People v. Spears

1

2024 IL App (1st) 181491

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DUAVON SPEARS, CORNEL DAWSON, ANTWAN DAVIS, and CLIFTON LEMON, Defendants-Appellants.

Nos. 1-18-1491, 1-18-1818, 1-18-1819, 1-18-1820

Court of Appeals of Illinois, First District, Second Division

May 14, 2024

Appeal from the Circuit Court of Cook County. No. 13 CR 13349 Honorable Michael B. McHale, Judge, Presiding.

Attorneys for Appellant: James E. Chadd, Douglas R. Hoff Alexander G. Muntges, Sarah Curry, and Daniel H. Regenscheit of State Appellate Defender's Office, of Chicago, for appellants Duavon Spears, Cornel Dawson, and Clifton Lemon.

Richard Dvorak, of Dvorak Law Offices, LLC, of Willowbrook, for other appellant.

Attorneys for Appellee: Kimberly M. Foxx, State's Attorney, of Chicago (Enrique Abraham, Iris G. Ferosie, and Sara McGann, Assistant State's Attorneys, of counsel), for the People.

JUSTICE COBBS delivered the judgment of the court, with opinion. Presiding Justice Howse and Justice Ellis concurred in the judgment and opinion.

OPINION

COBBS, JUSTICE

¶ 1 Defendants-appellants Duavon Spears, Cornel Dawson, Antwan Davis, and Clifton Lemon and more than a dozen other men were indicted on various charges as the result of a wide-sweeping investigation into the New Life Black Souls (NLBS) street gang. The State proceeded to trial against defendants on one count of racketeering conspiracy under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (RICO statute) (720 ILCS 5/ art. 33G (West 2012)) and one count of criminal drug conspiracy (720 ILCS 570/405.1 (West 2012)). Defendants were tried jointly by a single jury alongside two other men named in the same indictment, Teron Odum and Ulysses Polk.^[1] The jury convicted each defendant on both counts. Each defendant was also sentenced to multiple concurrent life sentences for racketeering conspiracy, which were to run consecutively to a 40-year term for criminal drug conspiracy. We now remand the matter for further inquiry into allegations of juror misconduct and, if a new trial is not necessary, resentencing for criminal drug conspiracy.

¶ 2 I. BACKGROUND

¶ 3 A. Electronic Surveillance Orders

¶ 4 As part of the investigation into the NLBS, the Cook County State's Attorney's Office sought four electronic surveillance orders (ESOs) authorizing the interception of private communications pursuant to article 108B of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/art. 108B (West 2012)). Specifically, law enforcement sought to wiretap Cornel Dawson's van and three of Dawson's cell phones. Each application was signed by then-First Assistant State's Attorney (ASA) Shauna Boliker and stated, in relevant part:

"I, Shauna Boliker, being duly sworn, deposes and says:

[ ]I am the First Assistant State's Attorney of Cook County, Illinois, and as such, I am duly designated to make this application, and I am authorized by law to investigate[,] prosecute and participate in the prosecution of the SUBJECT OFFENSES noted below which are the subject of this application."

¶ 5 The presiding judge of the criminal division of the circuit court of Cook County granted the State's wiretap requests, as well as several subsequent requests for extensions of those wiretaps.

¶ 6 Prior to trial, defendants filed a motion to suppress the wiretap evidence, arguing that the ESO applications violated federal and Illinois law because they were not authorized by then-Cook County State's Attorney Anita Alvarez. Following a hearing, the trial court denied the motion to suppress. In ruling that the State's applications complied with article 108B of the Code, the court relied on various cases allowing an ASA to apply for a consensual overhear under article 108A of the Code (725 ILCS 5/art. 108A (West 2012)). The court also concluded that, even if the State's applications did not strictly comply with article 108B, the error would be "a technical defect and would not require suppression."

¶ 7 B. Jury Trial

¶ 8 The case proceeded to a jury trial, which lasted more than six weeks and involved the testimony of over 100 witnesses. As such, we distill the voluminous record only to the extent necessary to resolve the issues raised on appeal.

¶ 9 1. History of the Black Souls

¶ 10 Retired Chicago police detective John Rawski, the State's gang expert, testified regarding the history of the Black Souls. He explained that in the 1990s, Dwayne Lemon and Kevin Mitchell were the leaders of a gang known as the Impression Black Souls. At that time, the Impression Black Souls' territory spanned from Pulaski Road to Keeler Avenue (east to west) and from Madison Street to the Eisenhower Expressway (north to south). The Impression Black Souls made money through drug sales, primarily on Wilcox and Monroe Streets.

¶ 11 Following a "rift" in the mid-1990s, some members of the Impression Black Souls broke off and formed a new faction called the New Life Black Souls. Dwayne Lemon became the first leader of the NLBS, a position he held until he was murdered in 1999 as part of a territory dispute with the Impression Black Souls.^[2] Dawson, Dwyane Lemon's nephew, became the new leader of the NLBS after his uncle's death. The NLBS made money through robbery, kidnapping, extortion, and drug sales.

¶ 12 2. Defendants' Membership and Rank in the NLBS

¶ 13 Detective Michael Lipsey, an expert in the field of narcotics law enforcement, testified to the general structure of a typical drug-dealing enterprise. He explained that the top of such an organization consisted of suppliers-those who "supply the drugs in bulk"-and overseers-those who "actually run[ ] the drug operation." Below them are managers, individuals who "oversee the people out on the street selling drugs, making sure that they're doing what they're supposed to do." Next are pack runners who "run the packs" of drugs to the street-level dealers, who in turn actually sell the drugs to customers. Based on his investigation into the NLBS, Detective Lipsey opined that Dawson, Davis, Polk, and Odum all held some rank higher than street dealer. Lipsey did not opine on Lemon's possible rank in the gang's hierarchy.

¶ 14 Several former members and associates of the NLBS also testified to defendants' ranks within the gang. Former member Orlando Benamon testified that Dawson was the "leader" of the NLBS in the early 2000s. As the leader, Dawson gave orders to other members and meted out "violations" when members broke the rules. Benamon, a lower-ranking member, sold drugs on the street and acted as armed "security" for "the older guys," including Dawson, Odum, and Lemon.

¶ 15 Another former seller for the NLBS, Learies Brown, gave a handwritten statement to ASA Holly Kremin in which he identified Dawson as "the Chief of the Black Souls, meaning the head of the gang." All members had to call Dawson "Chief" out of respect. As Chief, Dawson "always g[ot] a cut of the money when a person sells his drugs." Odum was the "Commander" or second in charge. Polk was "one of the top runners for the Black Souls" and "control[led] the 4100 block of Wilcox." Spears was also a pack runner in the 4100 block of Wilcox Street. Similarly, Davis was "a top runner for the Black Souls at Monroe and Pulaski." Runners received drugs from Dawson and distributed them to the sellers. The runners would then collect money from the sellers and turn it in to Dawson. According to Learies Brown, Lemon was "associated with the Black Souls because of his brother," former Chief Dwayne Lemon.

¶ 16 Jubali Stokes testified that he sold drugs for the NLBS in 2002. At that time, Dawson was the Chief, and Davis, Odum, Polk, and Lemon were also all members.

¶ 17 Alex Williams, who was a paid confidential informant in the investigation, testified that he became friends with Dawson in 1994 when they met in the Cook County jail. At that time, Dawson was in the Black Souls but was not a ranking member. When Williams was released from prison in 2002, he reunited with Dawson and learned that he was now Chief of a new faction called the New Life Black Souls. Through Dawson, Williams met many other members of the NLBS such as Odum, Davis, Polk, and Lemon. As the highest-ranking members, Dawson and Odum would "oversee[ ]" the "little guys out there selling drugs" and "mak[e] sure the block was getting ran like it [was] supposed to get ran."

¶ 18 Williams was arrested in 2004 and returned to prison. Upon his release in 2011, Williams again reconnected with Dawson, who was still Chief of the NLBS. From 2011 on, Williams spent much of his time with Dawson in NLBS territory, often in the parking lot of Baba's Restaurant, a popular NLBS hangout and meeting place located at Pulaski Road and Monroe Street. Williams testified that Odum, Polk, Davis, Lemon, and other NLBS associates also frequented the area from 2011 to 2013.

¶ 19 During his time with the NLBS, Williams observed members selling drugs on Monroe Street and Pulaski Road and saw Dawson collect money from them. Odum, Davis, and Polk also passed out drugs to sellers and collected money from them. Williams saw Lemon in the area during this time but did not see him actively participate in the drug trade. Williams testified that Lemon would "[j]ust basically be around." Additionally, Odum and Spears supplied Williams with marijuana and allowed him to sell it in NLBS territory in exchange for some of the profits.

¶ 20 Deandre Pierce testified that he sold heroin for the NLBS off and on from 2011 to 2013. In a written statement taken by ASA Daniel Hanichak, Pierce stated that Dawson was Chief meaning the "leader of all the Black Souls in the area." Dawson "r[an] that area," and "everyone answer[ed] to [him]." Dawson...