People v. James

Case Date: 04/19/1999
Court: 2nd District Appellate
Docket No: 2-97-0778

People v. James, No. 2-97-0778

2nd District, April 19, 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

TIMOTHY R. JAMES,

Defendant-Appellant.

Appeal from the Circuit Court of Boone County.

No. 96--CF--60

Honorable Gerald F. Grubb, Judge, Presiding.

JUSTICE RAPP delivered the opinion of the court:

Defendant, Timothy R. James, appeals his conviction of unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(A) (West 1994)). Defendant argues that the prosecutor's questions to the jury during voir dire regarding jurors' possible prior illegal drug use denied him of the right to an impartial jury. We affirm.

Defendant was charged with unlawful delivery of 15 grams or more, but less than 100 grams, of cocaine. 720 ILCS 570/401(a)(2)(A) (West 1994). The matter proceeded to a jury trial.

At the beginning of voir dire, the panel of prospective jurors was sworn by the clerk. The trial judge permitted the attorneys to question the prospective jurors. The prosecutor, without objection by defense counsel, asked all but one of the prospective jurors who were ultimately seated as jurors questions regarding their prior illegal drug use. Those questions are summarized as follows:

The prosecutor asked one juror, "Have you ever used or had exposure to cocaine or any narcotic substance?" That juror replied, "No."

The prosecutor asked another juror, "Have you ever used or had exposure to any narcotic substance?" That juror also denied any use.

The following colloquy then transpired between the prosecutor and yet another juror:

Prosecutor: "All right. Have you ever been exposed to any narcotic substance?"
Juror: "Yes."
Prosecutor: "Is that something you're comfortable talking about in court?"
Juror: "Exposed meaning have I ever been around it in the use of it?"
Prosecutor: "No, have you ever used?"
Juror: "No, not narcotics, no. Marijuana, yes."
Prosecutor: "Have you been around cannabis?"
Juror: "Yes; yes."
Prosecutor: "Can I presume this is the old college days, that kind of thing?"
Juror: "Yes."
Prosecutor: "Okay. Cocaine, heroin, that stuff is pretty much out?"
Juror: "No. I've never been around it, huh-uh."

The following colloquy then transpired between the prosecutor and another juror:

Prosecutor: "Have you ever used any illegal substances yourself?"
Juror: "I've tried cannabis a few times."
Prosecutor: "How long ago was that?
Juror: "Oh, back when I was in the fraternity so probably four years ago, three years ago."
Prosecutor: "Where is it you went to school?"
Juror: "Eastern Illinois."
Prosecutor: "You don't currently use?"
Juror: "No."

The prosecutor then asked another juror, "Have you ever used an illegal drug?" The juror denied any use.

The prosecutor asked yet another juror, "Ever been exposed to an illegal drug?" That juror replied, "No."

The prosecutor asked another juror, "Have you ever used a narcotic substance?" The juror replied, "No, sir."

After denying that he had ever advocated the legalization of any illegal drug, one juror was asked by the prosecutor, "Therefore, I can assume that you've never used or been exposed to a narcotic substance." That juror replied, "Yes."

The prosecutor asked another juror, "Any exposure in your life experience to a controlled substance?" The juror replied, "No."

The prosecutor asked another juror, "And you yourself have never used any illegal drug?" The juror stated, "Absolutely not."

The prosecutor asked another juror, "And you've never had any exposure to a narcotic substance?" The juror said, "No."

Only one juror was not asked about her use of illegal drugs by the prosecutor. We note that the trial judge did not intervene sua sponte to this questioning by the prosecutor; in fact, the trial judge also asked one potential juror, "I take it, then, you have been a user of drugs as well?" The potential juror replied, "Yes, I have." That potential juror was subsequently excused from jury service.

At trial, Greg Carlson testified that he was a former friend and business acquaintance of defendant between 1993 and 1994. Carlson would purchase cocaine from defendant in various amounts of less than an ounce and then resell it. Carlson's purchases from defendant usually took place at defendant's home located in Belvidere, Illinois. The purchases occurred approximately 700 to 900 times. Carlson also accompanied defendant on 75 to 100 trips to Chicago to buy drugs from his supplier, Henry Maynes. Defendant would usually purchase one to two ounces from Maynes.

Carlson's relationship with defendant terminated in the fall of 1994 when Carlson quit using cocaine and moved to Missouri. Carlson began working as an informant for the FBI. In January 1995, Carlson was contacted by Mike Dudley of the FBI. Dudley inquired whether Carlson could still purchase cocaine from his supplier. Carlson agreed to do so, receiving a total of $600 for his cooperation.

Carlson testified that on January 29, 1995, he went to defendant's house and asked him whether he could purchase an ounce of cocaine. Defendant said yes, went into another room and made a phone call, then emerged and said, "yep, tomorrow at noon." The men made arrangements for defendant to be called by Carlson the next morning.

Carlson then contacted Mike Dudley and told him about the order. Dudley instructed Carlson to be present at the Rockford FBI headquarters the next day, January 30, 1995. Carlson testified that, while at the Rockford FBI headquarters, he was searched, wired, and provided with money to purchase cocaine.

Carlson called defendant's house. Defendant told him to drive over. Carlson arrived at defendant's home, now located in Rockford, at noon. Carlson then drove defendant to 144 Gladys in Belvidere. There defendant told Carlson that the drugs were not ready. Several times beginning at 12:37 p.m., Carlson was told to leave and come back to 144 Gladys, each time because the requested quantity of drugs was not yet available. At one point, defendant told Carlson that he could buy