t cooperate they would blow his brains out. Moore lay down on the floor of the back seat of the car. His hands were tied behind his back, his feet were tied together and tape was put over his eyes.\nMoore was driven to a building and carried upstairs. During the drive, he was told the men wanted *15,000 or he would be killed. Later, still blindfolded, he was taken out and driven to a telephone. Many cars were passing the telephone. Someone dialed his home telephone number and Moore spoke to his wife and told her he would not be home that night. While he was being driven from the telephone to another building, two sets of feet were on his back while he was lying on the floor of the back seat of the car. He was taken to a place with high grass and was carried into a building and down some stairs. He was tied to a post in the middle of a room. During the night he pretended to faint, but the tall man put water in Moore\u2019s mouth and nose and told him, \u201cdon\u2019t ever try that trick on me no more.\u201d The next morning Moore told the men he could get them the money by having his wife get a check for *15,000 from his secretary. He was taken to a phone and spoke to his wife and secretary about the check. His wife was to cash the check and leave the money in small bills in a bag at 81st Street and Ingleside. After the telephone call, he was put in a different car in a garage. Later he was able to bum the ropes on his wrists and escape from the garage. He ran to a house and called the police. When the police arrived, he led them to the garage behind 8730 South Union Avenue, Chicago, where he had been kept. Later he was able to recognize 8730 South Union as the house where he had been held captive.\nHazel Thomas, Moore\u2019s secretary, made out a check for *15,000 and gave it to Mrs. Moore on August 4,1972. Loretta Moore, the victim\u2019s wife, presented the check at the Independence Bank of Chicago and received a paper bag filled with small bills. Mrs. Moore, in the company of an agent of the Federal Bureau of Investigation, dropped the bag at 81st Street and Ingleside Avenue, in Chicago.\nOfficer Gene Harris of the Chicago Police Department testified he went to 8748 South Union in response to a radio call and there saw Mr. Moore, who had burnt rope and tape on his wrists and was barefoot. Moore led him to a garage at 8730 South Union, which contained Moore\u2019s late-model Cadillac and which Moore said was the place from which he had escaped. Officer Harris found a Richard\u2019s Wild Irish Rose wine bottle on a countertop in the house.\nJohn Olezniczak, an employee of the Chicago Police Department Crime Laboratory, a qualified expert in fingerprint identification, stated that in his opinion, based on a comparison of the latent fingerprint from the wine bottle found at 8730 South Union and the known fingerprint of defendant, that the fingerprint on the wine bottle was defendant\u2019s.\nNebooker Nevels, a co-defendant, testified that he had known defendant for more than 8 years. On August 3, 1972, defendant came to Nevels\u2019 house at about 2 p.m., accompanied by Brenda Cole and James Nevels. Defendant told him about abducting a Mr. Moore at his office on 87th Street. They would get *15,000 ransom. Turner gave him a .38-caliber pistol, but kept his own .45-caliber pistol. They all went to Cole\u2019s apartment and then to a hardware store to buy tape. Turner told him he would wait for Moore in front of a cleaner\u2019s store across from Moore\u2019s office, while defendant and James Nevels waited behind the cleaner\u2019s.\nThey parked their car across from Moore\u2019s office. At 10 p.m., Moore left his office and went to his parked car. Nebooker Nevels followed Moore to his car. When Moore turned toward Nebooker Nevels, defendant and James Nevels encircled him. Defendant told Moore to be cool and pulled his .45-caliber pistol. Turner shoved Moore into the back seat of Moore\u2019s car and put tape over his eyes and around his wrists. They drove to a telephone at 39th Street and Lake Shore Drive, where Moore told his wife he would not be home that night. After they took the victim to defendant\u2019s apartment, they took Moore to 8730 South Union and carried him into the basement. Nebooker Nevels saw defendant slap Moore in the face. They tied Moore to a post in the floor. That night Nebooker Nevels went out and brought back some wine, which he, Turner and James Nevels drank. In the morning of August 4, 1972, they drove Moore to the telephone he had used the previous night. Moore instructed his secretary to draw a check for *15,000 and give it to his wife. Mrs. Moore was told to cash the check and leave the money in small bills at 81st and Ingleside in a paper bag. After the call, they put Moore in his own car in the garage at 8730 South Union. Later that morning, Nebooker Nevels went back to the garage and discovered that Moore had escaped.\nBrenda Cole, a co-defendant, testified that prior to August 3, 1972, defendant had asked her about Mr. Moore, his business and his personal life. On that afternoon, she, James Nevels and defendant went to Nebooker Nevels\u2019 house. Defendant was much taller than James and Nebooker Nevels. All of them drove past Moore\u2019s office and had a conversation about Moore. They went to Brenda Cole\u2019s apartment, where the men talked in her kitchen. She gave defendant his .45 and the keys to her uncle\u2019s car. That night she saw Moore lying in the back seat of his car. She was driven in Moore\u2019s car to pick up her uncle\u2019s car on 87th Street. When she arrived at 8730 South Union, she saw Moore tied to a post on the basement floor. On August 4,1972, she left 8730 South Union to watch Mrs. Moore get the check and go to the Independence Bank. Cole went to 81st and Ingleside, but left because there were too many detective cars around.\nFor the defense, Jeanne Williams, defendant\u2019s former wife, testified that on August 4, 1972, defendant was with her at 4444 North Sheridan Road, Chicago, from 2:30 a.m. until 9 a.m. Then they went to defendant\u2019s mother\u2019s house on South Sangamon in Chicago, where they remained until 6 p.m. Defendant was arrested at her apartment.\nJackie Turner testified in his own defense. He stated that on August 3, 1972, he saw James and Nebooker Nevels but only in the afternoon at a pool hall. He bought them a bottle of wine. From about 7 p.m. to 1 a.m., he was at his sister\u2019s house, playing cards with a group of people. When he left her house, Kenneth Grizzard dropped him at the Chicago Transit Authority station at 95th Street and the Dan Ryan Expressway. He rode the elevated train to the Loop and to the stop nearest his former wife\u2019s apartment, where he stayed until they went to his mother\u2019s house on the morning of August 4. Defendant denied seeing Brenda Cole or Charles Moore on August 3,1972. After he saw James and Nebooker Nevels at the pool hall, he did not see them again on that date. He never drove the victim\u2019s car; nor did he own a .45-caliber pistol.\nGeraldine Hughes, defendant\u2019s mother, testified that defendant was at her house from 11 a.m. to 7 p.m. on August 4, 1972. When she had been interviewed by an investigator for the State\u2019s Attorney\u2019s office prior to her testimony, she said she did not remember where defendant was on August 4, 1972.\nKenneth Grizzard, a friend of defendant, testified that he played cards with defendant at defendant\u2019s sister\u2019s house on August 3, 1972. He remembered the date because defendant\u2019s sister and her family brought it to his attention.\nAretcha Cooper, defendant\u2019s sister, stated that she saw defendant at Billie Mott\u2019s house on August 3, 1972. When questioned by a State\u2019s Attorney\u2019s investigator before she testified, she \u201cfunned\u201d with him when she told him she did not remember August 3, 1972. She only \u201cfunned\u201d about things she did not wish to disclose to the investigator.\nBillie Mott, defendant\u2019s sister, testified that defendant played cards at her house on August 3, 1972.\nIn rebuttal, James Duffy, also known as James Nevels, testified that he did not play pool with defendant at any time on August 3, 1972. On August 4, 1972, from 1 a.m. to 7 a.m., he was with defendant and they were not at Jeanne Williams\u2019 apartment at 4444 North Sheridan Road. He did go to defendant\u2019s mother\u2019s house on August 4,1972. He and defendant got there about 1:15 p.m. and stayed a short while.\nDefendant contends he was not proved guilty beyond a reasonable doubt because the State\u2019s case consisted mainly of accomplice testimony, which is inherently suspect. Accomplice testimony, standing alone, may be sufficient to convict. (People v. Wilson (1977), 66 Ill. 2d 346, 362 N.E.2d 291; People v. Pittman (1973), 55 Ill. 2d 39, 302 N.E.2d 7.) In this case, the accomplice testimony was corroborated in many details by other testimony, including that of the victim. This court will not substitute its judgment for that of the trier of fact because there is conflicting evidence. (People v. Akis (1976), 63 Ill. 2d 296, 347 N.E.2d 733.) The trier of fact is not bound to accept defendant\u2019s exculpatory evidence. (People v. Warren (1965), 33 Ill. 2d 168, 210 N.E.2d 507.) On this record, the defendant was proved guilty beyond a reasonable doubt.\nJudgment affirmed.\nGOLDBERG, P. J., and McGLOON, J., concur.", "type": "majority", "author": "Mr. JUSTICE O\u2019CONNOR" } ], "attorneys": [ "Ralph Ruebner and Steven Clark, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Bernard Carey, State\u2019s Attorney, of Chicago (Lee T. Hettinger and Kenneth T. McCurry, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JACKIE TURNER, Defendant-Appellant.\nFirst District (1st Division)\nNo. 60893\nOpinion filed December 12, 1977.\nRalph Ruebner and Steven Clark, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Lee T. Hettinger and Kenneth T. McCurry, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "1008-01", "first_page_order": 1030, "last_page_order": 1036 }