Defendant was convicted, after jury trial, of murders of 3 people and sentenced to natural life in prison. Court properly exercised its discretion in allowing evidence of other crimes involving 2 illegal narcotics conspiracies with a group of 3 people, including Defendant, whose role was "watchdog"; and evidence of multiple prior drug transactions with that group and 2 of the murder victims. Even if conspiracy is not charged, when a crime is committed in pursuance of a conspiracy, evidence of that conspiracy, including every act of the conspirators is admissible, even though the commission of other crimes is disclosed. Evidence as to the conspiracies was relevant for many other reasons where it tended to establish motive, common plan or design, intent, and identity. Court also admitted cell site location information (CSLI) that was obtained by police without a warrant. Counsel's failure to move to suppress evidence of Defendant's CSLI was not ineffective assistance of counsel, and did not result in prejudice such that if suppressed the outcome of trial would have differed. Admission of the CSLI was harmless as it was cumulative to witness's highly probative testimony. (GORDON and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress