People v. Lambert
Case Date: 06/04/1997
Court: 2nd District Appellate
Docket No: 2-94-1326
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_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________ THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of Winnebago County. ) Plaintiff-Appellee, ) No. 94--CF--148 ) v. ) ) FREDERICK R. LAMBERT, ) Honorable ) John W. Nielsen, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: The defendant, Frederick Lambert, was found guilty by a jury of the charge of first degree murder (720 ILCS 5/9--1 (West 1994)). Subsequently, the trial court sentenced the defendant to 100 years' imprisonment. This appeal ensued. We reverse and remand for a new trial. The defendant was charged with the October 29, 1993, beating death of Anthony Doss. The cases of the defendant's codefendants, Antowan Lambert, Carl Dickson, Maurice Bowden, Alexander Dowthard, Jr., and Lucio Flores, were disposed of in separate proceedings. Among other witnesses, the State called Lucio Flores, the defendant's half-brother, and Antowan Lambert, the defendant's nephew, as its only eyewitnesses tying the defendant to the murder. During his testimony, Flores revealed that on January 7, 1994, he gave a written statement about Doss' death to Rockford police detectives. Detective Bruce Scott later testified that he and Detective Pobjecky took the written statement. Scott denied that any deal was made with Flores in exchange for the statement. Flores also testified that, in exchange for his testimony at trial against the defendant, the State had agreed to reduce his murder charge to aggravated battery (720 ILCS 5/12--4 (West 1994)) and concealment of a homicide (720 ILCS 5/9--3.1 (West 1994)), for which he would plead guilty and receive a sentence of 30 months' probation and time served. Antowan testified that he gave a written statement regarding Doss' murder to the Rockford police on January 4, 1994. Antowan admitted at trial that he gave his statement only after he was told that others had talked and after he was told of the possible penalties for murder. Antowan also admitted that, prior to making the statement, the police told him that it would go easier for him if he talked. Antowan testified that, in exchange for his testimony at the defendant's trial, his own murder charge would be reduced to armed violence (720 ILCS 5/33A--2 (West 1994)), to which he would plead guilty for a 7 |