People v. Martinez

1

2024 IL App (1st) 230180-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSE G. MARTINEZ, Defendant-Appellant.

No. 1-23-0180

Court of Appeals of Illinois, First District, Second Division

April 23, 2024

This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Cook County. No. 13 CR 15605 Honorable Michael B. McHale, Judge, Presiding.

JUSTICE COBBS delivered the judgment of the court. Presiding Justice Howse and Justice McBride concurred in the judgment.

ORDER

COBBS JUSTICE

¶ 1 Held: The trial court did not err in summarily dismissing defendant's initial postconviction petition because his appellate counsel was not ineffective for failing to raise meritless claims on direct appeal that (1) his due process rights were violated by the destruction of oral swabs and (2) trial counsel was ineffective for eliciting testimony and making a closing argument that damaged defendant's alibi defense.

¶ 2 Following a jury trial, defendant-appellant Jose G Martinez was found guilty of first degree murder and sentenced to 40 years' imprisonment. On direct appeal this court affirmed the trial court's judgment, holding that the court did not err in refusing to issue an involuntary manslaughter instruction. People v. Martinez, 2021 IL App (1st) 190408-U. Defendant now appeals from the trial court's summary dismissal of his initial postconviction petition, arguing that the trial court erred in dismissing his initial postconviction petition where he presented a gist of a constitutional claim that (1) his due process rights were violated by the destruction of the oral swabs; (2) trial counsel was ineffective for damaging defendant's alibi defense and eliciting testimony that bolstered the State's case; and (3) appellate counsel was ineffective for failing to raise these issues on direct appeal. For the reasons that follow, we affirm.

¶ 3 I. BACKGROUND

¶ 4 Defendant was charged by indictment with two counts of first degree murder, with count I charging him with intentionally or knowingly strangling and killing Bozena Staggs with his hands (720 ILCS 5/9-1(a)(1) (West Supp. 2009)) and count II charging him with strangling and killing Staggs knowing that the act created a strong probability of death or great bodily harm (720 ILCS 5/9-1(a)(2) (West Supp. 2009)). Defendant filed a notice of an alibi defense, alleging that he was driving with his then-wife to work at the time of Staggs's death.

¶ 5 Prior to trial, on October 19, 2016, defendant filed a motion to compel forensic DNA testing on swabs taken from Staggs's mouth that revealed the presence of "blood like stains." The swabs were collected during the medical examiner's examination of Staggs's body and remained in the custody of the Chicago Police Department. The police had also collected DNA samples from several men who were known to have had sexual relations with Staggs around the time of her death. The DNA from the oral swabs were never tested against those men's DNA profiles. Defendant requested this testing to be conducted. According to defendant, the blood found in Staggs's mouth could have resulted from Staggs biting her assailant's hands and could be connected to someone other than defendant, which would tend to prove his innocence.

¶ 6 On December 6, 2016, the trial court ordered that the oral swabs be tested. However, on January 6, 2017, the State informed the court that the oral swab had been inadvertently destroyed.

¶ 7 On February 7, 2017, defendant filed a motion to dismiss the indictment based on the destruction of the oral swabs, arguing that the State had a duty to preserve the evidence. The motion asserted that the State filed an answer to discovery in March 2014, which stated that any property inventoried by the Chicago Police Department was available for inspection. The oral swabs were inventoried by police. The State's investigation showed that the oral swabs were destroyed in September 2014. Defendant also argued that Chicago Police Directives did not authorize the destruction of the evidence.

¶ 8 In its response, the State provided the following information regarding the destruction of the evidence:

"On October 12, 2013, Detective Weber picked up from ERPS, 32 inventories that were inventoried in this case. The 32 inventories were turned over to the Cook County State's Attorney's office to be copied for the defense. The oral swabs were not one of the inventories requested by the State, nor were they turned over to the State's Attorney's office. On October 24, 2013, Detective Weber removed the hold for those 32 inventories. Detective Weber inadvertently took the hold off of 2 additional inventories. One of those inventories was *** the oral, rectal and vaginal swabs. On September 11, 2014, the oral, rectal and vaginal swabs were destroyed. The swabs were not categorized as having been from a homicide."

¶ 9 On April 26, 2017, the court denied defendant's motion, finding that the destruction of the evidence occurred due to an unintentional clerical error and had not been in bad faith.

¶ 10 At trial, Daniel Kobylanski testified that he was Staggs's brother. According to Kobylanski, around Thanksgiving in 2010, Staggs abused crack cocaine and worked as a prostitute.

¶ 11 David Mathews testified that he walked his dog down an alley near West Homer Street and Kedzie Avenue, in Chicago, around 7:30 a.m. on Saturday, November 27, 2010. Mathews saw a body in the alley, and approached to see if the person was breathing; she was not, and Mathews did not touch her. Her pants were around her ankles, her neck was discolored, and her eyes were open. Mathews went home and called 911. An ambulance arrived, which he directed to the alley. On cross-examination, Mathews testified that he did not recall the temperature that day but stated it was cold.

¶ 12 Chicago police detective John Valkner arrived at the scene around 9 a.m. At that point, Staggs had been pronounced dead. Valkner's inspection of the scene revealed the following. Staggs had bruising and redness around the neck and behind the right ear. She was wearing a green shirt underneath a white T-shirt, and her jeans and underwear were pulled down to her knees. She wore dirty socks with no shoes. No personal items were found on her person or in the area. She had long, natural fingernails and the forensic investigators had placed bags over her hands to protect any evidence under her nails. Material was later collected from underneath her fingernails, as well as samples of Staggs's blood and DNA. Valkner observed lividity-a purplish internal pooling of blood-on the back of her midsection and buttocks and gravel stuck to her body.

¶ 13 Dr. Michael Eckhardt, an assistant Cook County medical examiner, testified that he did not autopsy Staggs's body, but he reviewed the case file and photographs. Her body was examined at 8 a.m. on November 28, 2010, almost a full day after it had been brought to the office. He testified that, when Staggs's body arrived, rigidity, or rigor mortis, and lividity were fixed, which generally take 8 to 12 hours or 6 to 12 hours, respectively. He confirmed that both may appear in as little as 30 minutes. He further testified that the timing is based on many factors, including temperature. On cross-examination, he testified that cold temperatures could slow down the process of rigor mortis. He also confirmed that an individual who had just died would not show signs of rigor mortis immediately.

¶ 14 Rufus Burks, Jr., Staggs's boyfriend at the time of her death, testified that, in November 2010, Staggs used cocaine and sold sex for money. On November 27, 2010, approximately 3 a.m., he arrived home after working the afternoon and night shift at a pizzeria. Staggs was there when he arrived but she left within an hour. Staggs then returned and left a second time. Burks was awake when Staggs returned and then left a third time around 5 or 6 a.m. He was not aware of what she was wearing when she left the last time, and he assumed that she was leaving that night to work as a prostitute. Around 10 or 11 a.m., Burks called and texted her but could not reach her. He went to work on November 27 and continued his attempts to contact her. While he was at work on November 28, detectives arrived and informed him that Staggs had died. On November 30, Burks went to the police station, was interviewed, and agreed to submit a DNA sample. During his interview, Burks showed the detectives phone numbers of clients Staggs had contacted using his cell phone.

¶ 15 Chicago police detective Ruben Weber testified that he received Staggs's name from the medical examiner's office. Weber learned from Burks and Staggs's family what she did for money. Staggs's cell phone had not been located. Weber obtained her phone number, subpoenaed the phone company for her call logs, and attempted to contact every person who had contacted Staggs around the time of her death. A number of men went to the police station for interviews and provided DNA samples. No evidence connected any of these men to the crime scene or Staggs's death, and Weber ran out of leads in April 2011.

¶ 16 The case went cold until 2013, at which time Weber learned that defendant's DNA was associated with the DNA found under Staggs's fingernails. Weber met defendant at the police station on July 15, 2013, and defendant agreed to submit a DNA sample.

¶ 17 The State entered several stipulations. First, an evidence technician would testify that he collected a buccal swab from defendant and the swab was submitted for DNA analysis. Second, a Chicago police officer would testify that he collected Staggs's clothing, fingernail...