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146 Ill. App. 3d 1087

497 N.E.2d 803

100 Ill.Dec. 625

People v. Thomas

Appellate Court of Illinois

Decided August 26, 1986

Appellate Court of Illinois · decided 1986-08-26

Key passage — most relied on by later courts

“misstate! ] the function of the jury in our adversarial system [or] diminish the presumption of innocence.” (People v. Thomas (1986), 146 Ill. App. 3d 1087, 1089 , 497 N.E.2d 803, 804 (finding improper the statement:”

quoted by 1 later decision, including 257 Ill. App. 3d 258 - People v. Jefferson

“'a perversion of the principle that a jury is composed of nonpartisans who function under the presumption that a defendant is innocent until proved otherwise.'”

quoted by 1 later decision, including People v. Long

Relies on 124 Ill. App. 3d 363 - People v. Harbold · 103 Ill. App. 3d 711 - People v. Cukojevic · 27 Ill. 2d 497 - The PEOPLE v. Wright

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-26

How this case has been cited

Cited by 20 later decisions — most recently September 2021

20 state decisions

7019861990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

JUSTICE JONES

¶1delivered the opinion of the court:

¶2The defendant, Bruce Thomas, was charged by information with unlawful restraint and battery on November 29, 1984. Following trial before a jury the defendant was acquitted of the battery charge but found guilty of unlawful restraint. The defendant was subsequently sentenced to three years’ imprisonment in the Department of Corrections.

¶3The defendant appeals from his conviction raising numerous instances of trial error. We need not address each of these claims of error, however, because we find that the prosecutor’s comments during closing argument amounted to plain error of prejudical dimension. We accordingly reverse the defendant’s conviction and remand this cause for a new trial.

¶4The incident giving rise to the charges against the defendant occurred on November 28, 1984, when the defendant allegedly confronted the complaining witness, Patricia Brown, on a sidewalk in Mt. Vernon, and asked her to “go with him” to his house three blocks away. The defendant and Ms. Brown had previously lived together for 3V2 years and had a six-month-old child together. Ms. Brown accompanied the defendant to his house where, once inside, the defendant locked the door and the two began to argue. A friend of Ms. Brown’s, who had been walking with her before the defendant approached, called the police, and the police went to the defendant’s house where the defendant let them in.

¶5Ms. Brown subsequently gave a statement at the police station in which she said that the defendant had pulled her down the street to his house while she resisted and that the defendant had forced her into his house and slapped her on the face several times. At trial Ms. Brown testified that this statement was false. She had given the false statement because she was upset with the defendant and “just mad.”

¶6Opal Wyatt, the friend who had been walking with Ms. Brown and who had then called the police, testified regarding the incident that the defendant had “grabbed” Ms. Brown and had “dragg[ed] her down the street.” Ms. Brown was “hollering and trying to get away.” Ms. Wyatt stated that she had seen the defendant hit Ms. Brown but later admitted that she did not see the defendant hit Brown while inside the house.

¶7During closing argument the prosecutor stated his belief that the jury had heard a “trumped up story” from Ms. Brown. He asserted that Ms. Wyatt had had her head down while testifying because she was afraid of the defendant and his family and noted that there was nobody there in court from the Wyatt family. The prosecutor then stated: “There’s nobody here for the People, just you.”

¶8The defendant contends on appeal that this latter statement was improper in that it misstated the function of the jury in our adversarial system and diminished the presumption of innocence. We agree. While a prosecutor may, in closing argument, “dwell on the evil results of crime and urge a fearless administration of the law” (People v. Wright (1963), 27 Ill. 2d 497, 500-01, 190 N.E.2d 287, 289; People v. Cukojevic (1981), 103 Ill. App. 3d 711, 431 N.E.2d 1154), the prosecutor’s declaration here was a perversion of the principle that a jury is composed of nonpartisans who function under the presumption that a defendant is innocent until proved otherwise. An argument that diminishes the presumption of innocence is improper. (People v. Harbold (1984), 124 Ill. App. 3d 363, 464 N.E.2d 734.) Notwithstanding the defendant’s failure to object to this statement at trial, we find that the error here was of such magnitude as to constitute plain error, and we reverse the defendant’s conviction on this basis and remand for a new trial.

¶9Reversed and remanded.

¶10KASSERMAN, P.J., concurs.

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