In support, he attached to his petition an affidavit from an Illinois attorney, reports from OPS detailing the abuse at Area 2, findings from the Chicago police board regarding Area 2 and his own affidavit in which he asserted that he was beaten, pistol-whipped, shocked and suffocated. His lover, Sheila Daniels, and her brother, Tyrone, were found guilty of his murder. Following a jury trial in 1990 before Judge Michael P. Toomin, defendant Sheila Daniels was convicted of the first degree murder of her paraplegic boyfriend, David McCoy, and was sentenced to an 80-year prison term.1 On appeal, with one justice dissenting, this court ruled, inter alia, that the trial court did not err in denying defendant's motion to suppress statements, but reversed defendant's conviction, finding the admission of polygraph results at her trial improper. Defendant further argues that because she had first-hand knowledge of the accuracy of the records, the trial court should have admitted them into evidence. 592, 610 N.E.2d 16. Under the harmless error analysis, the burden is upon the State to prove that the jury verdict would have been the same absent the error to avoid reversal. In doing so, we relied upon the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. See People v. Lucas, 132 Ill.2d 399, 417-18, 139 Ill.Dec. The fact that defendant did not ask for this to be done indicates that defendant's theory in her first motion to suppress had nothing to do with Tyrone's condition. Before trial, counsel for defendant filed several motions to suppress statements made by defendant after his arrest and to suppress evidence the police recovered in defendant's apartment. Initially, defendant's case is not before us on a federal habeas review, and we therefore find application of the Court's holding in Thompson limited. A person is legally accountable for the conduct of another when either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid the other person in the planning or commission of the offense. She testified that she told him to sign the papers so they could go home but Tyrone refused. At no time in the apartment did the police advise him of his constitutional rights. There is no question that a criminal defendant's prerogative to testify at his own trial is a fundamental right; the question of the exercise of that right is thus not a matter of a strategic or tactical decision best left to trial counsel. She claims the propriety of the police conduct once she arrived at Area 2, which implicates a fifth amendment violation, has never been ruled upon. David Ray McCoy Met His Demise at the Hands of His Then-Girlfriend Da Brat's father met his untimely death aged 52. In this appeal, he contends that he was deprived of his right to effective assistance of counsel because his trial counsel (1) allegedly failed to effectively present his motion to suppress statements; (2) allegedly failed to effectively argue the applicable law regarding accountability; (3) successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels, a codefendant; and (4) allegedly refused to permit him to testify at trial. Defendant also argues that Judge Urso should have held a hearing on her motion to suppress based upon the Supreme Court's decision in Stansbury v. California, 511 U.S. 318, 114 S.Ct. 241, 788 N.E.2d 1117. While searching the apartment, the police told him to get dressed, giving him some of his clothes; they did not, however, provide him any underwear or socks. We do not dispute that the medical records in question are relevant. Issues (1) and (2) will be considered in published portions of this opinion and issues (3) and (4) will be determined in unpublished portions of this opinion. 457, 133 L.Ed.2d 383 (1995), her original motion to suppress would have been granted. See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. Defendant maintains that had his attorney argued that his psychological state of mind was such that he would have done anything Sheila had told him to do, his motion to suppress his statement as involuntary would have been granted. Tyrone did testify in this case at his own motion to suppress, which was completed before defendant's own motion was completed. 592, 610 N.E.2d 16 (1992). The trial court found that the defendant waived the issue of his allegedly coerced confession by failing to raise it on direct appeal. 71, 356 N.E.2d 71 (1976). The court then found such an independent basis existed and defendant was again convicted upon retrial. Throughout the years, Da Brat and Lisa Raye havent spoken much publicly about their fathers murder. David was a successful businessman and owned many hotels and nightclubs. When asked on direct whether the records reflect and relate to the injuries that [defendant had] already testified [she] sustained in the incident with Ray McCoy, defendant responded, Yes.. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. A proper foundation is necessary for the admission of hospital records. Hinton, 302 Ill.App.3d at 622, 236 Ill.Dec. Defendant contends on appeal that he was deprived of effective assistance of trial counsel. Screen Printing and Embroidery for clothing and accessories, as well as Technical Screenprinting, Overlays, and Labels for industrial and commercial applications * * * She said, just tell him the truth. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. Secondly, the two-step analysis the Court set out in Thompson was the law in Illinois at the time Judge Toomin ruled upon defendant's motion to suppress. She was born to a Chicago city bus driver mother Nadine Brewer and businessman father David Ray McCoy. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. Defendant must thus establish "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Da Brat was born on April 14, 1974, as Shawntae Harris in Joliet, Illinois and was raised on the West Side of Chicago, Illinois. 730 ILCS 5/5-5-3.1(a)(4), (a)(8) (West 1996). Anthony was bruised and bloody, apparently as a result of having been beaten. All rights reserved. Copyright 2023, Thomson Reuters. Clearly, defense counsel was aware of the applicable law concerning accountability and presented a defense based on that law, not on any "misapprehension" of it. This court affirmed Justice Toomin's denial of defendant's motion to suppress and therefore addressed defendant's fourth and fifth amendment rights. In Hobley I, the supreme court found that it was not error for the trial court to bar the testimony at trial of three people who claimed they had also been abused by the same officer who abused Hobley. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. His statement to the assistant State's Attorney, transcribed by a court reporter, was simply what the police told him to say. The second trial court denied this petition but did hold an independent basis hearing for the suppressed in-court identification. Click the citation to see the full text of the cited case. Certainly, the failure to file or to present a viable motion to suppress could constitute ineffective assistance of counsel (see People v. Brinson (1980), 80 Ill.App.3d 388, 35 Ill.Dec. Enis, 163 Ill.2d at 387 [206 Ill.Dec. We hold that the OPS reports are only relevant if defendant had asserted in her first motion to suppress before Judge Toomin that she confessed to the police because defendant herself was physically abused or because of the apparent mistreatment of Anthony and Tyrone. George M. Zuganelis, Berwyn, for defendant-appellant. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. . After reciting the testimony at the hearing, we concluded as follows: Defendant's motion to suppress was denied. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. Following a second jury trial before Judge Joseph J. Urso, defendant was again convicted of first degree murder and was sentenced to 80 years' imprisonment. 58, 539 N.E.2d 368 (1989), this court stated: With regard to pretrial motions to suppress evidence, the rule is that once a motion to suppress has been ruled upon by one judge, that motion cannot be relitigated later before another judge, absent a showing of exceptional circumstances or of additional evidence that has become available since the first hearing to suppress. After remand, defendant filed a second motion to suppress statements in which she asserted that she gave her confession because she was influenced by seeing Tyrone after he had suffered injures at the hands of the police. We agreed, reversed the defendant's conviction and ordered a hearing on his motion to suppress. Appellate Court of Illinois, First District, Second Division.https://leagle.com/images/logo.png. After denial of her motion, defendant filed written offers of proof, which stated that, if called to testify at a hearing, Tyrone and Anthony would substantiate the allegations of abuse contained in her second amended motion to suppress. Next, defendant moved McCoy's body to the back seat of the car, took McCoy's gun, and then shot McCoy twice in the forehead with Sheila's gun to "make sure that he was dead." However, the issue is whether a proper foundation was laid for admission of them into evidence. Defendant first contends that Judge Urso erred in denying her a hearing on her motions to suppress filed after this court's decision in Daniels I. 767, 650 N.E.2d 224. Daniels. 98. David's death shocked many of his business associates as he spoke fondly of Daniels, and the two had been together for over ten years. 509, 554 N.E.2d 444. Thus, defendant's contention that his counsel did not provide adequate legal assistance in this regard must fail. Defendant testified at her suppression hearing before Judge Toomin that she had seen Anthony while at the police station and he appeared to have been beaten. See Supreme Court Rule 413(c) (134 Ill.2d R. 413(c)) (requiring that the State be informed of, and permitted to inspect and copy or photograph, any reports or results, or testimony relative thereto, of physical or mental examinations ***.). ace school of tomorrow answer keys . Daniels was sentenced Tuesday to the maximum term of 80 years--the same sentence she received after her first trial--for firing the first and fatal shot. Defendant argues that Sheila's statement "figured prominently" in the court's determination and thus, because that statement was "admitted solely due to defense counsel's efforts[,] obviously defendant has been deprived of effective assistance of counsel.". Contact us. Justice DiVITO delivered the opinion of the court: After a bench trial, defendant Tyrone Daniels was found guilty of first degree murder (Ill.Rev.Stat.1987, ch. The fact that the trial court did a more thorough job of analyzing the issues than did this court speaks well of Judge Toomin's abilities. 493, 564 N.E.2d 1155 (1990). At the age of 53, David Ray Mccoy was brutally murdered in Chicago, Cook County, Illinois, on November 13, 1988. HARTMAN, P.J., and SCARIANO, J. After defendant let the officers into his apartment, the police asked him his name and, when he answered, they placed him under arrest, advising him of his constitutional rights. In the rear seat of his Cadillac, which was parked in a South Side Chicago alley, he was discovered shot to death. In an unpublished portion of the opinion issued by this court on June 28, 2002, we vacated the defendant's 80-year extended term sentence based on the trial court's finding that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, we remanded the case for re-sentencing. McCoys then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoys murder in 1990. The trial court's decision not to revisit a matter previously litigated in reliance upon the law of the case doctrine will not be reversed absent an abuse of discretion. Defendant did not ask the trial court to consider Tyrone's testimony at his motion to suppress in ruling on her motion to suppress. In reliance upon Cannon, Patterson and King, defendant argues the OPS report constitutes new evidence, entitling her to a hearing on her reoffered amended motion to suppress. 1000, 688 N.E.2d 693. Cook County. The facts surrounding her stay at the police station and the content of various statements she made to police, including a statement taken by a court reporter wherein defendant admitted to shooting McCoy but claimed it was in self-defense, were laid out at length in Daniels I. 343, 795 N.E.2d 1011 (2003) and People v. Alvarez, 344 Ill.App.3d 179, 278 Ill.Dec. The Jones court subsequently found this error did not require reversal. However, this court, presented as it is with a record containing no support for defendant's assertion, must resolve the question against him. Dr. Kalelkar stated, however, that if the bullet wound to the back of the neck was fired first, McCoy would have died instantly and thus, would have been dead at the time the two gunshot wounds to his forehead were inflicted. In finding error in the trial court's refusal to admit the X-rays, the supreme court stated they should have been admitted because they tended to sustain the defendant's alibi. Greenspawn, 346 Ill. at 491, 179 N.E. As for the voluntariness of her confession, Judge Toomin, citing People v. Dodds, 190 Ill.App.3d 1083, 138 Ill.Dec. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. Judge Toomin cited several cases which supported his holding and made extremely detailed findings of fact. Her second trial, held in August before Cook County Criminal Court Judge Joseph Urso, ended in the same verdict. Sheila then entered the interrogation room and, after hugging defendant, told him loudly "to do whatever they say to do, we was (sic) gone (sic) go home and everything was gone (sic) be all right." Defendant acknowledges that the support for his contention is not contained in the record, but he raises the error "so as to present defendant's ineffective assistance of counsel claim in it's (sic) proper perspective," promising to file a post-conviction petition raising this issue. That fact alone distinguishes defendant's case from the Greenspawn case where the X-ray technician had testified as to the authenticity of the X-rays. The State argued that the doctrine of law of the case barred a subsequent hearing on defendant's motion. Owned motels and nightclubs in Chicago.