People v. Banks

JUSTICE REINHARD,

specially concurring:

While I agree with the result and most of the analysis set forth in this opinion, I disagree with that portion of the opinion as it pertains to Jackie Hill’s credibility. It was the jury’s responsibility to resolve the contradictory evidence and factual disputes and weigh the credibility of the witnesses. (People v. Kubat (1983), 94 Ill. 2d 437, 468.) As the fact of an inconsistent extrajudicial. statement does not, per se, destroy the probative value of testimony, the trier of fact may accept the credibility of the witness notwithstanding the impeaching inconsistent statement. (People v. Pavelich (1979), 76 Ill. App. 3d 779, 782.) The fact that a witness has changed his testimony does not conclusively destroy his testimony, but is only a factor to be considered by the trier of fact in passing upon the credibility of such a witness. People v. Nelson (1965), 33 Ill. 2d 48, 52-53; People v. Hobson (1979), 77 Ill. App. 3d 22, 24-25.

The reality of the circumstances here is that 16-year-old Jackie Hill was living in the same neighborhood as the friends and relatives of the defendants. Her reluctance to initially incriminate fully the defendants shortly after the homicide is explainable due to her immaturity and emotional upset. The officer also said he did not ask her for a full account of the events. Her subsequent statements to Melanie Scott and attorney Washington, which were inconsistent with her trial testimony, are understandable under the circumstances. Melanie Scott knew one of the defendants and his family and actually arranged for attorney Washington to represent the defendants. She then was engaged as a paid investigator for Washington and sought out young Jackie Hill. Jackie testified she gave a statement to Scott as directed because she was afraid. At the location of the later second statement to attorney Washington, Melanie was present as was one of the defendant’s brothers. She testified she was still afraid of Scott.

There is strong evidence in this record that Jackie Hill’s inconsistent extrajudicial statements were the result of pressure and coercion exerted on her by friends and relatives of the defendants. It was for the trier of fact to make this determination, not this court sitting in review without the benefit of observing the witnesses. Therefore, I would not disregard Jackie Hill’s testimony that the defendants actively participated in the offense by holding the victim’s arms as the majority has found.