People v. Linscott , 135 Ill. App. 3d 773 ( 1985 )

JUSTICE McNAMARA,

dissenting:

I respectfully dissent. I believe that the State proved defendant guilty beyond a reasonable doubt.

Defendant’s statements to the police exhibited knowledge of the crime which only the killer could have. Furthermore, his description of the killer strongly implicated himself. Defendant described the killer as having short, straight blond hair, having a light complexion, being between 5 feet 5 inches and 5 feet 7 inches, and square shouldered but not muscular. He was wearing a terry-cloth shirt with strips on the chest and sleeves. Defendant believed that the killer was married, had children, and lived in a nearby apartment. Defendant is white with straight blond hair, a medium build and just under 6 feet tall. He is married, has children, and lived near the deceased. During his first interview with the police, he wore a terry-cloth shirt with white stripes on the sleeves. According to defendant, he knew that the murder weapon was a dark, metallic object curved on one end arid tapered on the other. This description was consistent with the actual murder weapon. Defendant also knew the attack occurred 5 to 6 feet from the apartment door, that the beating centered around the head and shoulders, and that blood was spattered all over. The marks and abrasions on the deceased’s elbows and knees were consistent with defendant’s statement that the victim had been beaten downward.

Defendant told the police that after his dream he checked his subconscious and checked his arms to see if his arms were sore because he thought the killer’s arms had to be sore after such a violent beating. He also stated that the killer was eaten up with remorse and that his subconscious would give him away. He thought that the killer would leave a clue or telephone the police, but believed that if the police closed in, the killer would go into a shell. Defendant further stated that if his hairs were found in the victim’s apartment, the devil placed them there.

I agree with the State that defendant’s statements to the police were a confession. His statements, containing specific details of the crime, a psychological profile of the killer and an expression of concern about his hairs being found in the apartment, were not a recitation of a dream. The jury had the opportunity to observe the defendant, to hear his testimony, and to evaluate the testimony in light of all the other evidence. Their determination that defendant acquired information about the murder, not through a dream, but because he was present, is very reasonable and understandable.

Furthermore, head hairs found at the scene of the murder were consistent with defendant’s head hairs and defendant’s expert witness agreed that the odds that two similar head hairs could have originated from different sources are one in 4,500. Defendant’s pubic hairs were consistent with hairs found near the body of the victim, and defendant’s expert witness agreed that the odds that two similar pubic hairs could have originated from different sources are one in 800. The blood tests which were performed also failed to exclude defendant. I believe that all the facts were inconsistent with any reasonable hypothesis of innocence, and that defendant was proved guilty beyond a reasonable doubt.

Since I do not believe that any of the other claimed errors warrant reversal, I would affirm the judgment of the circuit court of Cook County.