People v. Jackson
Full Opinion (html_with_citations)
delivered the judgment of the court, with opinion.
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.
OPINION
At issue is whether defendant, Lewis Jackson, was denied a fair trial by the admission of evidence that his deoxyribonucleic acid (DNA) profile was contained in a state database. We agree with the State, petitioner herein, that he was not. Further, we reject defendantâs claims on cross-appeal that the trial court erred in denying his motion to quash arrest and suppress statements and that the evidence presented at trial was insufficient to prove him guilty of first degree murder beyond a reasonable doubt.
BACKGROUND
A jury in the circuit court of Cook County found defendant guilty of the first degree murder of his aunt, Doris Jackson, and additionally found that the murder resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty and had been committed during the course of an armed robbery. The trial court sentenced defendant to an extended term of natural life in prison. Defendant appealed and the appellate court held, inter alia, that while the evidence presented at trial was very close, it was sufficient to establish defendantâs guilt beyond a reasonable doubt, and that police had probable cause to arrest defendant, affirming the trial courtâs denial of defendantâs motion to suppress. 372 Ill. App. 3d 112, 120-21. However, the appellate court reversed defendantâs conviction and remanded for a new trial, holding that the admission of an evidence technicianâs testimony regarding a DNA database was error, as it tended to suggest that defendant had committed other crimes, depriving him of a fair trial. 372 Ill. App. 3d at 124.
The following compilation of facts was gleaned from the common law record, the transcript of the hearing on defendantâs motion to quash arrest and suppress evidence and the trial transcript and is presented in, approximately, chronological order. Doris Jackson (the victim) lived in a building for senior citizens in Harvey, Illinois. The victim had lived in the building since she had suffered a stroke which left her paralyzed on her right side and impaired her ability to speak. Defendant, who had been kicked out of his motherâs house, had been living with the victim for several weeks at the time of her murder. The lobby of the victimâs building was only accessible with a key and the door to each apartment in the building locked automatically when it was closed. However, a person without a key could gain access to the lobby if someone inside let that person in. Each tenant was issued two keys to the front door of the building, two apartment door keys, one mailbox key and one storage room key. The victim and her ex-husband, defendantâs uncle Lewis Jackson (Lewis), each possessed a front door and an apartment key.
On November 1, 1995, Lewis picked up the victim from her apartment, took her to cash her public aid check and to pay her bills, took her to lunch and dropped her off at her apartment. Generally, after paying her bills, the victim was left with about $100 cash, which she would keep in her bra. However, Lewis did not see the victim place any money in her bra that day. The following morning, November 2, 1995, at about 7 oâclock, the victimâs daughter, Cassandra Jackson (Cassandra), telephoned the victim but received no answer. Cassandra was not concerned because the victim often went down to her buildingâs recreation room to get coffee in the morning. That morning at around 7 or 7:30 a.m., the victimâs across-the-hall neighbor Kenneth Jackson (Kenneth) saw the victim in the recreation room. Gwen Alexander, another resident of the building, met with the victim every morning, but did not see her on November 2, although she saw defendant in the elevator that morning. Around 9 or 10 a.m., the buildingâs maintenance man, Willie Stewart, was vacuuming in the lobby when defendant entered the building, asked if the mail had arrived and opened the victimâs mailbox. Though Stewart did not recall seeing defendant use keys, Stewart concluded that defendant would have had to use keys in order to gain access to the building and the mailbox.
That afternoon, at about 3 oâclock, Cassandra went to the victimâs apartment building. Because Cassandra did not have a key to enter the lobby of the victimâs building, she rang the victimâs apartment but received no answer and left. At around 3:30 p.m., Kenneth saw defendant in the hallway outside the victimâs apartment. Defendant walked away from the apartment toward the stairs. Kenneth did not see keys in defendantâs hand and did not see blood on defendantâs clothes. Between 3:30 and 4 p.m., Stewart and his friend John Simms were outside the building when a man Stewart identified as defendant, but whom Simms could not identify, came out of the building and asked them for a ride to a currency exchange. They refused defendantâs request and offer of $20 and saw him use a key to reenter the building. Cassandra returned to the building at about 6 p.m. and, after ringing the victimâs apartment and receiving no response, rang Stewartâs apartment. Stewart used his keys to let Cassandra into the building and into the victimâs apartment, where they found the victim dead in a puddle of blood on her bedroom floor. Cassandra noticed that a television was missing from the living room and another was missing from the bedroom. Stewart called the police.
At some time before 7 p.m., Detective John Rizzi of the Harvey police department arrived at the victimâs apartment, and Illinois State Police crime scene investigator Jill Rizz, known as Lieutenant Jill Hill (Hill) at the time of trial, arrived shortly thereafter. Hill walked through each room of the apartment taking notes, measurements and photographs. From the bedroom, Hill collected two bloodstained pillowcases, two bloodstained bedsheets, a broken knife blade discovered under a pillow on the bed, a small metal rivet that was consistent with the handle of a knife, a bloodstained yellow jacket and a baseball hat. Hill observed blood on the floor of the bedroom which indicated movement after the victimâs blood had been shed, and that the victim had suffered multiple stab wounds to her hands, arms and chest area. In photographing the bathroom, Hill observed the toilet seat up and blood on the inside of the toilet bowl above the water line. She also observed drops of blood on the toilet rim, floor, and sink and a streak of blood on the side of the bathtub, and collected a swab of blood from both the toilet rim and the side of the bathtub. She also collected a blood-soaked dollar bill from the bathroom floor. Hill observed that the pattern of dust on a table in the kitchen and on a dresser in the bedroom was consistent with Cassandraâs assertion that two televisions had been removed from the apartment. There was no sign of forced entry to the victimâs apartment. No keys or money, other than the blood-soaked dollar bill, were found in the apartment; however, a purse hanging on a doorknob in the apartment was not searched.
While at the apartment building, Rizzi spoke with Cassandra and asked if she could meet him at the police station. She agreed and told Rizzi that defendant had been staying with the victim. She also gave Rizzi the name and phone number of the victimâs ex-husband, Lewis Jackson, whom Rizzi called and asked to come to the police department to talk with him. Rizzi spoke to several tenants of the apartment building, including Kenneth, whom he asked to meet him at the police department. Rizzi and Hill returned to the police station, where Rizzi spoke individually with Cassandra, Lewis, and Kenneth. Cassandra told Rizzi that defendant was a crack cocaine user, and that he and Doris sometimes argued over money. She then described her attempts to see her mother that day. Lewis described his outing with the victim the previous day, and stated he had the extra set of keys to the victimâs apartment. Kenneth told Rizzi about his contacts with the victim and defendant that day.
Lewis, Cassandra, and her husband, Shannon Frazier, then returned to the victimâs apartment. While they were cleaning the apartment, Cassandra and Frazier heard keys jingling and saw the door to the apartment crack open. Frazier went to the door and saw defendant walking away. Frazier called out to defendant and he came back to the apartment. Frazier did not notice any cuts on defendantâs hands at that time. Lewis then told defendant that âsomebody killed your Aunt Doris.â Defendantâs immediate response was, âI didnât do it.â Lewis told defendant that the police wanted to talk to him and, around 1 a.m. on November 3, Frazier drove defendant to the police station. When they arrived, defendant went to the bathroom. He was then taken into an interview room with Rizzi. Frazier went into the bathroom after defendant and found a set of keys, which he recognized as the victimâs, sitting in the wastebasket. He then called Cassandra, told her about the keys, and returned to the victimâs apartment.
In the interview room, Rizzi advised defendant of his Miranda rights and noticed, as defendant was initialing a form regarding those rights, that defendant had cuts on the palms of both of his hands. After speaking with defendant for 10 minutes, Rizzi was called by the desk clerk and advised that Cassandra had telephoned to say that defendant had hidden something in the garbage can near the menâs bathroom. Rizzi went to the bathroom and recovered a set of keys from the wastebasket and set them on his desk. Rizzi then returned to the interview room. Defendant told Rizzi that he had last seen the victim on November 1 and had returned to her apartment at 10 a.m. on November 2. At that time, defendant could not get into the apartment because it was locked, so defendant went to his friend Clarence Douglasâ apartment, which was also in the building, and âgot highâ with Douglas and a woman named Joan. Defendant and Joan then went to the area of 159th Street and Carrs Avenue until 1 a.m. November 3, when he returned to the apartment. Defendant acknowledged that he was aware that the victim kept her money in her bra. Defendant could not recall where he had gotten the cuts on his hands and agreed to allow them to be photographed. Rizzi took six pictures of defendantâs hands, placed him under arrest and took him to the police station lockup.
Back at the victimâs apartment, Lewis, Cassandra and Frazier found a shirt, a pair of jeans, and a washcloth on and in the clothes hamper in the bathroom that were damp and appeared to have blood on them. Lewis and Frazier brought the clothes to the police station and turned them over to Rizzi in the early morning hours of November 3. Cassandra noticed that there was dishwashing liquid in the bathroom, which she thought was unusual, as the victim always kept the dishwashing liquid in the kitchen. Cassandra also found a plain white envelope with a bloody palm print on it in the victimâs bedroom, but rather than turn it over to police, she later gave it to her aunt, defendantâs mother. In a conversation near the time of the victimâs funeral, defendant told Cassandra that he had torn up the envelope.
Rizzi and Hill attended the victimâs autopsy around 8 a.m. on November 3 at the medical examinerâs office. The autopsy revealed that the victim had been stabbed 30 times. She sustained 17 defensive stab wounds to her arms and hands. These wounds, along with hemorrhaging to her forehead and leg, indicated that the victim had struggled. Of the 13 wounds the victim sustained to her torso, two went through her lungs and heart, breaking her ribs, and were likely to have been immediately fatal. In addition to two broken ribs, the victim sustained a broken bone in her arm and a broken bone in her hand. The cause of death was multiple stab wounds. The time of death was placed sometime on the morning of November 2, based on the fact that the victimâs bladder was empty, indicating that she did not live very long after urinating. In addition, the only thing inside the victimâs stomach was a small amount of brown liquid which could have been coffee. Following the autopsy, Hill collected and took to her lab a sample of the victimâs blood and fingernails, vaginal, anal and oral swabs, and pieces of the victimâs arm, finger and rib bones. She gave Rizzi the victimâs dress, bra and socks, which he inventoried the next day. Rizzi also inventoried the keys that were recovered from the police station bathroom, the photographs of defendantâs hands and the clothing found in the victimâs apartment. On either November 3 or 4, 1995, officers took the keys recovered from the police station bathroom to Stewart, who identified them through the buildingâs key code book as the victimâs keys.
At 4 p.m. on November 3, 1995, after advising him again of his Miranda rights, Rizzi had a second conversation with defendant. Rizzi confronted defendant about the victimâs money and defendant stated that he did not need money because he had just cashed a $99 unemployment check. Defendant denied that the keys recovered from the station bathroom belonged to him. Defendant stated that on November 1 at 11 p.m. he was at Popeyeâs restaurant and then went to Douglasâ apartment, where he stayed until 2 a.m. on November 2. Defendant then met a man in a gray Chrysler and got high. Defendant returned to the victimâs apartment at 3 a.m. and found the door unlocked. He retrieved his jacket from the apartment but did not see the victim. He then proceeded to get high with the man in the gray Chrysler again and returned to the victimâs apartment at 10 a.m. on November 2 to find the door locked. Defendant spent the rest of the day getting high at Douglasâ apartment and at 159th Street and Carrs Avenue. He returned to the victimâs apartment at 1 a.m. on November 3 and found his family members in the apartment.
On the following day, November 4, 1995, at around 5:30 p.m., Assistant Stateâs Attorney Frank Cece spoke with defendant after advising him of his Miranda rights. Cece noticed a cut on defendantâs right palm during this interview. In this, the first of their four conversations, defendant related to Cece that he had returned to the victimâs apartment at 10 a.m. on November 2, after being out all night, to find the apartment door locked. Defendant then went to Douglasâ apartment, until around 2 p.m., when he went with a woman named Joan to the area of 158th Street and Carrs Avenue, where he drank alcohol and got high with several friends. At 1 a.m. on November 3, defendant returned to the victimâs apartment and was told the police wanted to talk to him. Cece spoke with defendant a second time around 10 p.m. on the evening of November 4, 1995, after advising him of his Miranda rights. Defendant stated that he had left the victimâs apartment at 11 p.m. on November 1 to go to Popeyeâs restaurant and then to Douglasâ apartment, where he drank alcohol and got high. At 2 a.m. on November 2, defendant returned to the victimâs apartment, which was unlocked, and retrieved his jacket but did not see the victim. He then went to an area of Harvey called the Village, located at 154th Street and Claremont, and to Mackeyâs Lounge at 159th Street and Dixie. At 3 a.m. he left the lounge and ended up âscoring drugsâ and getting high with a man in a car until 4 a.m. on November 2. When defendant returned to the victimâs apartment, around 10 a.m., he found the door locked, so he went back to Douglasâ apartment until 2 p.m. Defendant then related the same story about Joan, partying in the area of 158th Street and Carrs Avenue and returning to the victimâs apartment at 1 a.m. on November 3 to find his family members cleaning up the apartment. When Cece confronted defendant with the allegation that money from the victimâs public aid check which she usually secreted in her bra was missing, defendant stated that he did not need money because he had just cashed an unemployment check at the currency exchange.
On the afternoon of November 5, 1995, at defendantâs request, Cece had a third conversation with defendant after informing him of his Miranda rights. Defendant stated that at 9 or 10 a.m. on November 2, he went to the victimâs apartment and discovered that a television was missing and that the victim was on the floor in the bedroom in a puddle of blood. Cece confronted defendant with the fact that the police had found blood in the bathroom, a bloody dollar bill, and a knife blade and that defendant had a cut on his hand. Defendant stated that he touched the victim and tried to roll her over, then panicked and immediately washed the blood off his hands in the bathroom sink. He then left the apartment, leaving the door unlocked, went for a walk, then returned to Douglasâ apartment for a short time around 11 a.m. He went back to the victimâs apartment and again saw her lying on the floor. Not knowing what to do, defendant stayed at the victimâs apartment for 20 or 30 minutes, went back to the Village, and then to Douglasâ apartment. Defendant returned to the victimâs apartment at 1 a.m. on November 3 and saw his family members there.
After speaking with Clarence Douglas and Kenneth Jackson, Cece had a fourth conversation with defendant around 9:30 or 10 p.m. on November 5, after advising him of his Miranda rights. Upon confronting defendant with information that he had been seen coming out of the victimâs apartment early on the morning of November 2, defendant stated that he had been at Douglasâ apartment drinking alcohol and smoking crack cocaine from 11 p.m. on November 1 until the early morning of November 2. Sometime after daylight, defendant returned to the victimâs apartment, where he âblacked outâ in the living room. He did not know for how long he blacked out. When defendant woke up, he saw that the victim had been murdered and that there was blood everywhere. Defendant touched the victim then washed the blood from his hands with a washcloth and towel in the bathroom. Defendant then changed from blue jeans and a black T-shirt to white pants and a white T-shirt and left the victimâs apartment, leaving the door unlocked, and going to Clarenceâs apartment. Later he returned to the victimâs apartment, and after staring at the victim without knowing what to do, he took the victimâs keys and left the apartment, locking the door behind him. Defendant returned to Douglasâ apartment, went with Joan to cash his $99 unemployment check and then to Carrs Avenue to âparty.â Defendant stated that he might have touched the bloodstained dollar bill recovered from the bathroom.
After Ceceâs final conversation with defendant ended, Rizzi requested that first degree murder charges be filed against defendant. But, following Ceceâs consultation with his supervisor, no approval was given. Cece then advised Rizzi to continue the investigation by locating individuals to confirm defendantâs whereabouts and by conducting forensic tests on the blood evidence.' Defendant was released on the night of November 5, 1995. After defendantâs release, Rizzi remained on the case for another month before going on medical leave for one year. In December 1995, forensic biology expert Jeanna Dufresne Walock of the Illinois State Police Forensic Science Center tested several items recovered from the scene, including the knife blade, the dollar bill and the swabs from the toilet and bathtub, and found that each tested positive for the presence of human blood. Walock sent a report to Rizzi informing him that she wanted a sample from a suspect to compare to her findings and that no further testing would be done without one, but she never received a response.
When Rizzi returned from medical leave, he was assigned to the patrol division at his request and was never reassigned to the Doris Jackson murder investigation. Several years later, in 2001, Detective J.D. Thomas asked Rizzi to help locate the evidence he had inventoried when the case was first investigated in 1995. Rizzi found the case file in the bottom of a closet in the detective division. When Rizzi looked in the file, he noticed that some of the reports and the notes he had made were not there and that only one of the six pictures that he had taken of defendantâs hands was still in the file. That photograph showed the top of defendantâs right hand. He could not locate the keys or any of the clothes recovered from the victim or her apartment.
In May 2001, forensic DNA expert Lyle Boicken of the Illinois State Police Crime Lab received a request from an assistant Stateâs Attorney to conduct DNA analysis on the evidence collected in investigating the victimâs homicide. Beginning on August 7, 2001, Boicken compared the DNA profiles he had developed from the two stains on the knife blade, a stain from the dollar bill, the fingernail clippings from both of the victimâs hands, and five sections of the bed sheet to the DNA profile he had developed from the victimâs blood standard, and determined that they were consistent. However, the DNA profiles developed from the stain on the bathtub and the toilet bowl were not consistent with the victimâs DNA profile and the gender of these profiles was male. When those two profiles were uploaded into a computer database, Boicken obtained a match which gave him a reference number he relayed in a call to the database or âcodusâ administrator in Springfield. That administrator looked up the reference number of the âhitâ or match, and it was determined to be defendant.
Also in August 2001, defendant called Cassandra in Orlando, Florida, and told her that he thought the police had reopened her motherâs case. Defendant asked Cassandra if she would testify for him if he needed her to, and told her that he would pay for her plane ticket, but did not ask Cassandra to lie or tell her what testimony to give. Defendant told Cassandra that âjust when he was doing fine, his past come [sic] back to haunt him.â On August 30, 2001, Cassandra notified the Harvey police department about defendantâs phone call, and after determining the address from which defendantâs call was placed, he was arrested later that day. In November 2001, a swab was taken from defendantâs mouth cavity and Boicken later confirmed that the DNA profile from this buccal swab was consistent with the DNA profile of the blood found on the toilet bowl and bathtub in the victimâs apartment.
In the trial court, defendant challenged the admissibility of his statements made after his 1995 arrest, arguing that he was arrested without probable cause. The court found that, given the totality of the circumstances, Rizzi had probable cause to arrest defendant and his statements made thereafter were, therefore, admissible. Defendant also filed a motion in limine to preclude any evidence of his 1998 conviction for criminal sexual assault, which had required him to submit a DNA sample to be placed in a database. At the hearing on the motion, the State argued to the trial court, inter alia, that it would be presenting testimony from DNA expert Boicken limited to the following facts: Boicken tested the material from the crime scene, did not have defendantâs sample at the time, placed the sample into a DNA database and received a âhit.â Defense counsel argued, inter alia, that reference to the âNicodas [sic] Bankâ opened the door for the jurors to speculate as to why defendantâs DNA was âon record.â At the hearingâs conclusion, the trial court ruled: âRegarding the DNA sample issue, I will allow the State to present the evidence in the matter that it came from a database, but nothing further. No explanation of how the database occurred, et cetera. I think itâs probably the least offensive way to deal with this issue ***.â
The case proceeded to a jury trial, after which defendant was found guilty of first degree murder. The jury additionally found that the murder resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty and had been committed during the course of an armed robbery. The court sentenced defendant to natural life in prison. Defendant appealed and, as noted, the appellate court reversed his conviction and remanded for a new trial. We granted the Stateâs petition for leave to appeal (210 Ill. 2d R. 315(a)), and defendant requested cross-relief (210 Ill. 2d R. 315(h)).
ANALYSIS
The State argues before this court that the appellate court erred in holding that defendant was denied a fair trial where evidence implying that defendant had previously been convicted of a crime prejudiced the jury against him. Specifically, the appellate court found reversible error in testimony by DNA expert Boicken as to the procedures he used in conducting forensic testing of blood sample evidence recovered from the victimâs apartment. 372 Ill. App. 3d at 123-24. Of relevance is the following colloquy between the prosecutor and Boicken:
âQ. Did you develop a DNA profile from that stain from the toilet bowl?
A.Yes, I did.
Q. Was that profile consistent with the DNA profile of Doris Jackson?
A. No, it was not.
Q. Were you able to determine the gender of the profile from the stains that did not match Doris Jackson, those being from the toilet and the tub?
A. Yes.
Q. And was that a male or female profile?
A. Male.
Q. And what did you do with that profile from the tub and the toilet?
A. The profiles were uploaded into what is called a data base.
Q. And did you get any results from putting that profile into a data base?
A. Yes. I ended up obtaining a match.
Q. And did that match give you the name of any particular person?
A. It gave me a reference number from which I would need to call down to Springfield and give to the codus [sic] administrator, the data base administrator, and they would look up the reference number to who it hit to.
Q. What was the name of that person?
A. Lewis Jackson.
Q. And again, I donât think I asked this question, but did the stain from the tub and the stain from the toilet bowl, were those the same DNA profile?
A. Yes.
Q. After you got the results from the computer data base, what did you do? Did you telephone anyone?
A. I telephoned codus [sic] data base administrator in Springfield.
Q. When you got the match did you contact the Stateâs Attorneyâs Office?
A. Yes, I did.
Q. Did you request anything?
A. I requested an additional standard from Lewis Jackson.
Q. An additional standard like a buccal swab?
A. Correct.â
The appellate court further held that evidence that defendantâs DNA profile, contained in the database, matched the blood found on the toilet and bathtub was cumulative, given Boickenâs testimony that a buccal swab obtained directly from defendant showed that the blood found on the toilet and bathtub matched defendantâs profile. 327 Ill. App. 3d at 123-24. The appellate court noted that, had Boicken simply testified that the DNA profile of blood found on the toilet and bathtub matched defendantâs DNA profile, âwithout mentioning the fact that defendantâs DNA profile was stored in a database administered out of Springfield, we would not find his testimony prejudicial.â 327 Ill. App. 3d at 124. Further, the appellate court observed:
â[T]he collection and storage of DNA as a means of identifying individuals is a relatively new process and is not widespread. In the future, as DNA is used for identification of individuals in more and more areas, and as the public becomes generally aware of those uses, a different rule might obtain.â 327 Ill. App. 3d at 124.
The State contends that, given the almost six-year time lapse between the crime and the discovery that defendantâs DNA had been recovered from the crime scene, and the expanding use of a DNA database as a means to identify an offender, the trial court properly exercised its discretion in denying defendantâs motion in limine. Allowing Boickenâs limited testimony was necessary to explain how defendant came to be identified as the source of the DNA recovered at the crime scene. We agree.
âGenerally speaking, evidentiary motions, such as motions in limine, are directed to the trial courtâs discretion. A trial courtâs ruling on such motions will not be disturbed on review absent an abuse of that discretion. [Citation.] The threshold for finding an abuse of discretion is high. A trial court will not be found to have abused its discretion with respect to an evidentiary ruling unless it can be said that no reasonable man would take the view adopted by the court. [Citation.] Moreover, even where an abuse of discretion has occurred, it will not warrant reversal of the judgment unless the record indicates the existence of substantial prejudice affecting the outcome of the trial. [Citation.]â In re Leona W., 228 Ill. 2d 439, 460 (2008).
Here, defendant presented a pretrial motion in limine to bar any evidence relating to his prior conviction for criminal sexual assault. During argument on the motion, the prosecutor informed the trial court that the State had no intention of introducing any evidence that defendant was a convicted sex offender or that he was required to have his DNA entered into a database because he had a prior conviction. Defendant argued that the State should only be allowed to introduce evidence of the buccal sample taken from defendant after he was arrested, because reference to the âNicodas [sic] Bankâ opened the door for the jurors to speculate as to why defendantâs DNA was âon record.â The prosecutor responded that the time line of how the investigation into Doris Jacksonâs murder occurred had to be explained to the jury because of the five-year lapse between the initial forensic testing of the blood samples from her apartment in December 1995 and defendantâs arrest in August 2001. The State further argued that it needed to explain to the jury how defendantâs DNA came to match the samples from the victimâs apartment.
In ruling on the motion, the trial court stated:
âRegarding the DNA sample issue, I will allow the State to present the evidence in the matter that it came from a data base, but nothing further. No explanation of how the data base occurred, et cetera. I think itâs probably the least offensive way to deal with this issue without stepping on a landmine. If we try to camouflage it regarding voluntariness or things of that nature, weâre only seeking trouble. Simply a DNA data bank is the least offensive manner, simply like fingerprints, non-convicted people can be part of the data base, itâs up to the jurors to make any determinations that they want to but, again, it leaves area on both sides for innocent matters to be presented to a data base versus matters by court order as a result of a conviction.â
The defense made no further request that the jury be given any kind of limiting instruction regarding Boickenâs testimony, and no mention was made at trial of defendantâs prior conviction.
The decision whether to admit evidence cannot be made in isolation and the trial court must consider a number of circumstances that bear on the issue, including questions of reliability and prejudice. People v. Caffey, 205 Ill. 2d 52, 89 (2001). In this case, our examination of the considerations relevant to the trial courtâs decision to allow limited reference to the DNA database evidence reveals no abuse of the trial courtâs discretion. First, this court has held that â[t]he consequential steps in the investigation of a crime are relevant when necessary and important to a full explanation of the Stateâs case to the trier of fact.â People v. Johnson, 114 Ill. 2d 170, 194 (1986); People v. Hayes, 139 Ill. 2d 89, 130 (1990). Here, the evidence showed that the victimâs murder went unsolved for almost six years, until an assistant Stateâs Attorney asked Boicken to test the unidentified blood samples recovered from the victimâs bathroom. After Boicken discovered that the DNA profiles of blood found on the toilet bowl and bathtub matched defendantâs DNA, he was arrested and police obtained a buccal swab from him which confirmed the match. Thus, without Boickenâs brief testimony as to how defendant was first identified, so that the buccal swab could be obtained, the jury would have been left with a large time gap and no explanation as to how authorities were able to identify defendant and charge him with the murder six years after it occurred. These circumstances, therefore, weigh in favor of allowing the testimony at issue into evidence.
Indeed, analogous case law relating to the admission of evidence explaining the course of an investigation supports the trial courtâs exercise of its discretion in this case. In Hayes, 139 Ill. 2d at 145, the defendant argued that he was denied a fair trial by the admission of evidence suggesting that he had engaged in prior criminal conduct where a detective testified that a witness identified the defendant from a photo book at the âViolent Crimesâ police station. This court held that, at most, the testimony may have raised the inference in the jurorsâ minds that the defendant had a criminal history, but because there was no direct evidence of prior criminal conduct with police, the evidence was not unduly prejudicial. Hayes, 139 Ill. 2d at 146.
Later, in People v. Lewis, 165 Ill. 2d 305, 345 (1995), the defendant argued that the jury could infer prejudicial prior criminal activity from testimony that his fingerprints were submitted to the FBI in order to locate any records of the defendant in other jurisdictions. At trial, a Chicago police officer testified that he was informed by the FBI that the defendantâs fingerprints matched those of a person in custody in California named Louis James Kirk. The officer testified that the California authorities sent him a photograph of Kirk, which the officer determined was a photograph of the defendant, and the defendant was then extradited to Chicago. The trial court in Lewis, 165 Ill. 2d at 345, allowed this testimony to demonstrate steps taken in the police investigation despite the defendantâs objection that the jury could infer prejudicial prior criminal activity from this evidence.
On review in Lewis, this court held:
â[E]vidence which suggests or implies that the defendant has engaged in prior criminal activity should not be admitted unless somehow relevant. The fact that such evidence comes to the jury by way of inference does not alter its potentially prejudicial character. [Citation.] Though incidental and nonspecific in nature, the jury could have inferred from the evidence presented here that defendant had been engaged in prior criminal activity. [Citations.]â Lewis, 165 Ill. 2d at 345-46.
However, in light of this courtâs previous holdings that the steps in the investigation of a crime are relevant when necessary and important to a full explanation of the Stateâs case, and because the evidence was admitted for the purpose of explaining the period between an eyewitnessâ identification of the assailant and his apprehension, the âother-crimes evidenceâ was properly presented for a purpose other than to show the defendantâs propensity to commit crime. Lewis, 165 Ill. 2d at 346.
Additionally, âevidence of other crimes is not admissible merely to show how the investigation unfolded unless such evidence is also relevant to specifically connect the defendant with the crimes for which he is being tried.â (Emphasis in original.) Lewis, 165 Ill. 2d at 346. Applying these considerations to the circumstances present in Lewis, this court held that because the jury heard neither direct evidence nor argument at trial about the defendantâs previous murder conviction, and because the disclosure was limited to the fact that the defendant was in custody in a facility in California and was extradited to Illinois, the evidence as presented had no tendency to âoverpersuade the juryâ on the issue of the defendantâs guilt. Lewis, 165 Ill. 2d at 347. Accordingly, the defendantâs claim that he was unduly prejudiced by this evidence was rejected. Lewis, 165 Ill. 2d at 347.
Just as in Lewis, the âother crimesâ testimony at issue here was relevant to specifically connect defendant to the victimâs murder. The appellate court found Boickenâs testimony regarding the database was cumulative to his testimony that the buccal swab sample matched the samples recovered from the crime scene. 327 Ill. App. 3d at 123. However, had the jury only heard Boicken testify that after finding an unidentified DNA profile on August 7, 2001, from the blood recovered in the victimâs bathroom on November 2, 1995, he obtained a buccal swab from defendant on November 9, 2001, there would have been confusion and speculation regarding not only what occurred during those respective time lapses, but how the unidentified profile led to defendant. Therefore, the testimony at issue was necessary to demonstrate how defendant came to be identified, arrested and ultimately charged with the victimâs murder. By limiting the testimony to the sole fact that an unidentified DNA sample matched defendantâs sample from a database, the trial court permitted the necessary explanation of investigative facts to the jury, while precluding any reference to defendantâs criminal history. We do not find this ruling to be an abuse of discretion.
Further, as the trial court held, Boickenâs testimony regarding the process of identifying defendantâs DNA from a database is comparable to the situation where a defendantâs fingerprints are similarly identified at trial. In People v. Jackson, 304 Ill. App. 3d 883, 894 (1999), the defendant claimed that the trial court erred in admitting testimony of an evidence technician who indicated that the defendantâs fingerprints were on file with a computer database. The defendant, as here, argued that such testimony improperly implied his involvement in other crimes.
The appellate court in Jackson, citing People v. Hopkins, 229 Ill. App. 3d 665 (1992), found that a law enforcement officerâs isolated and ambiguous statement that he obtained a defendantâs fingerprints from a state agencyâs database does not by itself indicate that the defendant has a criminal background. Jackson, 304 Ill. App. 3d at 894. The panel noted that the evidence technician testified that he obtained the defendantâs fingerprints from the Automated Fingerprint Identification System (AFIS), a computer database that uses the stateâs crime lab. He further stated that the AFIS database contains fingerprints of every individual arrested, police officers, and government employees. The technician made no other reference to the source of defendantâs fingerprints and the State never mentioned that the defendant had prior arrests or convictions. The trial court found that because of the ambiguity of the technicianâs testimony, the jury could believe that defendant was a former government employee. Thus, the appellate court held that to infer from this reference to the computer database source of defendantâs fingerprints that defendant had a criminal history was âpure speculation,â which did not constitute error. Jackson, 304 Ill. App. 3d at 895.
Similarly in Hopkins, 229 Ill. App. 3d at 674-76, the appellate court found no error in the Stateâs presentation of testimony by a Bloomington police officer that he had compared defendantâs fingerprints with fingerprints âfrom St. Louis County.â In addition to noting that the reference was ambiguous, in that it did not indicate that the defendant had a prior criminal record, the Hopkins court found it significant that âthe testimony in the present case did not even cite a police agency as the source of defendantâs fingerprints.â Hopkins, 229 Ill. App. 3d at 675, 676. The court further stated:
âTrial courts routinely instruct juries, as happened here, that they âshould consider all the evidence in the light of your own observations and experience in life.â (Illinois Pattern Jury Instructions, Criminal, No. 1.01 (2d ed. 1981).) Surely one of the âcommon experiencesâ in life that many jurors have had or know about is that governmental agencies frequently fingerprint persons seeking or obtaining government employment. Accordingly, *** we find defendantâs claim that this jury must have concluded that he had a prior criminal record because his fingerprints were on file with âSt. Louis Countyâ to be highly speculative and groundless.â Hopkins, 229 Ill. App. 3d at 676.
In the present case, we agree with the State that any inference of past criminal wrongdoing from Boickenâs testimony was similarly speculative. We note that just as the APIS database also contains fingerprints of government employees and police officers, the Combined DNA Index System (CODIS) database contains several different indexes, not all of which are criminally based. The CODIS database includes the Forensic Index, containing DNA profiles from crime scene evidence; the Offender Index, containing DNA profiles of individuals convicted of felonies; the Missing Person Index, containing DNA records from individuals that have been reported missing; the Relatives of Missing Person Index, consisting of DNA records from the biological relatives of individuals reported missing; and the Unidentified Human (Remains) Index, containing DNA records from recovered living persons, e.g., children and others who cannot or will not identify themselves, and recovered dead persons whose identities are not known. DNA & CODIS, Division of Forensic Services, Illinois State Police; J. Ashley, Forensic DNA Evidence: 21st Century Criminal Justice Tool, Illinois Criminal Justice Information Authority, vol. 5, no. 2 (October 2006). Thus, we find that the appellate court herein erred in distinguishing fingerprint databases from DNA databases âbased on the assumption that jurors are generally aware that fingerprints are taken and kept in databases for a variety of reasons unrelated to criminal activity.â 372 Ill. App. 3d at 123.
Further, we are unwilling to assume, as defendant does, that the jury had any preconceived notions of the types of persons from whom DNA had been collected and stored for Boicken to reference through the âcodus [sic] *** [or] data base administratorâ in Springfield. In addition to the indexes listed above, the jurors, in the light of their own observations and experiences in life, could also infer that defendantâs DNA profile might be contained in a state database for medical reasons, such as transplant recipients, blood donors or for genetic-testing purposes. Thus, contrary to defendantâs contention, the conclusion that the use of the term CODIS in popular crime dramas to refer to the means of identifying suspects from a DNA database, without other information, argument or evidence that the singular source of the DNA was convicted criminals, is completely unwarranted.
We note that courts from other jurisdictions have recognized and approved the use of testimony that a DNA database was used to identify an unknown suspect. In People v. Meekins, 34 A.D.3d 843, 828 N.Y.S.2d 83 (2006), affâd on other grounds sub nom. People v. Rawlins, 10 N.Y.3d 136, 884 N.E.2d 1019 (2008), a New York appellate court addressed the defendantâs claim that he was unduly prejudiced by the admission of evidence and comments by the prosecutor that his DNA profile was maintained in a computer database. The court held that because of the four-year gap between the offense and the defendantâs apprehension, the prosecutionâs presentation of evidence of the database was reasonably necessary to explain why the defendant was arrested. Meekins, 34 A.D.3d at 846, 828 N.Y.S.2d at 86. In opening statements, the prosecutor was not permitted, when referring to the database, to use the term âknown individualsâ and the jury was instructed not to speculate how or why defendantâs DNA profile came to be part of the database. Meekins, 34 A.D.3d at 846, 828 N.Y.S.2d at 86. See also State v. Hunter, 169 Ohio App. 3d 65, 70, 861 N.E.2d 898, 901-02 (2006) (appellate court found waived, and âinoffensiveâ statement by the prosecutor that the match to the defendantâs DNA came as a result of putting into CODIS, âDNA samples for people who are in other proceedings,â and testimony from DNA expert who described the CODIS system as âa repository for storing DNA profiles from various crimes and from some known individualsâ).
Here, in light of this relatively new and emerging area of the law, where no specific Illinois cases yet existed, we find that the trial court appropriately used its discretion in allowing the brief DNA database testimony. There was no evidence or argument as to whose DNA profiles were contained in the database or how the samples came to be stored therein. Nor was there any suggestion that the database contained only samples from convicted felons, and the jury heard absolutely no evidence or argument concerning defendantâs criminal history. As in Hopkins, the testimony in the present case was ambiguous and did not even cite a police agency as the source of defendantâs DNA.
Further, defendant herein never requested any type of limiting instruction, as was given in Meekins, or asked that the jury be informed of other sources of forensic evidence, as in Meekins and Jackson. While use of either of these precautions would have negated the inference that the database referred to by Boicken held only DNA from convicted criminals, it appears that defense counsel made a strategic decision to let the testimony stand on its own. Thus, any claim by defendant that the trial courtâs ruling on his motion in limine was insufficient to prevent prejudice rings rather hollow. Here, where Boickenâs testimony was necessary to explain the Stateâs case to the jury, relevant to specifically connect defendant with his auntâs murder, and limited to the fact that defendantâs DNA profile matched DNA contained in the CODIS database, the evidence as presented had no tendency to âoverpersuade the juryâ on the issue of the defendantâs guilt. Lewis, 165 Ill. 2d at 347. Therefore, we hold that, where no prejudicial âother crimesâ evidence was presented, the appellate court erred in reversing defendantâs conviction and remanding for a new trial.
We now address defendantâs contentions on cross-appeal. First, we examine defendantâs claim that the trial court erred in denying his motion to quash arrest and suppress statements where the totality of the circumstances known to Detective Rizzi at the time of defendantâs initial arrest in 1995 show there was no probable cause to arrest. Additionally, defendant claims that the appellate courtâs determination that probable cause existed was based, in part, on facts not known to Rizzi at the time of the arrest. While we accord great deference to the trial courtâs factual findings, and will reverse those findings only if they are against the manifest weight of the evidence, we review de novo the courtâs ultimate ruling on a motion to suppress involving probable cause. People v. Sorenson, 196 Ill. 2d 425, 431 (2001), citing Ornelas v. United States, 517 U.S. 690, 699, 134 L. Ed. 2d 911, 920, 116 S. Ct. 1657, 1663 (1996).
An arrest executed without a warrant is valid only if supported by probable cause. People v. Montgomery, 112 Ill. 2d 517, 525 (1986). âProbable cause to arrest exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the arrestee has committed a crime.â People v. Wear, 229 Ill. 2d 545, 563-64 (2008), citing People v. Love, 199 Ill. 2d 269, 279 (2002). In other words, the existence of probable cause depends upon the totality of the circumstances at the time of the arrest. Wear, 229 Ill. 2d at 564, citing Love, 199 Ill. 2d at 279. As this court stated in Love, â âIn dealing with probable cause, *** we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.â â Love, 199 Ill. 2d at 279, quoting Brinegar v. United States, 338 U.S. 160, 175, 93 L. Ed. 1879, 1890, 69 S. Ct. 1302, 1310 (1949); accord People v. Wright, 111 Ill. 2d 128, 146 (1985) (probable cause is a practical concept). Thus, whether probable cause exists is governed by commonsense considerations, and the calculation concerns the probability of criminal activity, rather than proof beyond a reasonable doubt. Montgomery, 112 Ill. 2d at 525. âIndeed, probable cause does not even demand a showing that the belief that the suspect has committed a crime be more likely true than false.â Wear, 229 Ill. 2d at 564, citing People v. Jones, 215 Ill. 2d 261, 277 (2005).
In this case, the record from the hearing on defendantâs motion to quash shows that the following facts and circumstances were known to Detective Rizzi after his initial interview with defendant during his voluntary appearance at the police station at 1 a.m. on November 3, 1995. On November 2, 1995, around 7 p.m., Rizzi went to the crime scene, viewed the victimâs body with its numerous stab wounds and was told that a bloody knife blade was found on the bed in that room, underneath a pillow. Rizzi further noted that the building had a secured front entrance and that there was no forced entry into the victimâs apartment. There were blood droplets and smears in the victimâs bathroom, and a bloody dollar bill was found lying on the bathroom floor. Upon speaking with Cassandra, the victimâs daughter, Rizzi learned that defendant, her cousin and the victimâs nephew, had been staying with the victim. Rizzi learned that Cassandra had unsuccessfully tried to contact the victim several times that day. Cassandra did not have a key to the victimâs apartment, which only the victim and her ex-husband, Cassandraâs father Lewis, possessed. Rizzi also learned that Cassandra had discovered the victimâs body sometime after 6 p.m., after getting the maintenance man to let her into the building and the victimâs apartment. As the scene was being processed, Rizzi learned that two television sets were missing, no money was found on the victim, and no keys to the victimâs apartment could be located.
Rizzi learned from a resident of the building, Kenneth Johnson, that he had seen the victim near the buildingâs recreation room around 7 a.m. that morning, and that he had seen defendant outside the victimâs apartment door around 3 p.m. Another resident, Gwen Alexander, told Rizzi that she did not see the victim that morning, as was their norm, but that she did see defendant in the elevator that morning. When Rizzi later spoke with Cassandra at the police station, she told him that defendant was staying with the victim because he had been kicked out of his own familyâs home. She also stated that defendant was a crack user and that he and the victim would sometimes argue about money. Both Cassandra and Lewis told Rizzi that when the victim had money, she would keep it tucked into her bra strap. Lewis told Rizzi that he last saw the victim alive on November 1, when he took her to cash her public aid check and to pay bills. Lewis was still in possession of his set of keys to the victimâs building and apartment.
Rizzi was notified sometime after 1 a.m. that defendant had arrived at the police station and was asking to see him. Rizzi walked to the lobby and asked defendant to come back to the detective division. Defendant was not handcuffed and accompanied Rizzi into an interview room where he was advised of his Miranda rights and signed a waiver form. At this time, Rizzi noticed that defendant had cuts on both hands, with most of the cuts to the palm area of defendantâs right hand. Rizzi then received a telephone call from the desk clerk in the lobby of the station, telling him that Cassandra had called to say defendant had hidden something in the garbage can near the menâs bathroom. Rizzi then found a set of keys inside the garbage can in that bathroom. After making that discovery, Rizzi returned to the interview room and was told by defendant that he had last seen the victim on November 1 around 10 p.m. Defendant stated that he had gone out and returned on November 2, in the late morning or early afternoon and was unable to get into the apartment. Defendant admitted that he knew the victim kept her money in her bra strap. At that time, based on his knowledge of the crime scene, the fact that defendant lived with the victim, information about defendantâs drug use and arguments with the victim over money, the missing keys, the cuts on defendantâs hands, and the recovered keys in the police station bathroom, Rizzi informed defendant that he would be held in custody and defendant was then taken to the lockup.
Defendant testified at the motion hearing that he voluntarily came to the police station to talk about his auntâs murder, and admitted that he used the bathroom in the station before Rizzi came out to get him. He agreed that he was placed in an interview room where he was advised of his rights and signed a waiver form. Defendant testified that he could not recall if he had any cuts on his hands at that time, and that Rizzi never confronted him about the cuts or photographed his hands until the following day. Rather, defendant spoke with Rizzi for about 15 minutes, after which defendant stood up to leave. Defendant testified that when he asked Rizzi if he was free to leave, Rizzi told him to wait because they were going to have to keep him overnight to check out his story. Defendant stated he was then handcuffed and taken to the basement lockup. Defendant testified that he told Rizzi he was not in the victimâs apartment on the day of the murder and could not recall telling Rizzi about the last time he had seen his aunt.
At the conclusion of the hearing, the trial court made the following findings of fact: (1) the victim was repeatedly stabbed and her hands were cut, indicating a struggle; (2) a knife was used to stab the victim and a broken blade was found in her bed; (3) there was blood in several places in the apartment, and in the bathroom it appeared someone had tried to clean things up; (4) two television sets were missing; (5) the victim had obtained money a day earlier; (6) no money was found on the victim, who usually kept her cash in her bra strap; (7) the victim had been seen alive in her building on November 2, and defendant was also seen in the building, a secure facility, on the same day; (8) defendant was living with the victim because his family asked him to leave their residence; (9) the victimâs daughter had to be let into her motherâs apartment because she did not have keys and no keys were found in the victimâs apartment;. (10) when defendant arrived at the police station and was signing a waiver of rights form, he had cuts on his hands and palms; and (11) keys were found in the garbage can at the Harvey police station. Given these findings, the trial court concluded that the totality of the circumstances established probable cause for defendantâs arrest.
Defendant argues that the totality of the circumstances known to Rizzi at the time of defendantâs arrest required further investigation and verification before it could rise to the level of probable cause. However, in People v. Montgomery, 112 Ill. 2d 517, 525 (1986), the trial courtâs finding of probable cause was upheld where, at the time of the defendantâs detention, the officers, knew that there was no forced entry to the victimsâ apartments and thus it was likely the victims knew their attacker, the defendant lived on their property, and the scrapes on the defendantâs hands and blood spatters on his clothes were consistent with signs of struggle in the victimsâ apartments. Similarly here, Detective Rizzi knew, inter alia, at the time he placed defendant into custody, that there was no forced entry into the victimâs apartment, that defendant, a crack addict, was living with the victim and the two were seen in the building that day, that the two had argued about money in the past and that the victim had cashed her public aid check the previous day, and that the broken knife and cuts on the palms of defendantâs hands were consistent with the signs of struggle manifested by the wounds on the victimâs hands and arms. Based on the above, we conclude that there was probable cause to arrest defendant, as a reasonably cautious person would have thought that defendant had committed a crime. See Wear, 229 Ill. 2d at 563, 565.
Defendant further contends that the fact that he was subsequently released from custody demonstrates that probable cause was lacking. We agree with the State, however, that it is more likely that charges were initially rejected because the forensic evidence was insufficient at the time to establish that defendantâs guilt could be proven beyond a reasonable doubt. Regardless, the fact that defendant was released from custody alters neither the finding of probable cause for the arrest nor the lawfulness of that arrest. See People v. Hadley, 179 Ill. App. 3d 152, 155 (1989). Additionally, because probable cause existed for his arrest, the statements defendant made while in custody were admissible against him. Because the facts and circumstances known to police following defendantâs voluntary appearance and interview at the police station established probable cause, the appellate court properly affirmed the denial of defendantâs motion to quash arrest and suppress evidence. Finally, defendant claims that the appellate court considered facts not known to Rizzi at the time of defendantâs arrest in affirming the trial court. However, we need not determine whether any erroneous information was considered by the appellate court, as we may affirm a lower courtâs holding for any reason warranted by the record, regardless of the reasons relied on by the lower court. See People v. Caballero, 179 Ill. 2d 205, 211 (1997); People v. Sims, 167 Ill. 2d 483, 500-01 (1995); People v. Everette, 141 Ill. 2d 147, 158-59 (1990).
Next, defendant argues that the evidence presented at trial was insufficient to prove him guilty of first degree murder beyond a reasonable doubt, where the only new evidence obtained by the State, six years after it had initially refused to bring charges against defendant, was two âdropsâ of defendantâs blood found in the apartment where he was living. We disagree.
When a court reviews the sufficiency of the evidence, the relevant question is âwhether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.â (Emphasis in original.) Jackson v. Virginia, 443 U.S. 307, 318-19, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789 (1979); People v. Phillips, 215 Ill. 2d 554, 569-70 (2005), citing People v. Collins, 106 Ill. 2d 237, 261 (1985). This standard of review does not allow the reviewing court to substitute its judgment for that of the fact finder on questions involving the weight of the evidence or the credibility of the witnesses. People v. Sutherland, 155 Ill. 2d 1, 17 (1992), quoting People v. Campbell, 146 Illl. 2d 363, 375 (1992). Further, reviewing courts apply this standard regardless of whether the evidence is direct or circumstantial (Campbell, 146 Ill. 2d at 374-75), and circumstantial evidence meeting this standard is sufficient to sustain a criminal conviction (People v. Hall, 194 Ill. 2d 305, 330 (2000)). Thus, the standard of review gives âfull play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts.â Jackson v. Virginia, 443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789; People v. Nitz, 143 Ill. 2d 82, 95 (1991); People v. Young, 128 Ill. 2d 1, 51 (1989).
âThe trier of fact need not, however, be satisfied beyond a reasonable doubt as to each link in the chain of circumstances. It is sufficient if all of the evidence taken together satisfies the trier of fact beyond a reasonable doubt of the defendantâs guilt.â Hall, 194 Ill. 2d at 330. Further, in weighing evidence, the trier of fact is not required to disregard inferences which flow normally from the evidence before it, nor need it search out all possible explanations consistent with innocence and raise them to a level of reasonable doubt. People v. Wheeler, 226 Ill. 2d 92, 117 (2007), quoting Hall, 194 Ill. 2d at 332. A reviewing court will not reverse a conviction unless the evidence is âunreasonable, improbable, or so unsatisfactory as to justify a reasonable doubt of the defendantâs guilt.â Campbell, 146 Ill. 2d at 375.
With these considerations in mind, we review the evidence, both direct and circumstantial, which was presented at trial in the light most favorable to the State. Defendant had been living with the victim for several weeks on November 2, 1995, and had access to her apartment, where the murder occurred. The physical evidence showed no forced entry and no signs of a struggle in the front room. Two television sets were missing from the apartment. The victim was seen around 7:30 a.m on November 2 near the recreation room, where she usually had coffee, but did not meet her friend Gwen Alexander later that morning, as was their habit. Defendant was seen that morning letting himself into the building and opening the mailbox between 9 and 10 a.m. Only two building keys, two apartment keys and one mailbox key were issued to each tenant of the victimâs building. The victimâs ex-husband, Lewis, had one set of keys. The day before, Lewis had taken the victim to cash her public aid check and pay bills, which generally left her with approximately $100 in cash that she usually kept in her bra. Defendant was a crack cocaine addict and was known to have argued with the victim about money in the past. That afternoon, at 3 p.m., the victimâs daughter Cassandra was unable to reach the victim at her apartment. At about 3:30, defendant was seen walking away from the victimâs apartment. Shortly thereafter, he was seen outside the building asking for a ride and reentering the building, using a key. At 6 oâclock that evening, the victim was found stabbed to death on her bedroom floor. There was no money on the victimâs body and a bloody dollar bill was found in the bathroom. Blood samples and a bloody knife blade were collected from the victimâs bedroom and bathroom. Defendant returned to the apartment at 1 a.m. the next day, using a key to enter. When informed that his aunt was murdered, his immediate response was that he âdidnât do it.â He then voluntarily went to the police station, where he first proceeded to throw a set of keys into a trash can in the lobby bathroom. The keys were recovered and, when later confronted with the keys, defendant denied that they belonged to him. Those keys were subsequently identified by the buildingâs maintenance man as belonging to the victim.
At the police station, defendant gave numerous versions of his whereabouts on November 1 and 2, 1995, but did not admit to killing the victim, although in his last interview with Assistant Stateâs Attorney Cece on November 5, defendant admitted to being at the victimâs apartment on the morning of November 2, blacking out and awakening only to find the victimâs dead body. He further admitted touching the victimâs body and trying to roll her over and then washing off the blood in the bathroom sink. He also admitted changing his clothes, which was supported by the bloody clothing found in the bathroom hamper by the victimâs family shortly after the murder. After finding his aunt, defendant did not call for help, but rather went out and âpartiedâ with his friends most of the day and night. Additionally, defendant told his cousin Cassandra around the time of the victimâs funeral that he had destroyed an envelope with a bloody palm print on it that Cassandra had found in the victimâs bedroom.
Testimony from the medical examiner established that the victim was repeatedly stabbed sometime on the morning of November 2, based on the fact that her bladder was empty, indicating that she did not live very long after urinating. In addition, the only thing inside the victimâs stomach was a small amount of brown liquid, which could have been coffee. At the station on November 3 and 4, Detective Rizzi and Cece noticed cuts on defendantâs hands, specifically the right palm, and Rizzi took photographs of them. Several years later, the DNA from two swabs of blood found in the victimâs bathroom on the night of her murder were tested and found to match defendantâs DNA profile. In particular, the swab matching defendantâs DNA which was taken from the rim of the toilet bowl could reasonably indicate that it was left after defendant violently stabbed the victim, breaking the knife and cutting his own hand. Upon learning that the investigation of the victimâs murder had been reopened in 2001, defendant called the victimâs daughter and stated that âhis past [had] come back to haunt him.â
Defendant argues that the six-year time lapse between the offense and his re-arrest resulted in lost evidence and police reports which undermined the validity of the juryâs verdict. While it is true that several pieces of evidence were lost in the interim between the crime in 1995 and defendantâs arrest in 200Ă, the record shows that the jury was well aware of that fact and was properly instructed as to how it should consider that evidence; i.e., âIf you find that the State has allowed to be destroyed or lost any evidence whose content or quality are in issue, you may infer that the true fact is against the Stateâs interest.â Thus, contrary to defendantâs contention, there was substantial circumstantial evidence presented to the jury that, particularly when combined with the presence of defendantâs blood found at the crime scene, indicated his guilt. Under the standard of review set forth in Jackson v. Virginia, this court must allow all reasonable inferences from the record in favor of the prosecution. Wheeler, 226 Ill. 2d at 116-17, quoting People v. Cunningham, 212 Ill. 2d 274, 280 (2004). Given this standard, and while we agree with the appellate court that there was not overwhelming evidence of defendantâs guilt presented in this case, we cannot say that, viewing the evidence in the light most favorable to the State, a rational trier of fact could not have found defendant guilty of first degree murder beyond a reasonable doubt. Accordingly, we reject defendantâs contention that his conviction should be reversed.
CONCLUSION
For the reasons stated, we reverse the appellate courtâs grant of a new trial to defendant, affirm the remainder of the appellate courtâs judgment, and remand to that court to consider those issues initially raised by defendant in the appellate court which remain unresolved.
Appellate court judgment reversed in part and affirmed in part;
cause remanded with directions.