People v. Lacy ( 2013 )


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  •                                
    2013 IL 113216
    IN THE
    SUPREME COURT
    OF
    THE STATE OF ILLINOIS
    (Docket No. 113216)
    THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
    ELIJAH S. LACY, Appellee.
    Opinion filed July 11, 2013.
    JUSTICE BURKE delivered the judgment of the court, with
    opinion.
    Chief Justice Kilbride and Justices Freeman, Thomas, and
    Karmeier concurred in the judgment and opinion.
    Justice Garman dissented, with opinion, joined by Justice Theis.
    OPINION
    ¶1       Section 103-5(c) of the Illinois speedy-trial statute (725 ILCS
    5/103-5(c) (West 2010)) authorizes a circuit court to continue a
    criminal case for “not more than an additional 60 days” to allow the
    State to obtain “evidence material to the case” if the State has
    exercised “due diligence” to obtain the evidence and “there are
    reasonable grounds to believe that such evidence may be obtained at
    a later day.” In this case, the circuit court granted the State two
    separate continuances prior to trial under section 103-5(c) because
    two of the State’s witnesses were, for different reasons and at
    different times, temporarily unavailable. The two continuances, when
    added together, totaled more than 60 days.
    ¶2       Following a substitution of judge, the defendant moved for
    dismissal of the charges against him, arguing that section 103-5(c)
    limited the State to not more than 60 days’ continuance in total, and
    that when this limitation was taken into account, the statutory speedy-
    trial period had expired. The circuit court agreed with defendant,
    granted his motion and dismissed the charges against him. The
    appellate court affirmed. 
    2011 IL App (5th) 100347
    . For the reasons
    that follow, we reverse the judgments of the lower courts and remand
    this cause to the circuit court for further proceedings.
    ¶3                              BACKGROUND
    ¶4        The defendant, Elijah S. Lacy, was arrested on February 8, 2009,
    and subsequently charged in the circuit court of Jackson County with
    first degree murder and home invasion. After defendant was granted
    several continuances, a trial date was set for February 1, 2010.
    Defendant remained in custody throughout the proceedings.
    ¶5        On January 25, 2010, the State filed a motion to continue pursuant
    to section 103-5(c) of the speedy-trial statute (725 ILCS 5/103-5(c)
    (West 2010)). In this motion, the State explained that Rebecca Pope,
    the only eyewitness to the events that gave rise to the charges against
    defendant, would be unable to travel from her home in Missouri to
    attend the scheduled trial because she was in the midst of a high-risk
    pregnancy and travel restrictions had been placed on her by her
    doctor. The motion included documentation from Pope’s doctor and
    stated that Pope’s due date was March 1, 2010. The circuit court
    granted the State’s motion over defendant’s objection and set a new
    trial date of April 26, 2010.
    ¶6        On April 19, 2010, the State filed a “pretrial motion regarding
    witness availability,” which asserted that the crime scene technician,
    Officer Dale Reamy of the Carbondale police department, was
    unavailable to testify at the scheduled trial because he had been
    deployed by the army reserve to Afghanistan. The motion requested
    the agreement of defendant to allow Lt. Paul Echols, who was present
    at the crime scene when evidence was collected, to testify in Reamy’s
    stead. The motion also stated that, in the absence of defendant’s
    agreement, the State would be forced to seek a continuance of the
    trial date until Reamy returned from overseas.
    ¶7        On April 23, 2010, defendant filed his own motion to continue,
    arguing in part that the continuance was necessary so Reamy would
    be available for cross-examination. The circuit court granted
    defendant’s motion and rescheduled the trial for June 21, 2010.
    -2-
    ¶8          On June 14, 2010, defendant filed a motion stating that he would
    not agree to the State’s request that Echols be allowed to testify in
    place of Reamy. Consequently, the State filed a second motion
    requesting an extension of the speedy-trial period under section 103-
    5(c). In this motion, the State asserted that Reamy would be
    unavailable to attend the trial on the scheduled date because he would
    still be serving in Afghanistan. The motion further stated that Reamy
    would be back in the area on July 15, 2010, and would be able to
    testify at that time. Over defendant’s objection, the circuit court
    granted the State’s motion and rescheduled the trial for July 19, 2010.
    Including the continuance allowed with respect to Rebecca Pope, the
    two continuances granted the State under section 103-5(c) totaled
    more than 60 days.
    ¶9          On July 9, 2010, a different trial judge was assigned to
    defendant’s case. On July 15, 2010, defendant filed a motion to
    dismiss on the basis that the statutory speedy-trial period had expired.
    In his motion, defendant argued that section 103-5(c) allows a total
    of only 60 days’ continuance, regardless of the circumstances
    confronted by the State. The motion further alleged that the general,
    120-day speedy-trial period provided under section 103-5(a) of the
    speedy-trial statute (725 ILCS 5/103-5(a) (West 2010)), plus the
    additional 60 days of continuance allowed under section 103-5(c) (a
    total of 180 days), had elapsed on June 26, 2010. Thus, defendant’s
    motion contended that the statutory speedy-trial period had expired,
    and the case against him should be dismissed.
    ¶ 10        On July 19, 2010, following a hearing, the circuit court
    “reluctantly” granted defendant’s motion. The circuit court held:
    “[T]he State can request multiple continuances per 103-5(c) upon
    proper proof of due diligence. This was done. This Court does not
    believe that the total of these continuances may exceed 60 days. This
    Court believes the total maximum time for defendant to be tried is
    180 days.” The circuit court determined that July 19, 2010, was the
    203rd day of defendant’s pretrial custody that was attributable to the
    State, or 23 days past the maximum permitted, in the view of the
    court, under the speedy-trial statute. Accordingly, the circuit court
    dismissed the charges and ordered defendant released from custody.
    ¶ 11        The State appealed, arguing that section 103-5(c) of the speedy-
    trial statute does not limit it to a total of 60 days’ continuance. The
    appellate court rejected this contention, concluding that under the
    statute, a defendant must be brought to trial no later than 180 days
    -3-
    after he is taken into custody. 
    2011 IL App (5th) 100347
    . We granted
    the State’s petition for leave to appeal. Ill. S. Ct. R. 315 (eff. Feb. 26,
    2010).
    ¶ 12                                  ANALYSIS
    ¶ 13       At issue in this case is whether the State is limited to a total of 60
    days’ continuance under section 103-5(c) of the speedy-trial statute
    (725 ILCS 5/103-5(c) (West 2010)). The parties acknowledge that
    this precise issue has not been addressed in any prior case law and,
    thus, is one of first impression. Because the issue presented raises a
    question of statutory interpretation, our review is de novo. Mattis v.
    State Universities Retirement System, 
    212 Ill. 2d 58
    , 76 (2004).
    ¶ 14       Section 103-5(c) of the speedy-trial statute provides:
    “If the court determines that the State has exercised without
    success due diligence to obtain evidence material to the case
    and that there are reasonable grounds to believe that such
    evidence may be obtained at a later day the court may
    continue the cause on application of the State for not more
    than an additional 60 days. If the court determines that the
    State has exercised without success due diligence to obtain
    results of DNA testing that is material to the case and that
    there are reasonable grounds to believe that such results may
    be obtained at a later day, the court may continue the cause on
    application of the State for not more than an additional 120
    days.” 725 ILCS 5/103-5(c) (West 2010).
    ¶ 15       As he did in the courts below, defendant maintains that, because
    section 103-5(c) states that the cause may be continued “for not more
    than an additional 60 days,” the State may not, under any
    circumstances, be granted more than 60 days in total to obtain
    material evidence. The State counters by arguing that the plain
    language of section 103-5(c) “sets no limits on the number of times”
    a continuance may be granted and, therefore, the statute allows the
    State to obtain multiple continuances of not more than 60 days each
    upon a showing of due diligence, materiality of the evidence, and
    reasonable grounds to believe the evidence may be obtained at a later
    date. In our view, neither of these arguments hits the mark.
    ¶ 16       Section 103-5(c) provides that where the State has exercised due
    diligence to obtain material evidence and “there are reasonable
    grounds to believe that such evidence may be obtained at a later day”
    -4-
    (emphasis added) (725 ILCS 5/103-5(c) (West 2010)), the State may
    be granted up to 60 days to obtain that evidence. From this language
    it is clear that the 60-day time period is tied to the specific evidence
    for which the continuance is being sought. So, for example, in this
    case, when the circuit court granted the State a continuance to obtain
    the testimony of Rebecca Pope, the continuance was granted with
    respect to that evidence alone. Officer Reamy’s testimony was
    different evidence and when that testimony became unavailable, the
    State was entitled under section 103-5(c) to seek a separate
    continuance to obtain “such evidence.”
    ¶ 17        In arguing that the State may receive no more than a total of 60
    days’ continuance, defendant is, in effect, saying that the phrase “such
    evidence” refers to all material evidence for which the State may seek
    continuances, regardless of when or why those continuances are
    sought. This is a strained reading of the statute. The more natural
    reading is that the phrase “such evidence” refers to that evidence for
    which the State is seeking a continuance and, therefore, the State in
    this case was entitled to seek one continuance of not more than 60
    days to obtain the testimony of Rebecca Pope, and a separate
    continuance of not more than 60 days to obtain the testimony of
    Officer Reamy. Indeed, in our view, had the General Assembly
    intended the meaning argued by defendant, i.e., that the maximum
    time period under section 103-5(c) is 60 days in total, it could have
    easily said so. It did not.
    ¶ 18        At the same time, the State’s contention that section 103-5(c)
    “sets no limits on the number of times” a continuance may be granted
    is also incorrect. Where the conditions of section 103-5(c) are
    satisfied, the State may seek separate continuances in order to obtain
    different items of material evidence, but the statute plainly indicates
    that the State is only entitled to one continuance of not more than 60
    days for each item. Thus, contrary to the State’s assertion, section
    103-5(c) does not permit an unlimited number of continuances.
    ¶ 19        Further, there are significant restraints placed on the use of the
    continuances under section 103-5(c). Before granting a continuance,
    the circuit court must find, in the exercise of its discretion, that the
    evidence for which the continuance is sought is material to the case,
    that the State has exercised due diligence to obtain such evidence, and
    that there are reasonable grounds to believe that such evidence will
    be available at a later date. These requirements prevent the State from
    using the statute to create unnecessary delay. For example, if the State
    -5-
    is aware, at the outset, that two different witnesses are unavailable,
    due diligence requires that the unavailability of both witnesses be
    disclosed to the circuit court at that time. The State cannot move for
    a continuance to obtain the testimony of one witness, exhaust that
    continuance, and then move for a continuance for the second witness.
    In this way, the statute prevents the State from unnecessarily
    prolonging the proceedings but allows the State additional time to
    obtain material evidence when, as in this case, a second witness
    unexpectedly becomes unavailable.
    ¶ 20        Defendant also contends that reading section 103-5(c) as allowing
    for more than a total of 60 days’ continuance would be “inconsistent
    with the purpose of the speedy trial statute,” which is to implement
    the right to a speedy trial guaranteed by the federal and state
    constitutions. The constitutional speedy-trial provisions do not
    contain a specific time limit within which a defendant must be tried.
    See U.S. Const., amends. VI, XIV; Ill. Const. 1970, art. I, § 8. Rather,
    to determine whether a constitutional speedy-trial violation has
    occurred, four factors are considered as part of a balancing analysis:
    (1) the length of the delay, (2) the reasons for the delay, (3) the
    defendant’s assertion of the speedy-trial right, and (4) prejudice to the
    defendant caused by the delay. Barker v. Wingo, 
    407 U.S. 514
    , 530
    (1972); People v. Crane, 
    195 Ill. 2d 42
    , 46-48 (2001). Illinois’
    speedy-trial statute implements the constitutional right to a speedy
    trial by setting forth a definite time limit within which a defendant
    must be brought to trial. People v. Sandoval, 
    236 Ill. 2d 57
    , 67
    (2010); 
    Crane, 195 Ill. 2d at 47-48
    . According to defendant, only a
    limit of 60 days’ continuance in total under section 103-5(c) would
    be sufficiently definite to serve this purpose. We disagree.
    ¶ 21        Under the constitutional speedy-trial analysis, the State’s inability
    to obtain material evidence after exercising due diligence, and in
    particular the inability to obtain the testimony of a material witness,
    is considered a presumptively valid reason for delay. 
    Barker, 407 U.S. at 531
    ; see generally Kristine Cordier Karnezis, Annotation,
    Illness or Incapacity of Judge, Prosecuting Officer, or Prosecution
    Witness as Justifying Delay in Bringing Accused Speedily to
    Trial—State Cases, 
    78 A.L.R. 3d 297
    , § 5 (1977). Recognizing this
    fact, many speedy-trial statutes place no limit on the amount of time
    allowed when the government is diligently seeking material evidence.
    See, e.g., Alaska R. Crim. P. 45(d)(3)(a) (2012); Ark. R. Crim. P. R.
    28.3(d)(1) (2013); Fla. R. Crim. P. 3.191(l)(3) (2013); Haw. R. Penal
    -6-
    P. 48(c)(4)(i) (2013); Neb. Rev. Stat. § 29-1207(4)(c)(i) (2012); N.Y.
    Crim. Proc. Law § 30.30(4)(g) (McKinney 2013); see also, e.g., 18
    U.S.C. § 3161(h)(3)(A) (2006) (excluding period of delay when an
    essential witness is unavailable); Mass. R. Crim. P. 36(b)(2)(B)
    (2013) (same). However, as we have explained, section 103-5(c)
    places an explicit limit on the length of the permitted continuance,
    tying the extension of time to the evidence being sought and
    providing for one, and only one, continuance of not more than 60
    days to obtain an item of material evidence. This is a sufficiently
    defined period of time to serve the purpose of implementing the
    constitutional right to a speedy trial.
    ¶ 22       In the case at bar, the State was entitled to seek one continuance
    of not more than 60 days under section 103-5(c) to obtain the
    testimony of Rebecca Pope. The State was also entitled to seek a
    second continuance of not more than 60 days to obtain the testimony
    of Officer Reamy, since that testimony constituted different evidence.
    Further, defendant does not contend that the circuit court abused its
    discretion when it initially found that the State acted with due
    diligence in attempting to secure the testimony of the two witnesses,
    that their testimony was material, and that there were reasonable
    grounds to believe that their testimony would be obtained at a later
    day. Accordingly, the circuit court erred when it subsequently held
    that the speedy-trial statute was violated.
    ¶ 23                             CONCLUSION
    ¶ 24      For the foregoing reasons, the judgments of the circuit and
    appellate courts are reversed. The cause is remanded to the circuit
    court for further proceedings consistent with this opinion.
    ¶ 25      Judgments reversed.
    ¶ 26      Cause remanded.
    ¶ 27        JUSTICE GARMAN, dissenting:
    ¶ 28        The majority holds that section 103-5(c) allows the trial court to
    grant the State one 60-day continuance to obtain each piece of
    evidence or each witness that is unavailable during the speedy-trial
    period. Because I believe the majority’s interpretation of the statute
    is incorrect, I respectfully dissent.
    -7-
    ¶ 29        Defendants have the right to a speedy trial under the United States
    and Illinois constitutions (U.S. Const., amends. VI, XIV; Ill. Const.
    1970, art. I, § 8). As the majority notes, under the constitutional
    analysis, whether a defendant’s right to a speedy trial has been
    violated depends on four factors: (1) the length of the delay in the
    trial, (2) the reasons for the delay, (3) the defendant’s assertion of the
    speedy-trial right, and (4) prejudice to the defendant caused by the
    delay. Barker v. Wingo, 
    407 U.S. 514
    , 530 (1972). Illinois’ speedy-
    trial act implements the constitutional right to a speedy trial and this
    court has recognized that the act is to be liberally construed. People
    v. Staten, 
    159 Ill. 2d 419
    , 427 (1994). Although the statute
    implements a defendant’s constitutional right to a speedy trial, the
    constitutional right and the right conferred by the statute are not
    precisely equivalent. A defendant need not show prejudice under the
    statutory right and all that is required is that the defendant has not
    been brought to trial within the statutory period and that the defendant
    has not caused or contributed to the delay. When a statutory speedy-
    trial violation is alleged, the statute operates to prevent the
    constitutional issue from arising except in cases involving prolonged
    delay or novel issues. 
    Id. at 426-27. ¶
    30        The majority relies on the plain language of section 103-5(c) in
    concluding that the phrase “such evidence” refers to the evidence for
    which the State is seeking a continuance. Thus, according to the
    majority, the State was entitled to one 60-day continuance to obtain
    Rebecca Pope’s testimony and one 60-day continuance to obtain
    Officer Reamy’s testimony. Supra ¶ 17. In my view, the majority
    focuses on the wrong language. The question before this court is
    whether the phrase “not more than an additional 60 days” permits the
    State more than one continuance of 60 days past the expiration of the
    speedy-trial period under the statute. The majority’s emphasis on the
    phrase “such evidence” is misplaced. When the State seeks a
    continuance to obtain material evidence, the continuance, if granted,
    would obviously refer to that evidence. Thus, the phrase “such
    evidence” lacks the significance the majority ascribes to it. Rather,
    the key phrase is “not more than an additional 60 days.”
    ¶ 31        The majority rightly rejects the State’s argument that “additional”
    means that it may obtain multiple continuances of not more than 60
    days each. However, the majority errs in holding that the State may
    obtain one 60-day continuance for each piece of evidence and each
    witness. What the majority withholds with one hand, it bestows with
    -8-
    the other. Under the majority’s holding, the State may not obtain an
    unlimited number of 60-day continuances for each separate witness
    or separate item of evidence. However, the majority would allow the
    State to obtain a potentially unlimited number of continuances, as
    long as each continuance does not exceed 60 days for each witness or
    item of evidence. In a complex case with many witnesses and much
    evidence, the State may be able to obtain continuances that would
    take the case long past the 120-day speedy-trial period. Such a result
    may encourage a defendant to invoke his constitutional right to a
    speedy trial, something the legislature sought to avoid in limiting the
    State’s ability to obtain continuances under section 103-5(c).
    ¶ 32        I would find the language “no more than an additional 60 days”
    in section 103-5(c) to be ambiguous. While I would reject the State’s
    construction of that language, I do not find that construction to be
    inherently unreasonable. Where the language of a statute is
    ambiguous, we may consider the purposes of the statute. Reda v.
    Advocate Health Care, 
    199 Ill. 2d 47
    , 55 (2002). As noted above,
    section 103-5(c) implements a defendant’s constitutional right to a
    speedy trial and this court has recognized that the statute is to be
    liberally construed. When a statutory speedy-trial violation is alleged,
    the statute operates to prevent the constitutional issue from arising
    except in cases involving prolonged delay or novel issues. 
    Staten, 159 Ill. 2d at 426-27
    . This court has noted that the balancing analysis in
    the constitutional speedy-trial right is inherent in our speedy-trial
    statute and that this balancing is the prerogative of the General
    Assembly. People v. Sandoval, 
    236 Ill. 2d 57
    , 67 (2010). Since, under
    the majority’s analysis, especially in complex cases, the State can
    have potentially unlimited 60-day continuances for as many witnesses
    and items of evidence it cannot obtain within the speedy-trial period,
    defendants may be forced to invoke their constitutional speedy-trial
    rights. This is contrary to the purpose of the statute. Had the
    legislature wished to provide not more than one 60-day continuance
    for each witness and each item of evidence, it could easily have used
    language in the statute to make that clear. It did not and that omission
    is telling.
    ¶ 33        The majority’s reliance on statutes of our sister states to support
    its holding is misplaced. Not only do none of the cited statutes place
    any time limits on continuances granted at the State’s request, a
    review of these statutes reveals that they are considerably more liberal
    than our statute with respect to the reasons the State may be granted
    -9-
    continuances. For example, most of the statutes cited by the majority
    except from the speedy-trial period delay caused by continuances
    granted the State in cases where the prosecutor requires additional
    time to prepare the State’s case due to the complexity of the case or
    due to other exceptional circumstances. These exceptions are in
    addition to continuances sought for the unavailability of witnesses or
    material evidence. See Alaska R. Crim. P. 45(d)(3)(b) (2012); Ark.
    R. Crim. P. R. 28.3(d)(2) (2013); Fla. R. Crim. P. 3.191(l)(2) (2013);
    Haw. R. Penal P. 48(c)(4)(ii) (2013); Neb. Rev. Stat. § 29-
    1207(4)(c)(ii) (2012); N.Y. Crim. Proc. Law § 30.30(4)(g)(ii)
    (McKinney 2013).
    ¶ 34        In contrast, section 103-5(c) of our speedy-trial statute is much
    more restrictive. The open-ended continuances allowed under the
    cited statutes require a balancing analysis similar to that required
    under the constitutional speedy-trial right. Our legislature has sought
    to avoid that possibility by providing for continuances totaling no
    more than 60 days beyond the speedy-trial period. The majority’s
    holding undermines that intent.
    ¶ 35        I note that the State was not without options in this case. When it
    became clear that Reamy’s presence at trial could not be secured
    within the maximum allowable time, the State could have asked the
    trial court to lower defendant’s bond or release him on his own
    recognizance. The State could have sought a plea bargain with
    defendant. It could have gone to trial without Reamy’s testimony.
    Instead, the State sought a continuance that would have caused
    defendant’s trial to take place beyond the 180-day maximum speedy-
    trial period. The trial and appellate courts rightly concluded that this
    was not permissible under the statute. The majority errs in reversing
    those decisions.
    ¶ 36      JUSTICE THEIS joins in this dissent.
    -10-
    

Document Info

Docket Number: 113216

Filed Date: 7/11/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021