dissenting:
The majority concludes that, while evidence of the other crimes was admissible, the evidence was presented in a detailed and repetitive manner and, consequently, the conviction must be reversed. However, a ruling allowing the introduction of evidence of other crimes will be upheld unless it represents an abuse of discretion. (People v. Maxwell (1992), 148 Ill. 2d 116, 592 N.E.2d 960.) Because I find no abuse of this trial court’s discretion in admitting any of the evidence, I dissent from the majority’s opinion.
The only evidence connecting this defendant to the 16-month-old murder case was his confession. The State’s theory was that the defendant felt such remorse from his statement concerning his mother that he was moved suddenly to reveal his involvement in an unsolved crime. Before trial, the defendant had presented a motion to suppress the confession based on allegations of physical coercion. Several witnesses testified that the defendant had bruises and other injuries. There was testimony at trial that the defendant was covered with blood. It would be difficult, if not impossible, for the State to explain the defendant’s bizarre behavior and subsequent confession without introducing evidence of the context of his arrest and the circumstances of his conversations with police.
In this respect, this case is not unlike People v. McKibbins (1983), 96 Ill. 2d 176, 449 N.E.2d 821. In that case, the court stated, "It would be difficult to explain or describe circumstances surrounding the defendant’s arrest without introducing a substantial amount of the evidence concerning the [other crime].” (McKibbins, 96 Ill. 2d at 183, 449 N.E.2d at 824.) Noting that evidence of other offenses is admissible if it is relevant for any purpose other than to show the propensity to commit crime, the court allowed detailed evidence about another crime which was in progress when the arrest was made.
Applying McKibbins, it appears clear that the State needed to present some evidence concerning the other crime. The majority agrees with this point. However, the majority and I disagree over the amount of the evidence that should be admitted.
Unlike the majority, I cannot agree that the introduction of this evidence was an abuse of the trial court’s discretion. Here, the trial court limited the prejudicial effect of the evidence. As the majority notes, it is well established that evidence of other crimes may be admitted if it is relevant, but should be excluded if its probative value is outweighed by prejudice. The record demonstrates that the trial court was mindful of the prejudicial nature of the evidence and attempted to minimize the prejudicial effect of the testimony. On several occasions, the trial court balanced the evidence and found it more probative than prejudicial. Additionally, the trial court sua sponte gave limiting instructions to the jurors after the State introduced evidence of the other crimes. Finally, the jurors were instructed again at the close of the case that the evidence had been received on the issue of the defendant’s arrest and statement and should be considered only for that limited purpose.
I am also moved to dissent from the majority’s decision because I feel that the majority has misinterpreted certain relevant facts presented by this record. The majority states that the defendant was subjected to a "mini-trial” because three State’s witnesses testified instead of one. However, the record demonstrates that the State called 15 witnesses in its case in chief. Three of the witnesses mentioned the other crimes very briefly. None emphasized the violence used against the defendant’s mother or the dog, nor did they provide inflammatory descriptions of the attacks. At no point did the defendant object that the State was exceeding the scope of the motion in limine.
The majority also states that the prosecutor’s closing argument used the evidence of the prior act to depict the defendant as a man of bad character because the prosecutor urged the jury to end the defendant’s "reign of murder.” However, the majority has not quoted the entire argument of the prosecutor. In fact, the prosecutor urged the jury to end the "reign of murder and armed robbery.” This reference was clearly a reference to the crimes committed against Paul Ray and not a reference to the crimes committed against the defendant’s mother and the dog.
The trial court was faced with the difficult task of weighing the probative value of the evidence and limiting its introduction to avoid prejudicing the defendant. After reviewing the record, I find that the trial court scrupulously endeavored to ensure the fairness of the proceedings. In short, the trial court gave the defendant a fair trial. I would affirm.