People v. Johnson

Following a trial before a dual jury, defendants Darryl Johnson and Reginald White were found guilty of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9-1(a)), and sentenced to terms of 35 years in the Illinois Department of Corrections. On appeal both defendants contend that the trial court erred in coercing two witnesses to testify by finding them in contempt of court for exercising their fifth amendment right. Defendant Johnson alone contends that: (1) he was denied a fair trial as a result of cumulative error, including the State's improper use of peremptory challenges to exclude racial minorities; (2) there was no probable cause to arrest him; (3) his arrest was in violation of the fourth amendment; and (4) he was interrogated without knowingly waiving his Miranda rights. Defendant White alone contends that: (1) the dual jury proceeding was improper; (2) the trial court erred in allowing the State to inform the jury that a State witness had been previously found guilty of the murder; and (3) the court erred in allowing a stenographic statement by defendant to go to the jury room. For the reasons that follow, we affirm. The record sets forth the following facts pertinent to this appeal. On March 12, 1982, 17-year-old Cleave Herron was fatally shot at 19th Street and Kedzie, Chicago. On April 5, 1982, Chicago police detective Daisy Walker became involved in investigating the murder. Detective Walker was told by Eugene Kimball that on March 12 he had a conversation with Reginald White, a leader of the Vice Lords. Kimball stated that White told him that he, Ramon West, and Darryl Johnson were going to ""roll on"" 1 Keith Brice, the leader of the Black Gangster Disciples. Kimball told Detective Walker that he refused to go because he had no gun.