People v. Woods

1

2024 IL App (1st) 220173-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY WOODS, Defendant-Appellant.

No. 1-22-0173

Court of Appeals of Illinois, First District, Sixth Division

July 19, 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. 12 CR 13338 Honorable Michele McDowell Pitman, Judge, Presiding.

PRESIDING JUSTICE ODEN JOHNSON delivered the judgment of the court. Justices C.A. Walker and Tailor concurred in the judgment.

ORDER

ODEN JOHNSON PRESIDING JUSTICE

¶ 1 Held: Trial court properly granted the State's motion for reconsideration of the previously entered new trial order based on ineffective assistance of counsel where defendant failed to establish the prejudice prong of Strickland; trial court did not err in preventing defendant's trial counsel from attempting to impeach a State witness with a misdemeanor case; the State did not improperly inflame the jury's passions with statements during closing argument; and defendant is entitled to a new sentencing hearing where the trial court did not substantially comply with the requirements of Illinois Supreme Court Rule 401 (eff. July 1, 1984).

¶ 2 Following a jury trial, defendant Larry Woods was convicted of the June 2012 first degree murder of his 16-year-old daughter while armed with a firearm. After trial, defendant made pro se allegations of ineffective assistance of counsel, and posttrial counsel was appointed after a preliminary Krankel hearing. Posttrial counsel subsequently filed a motion for new trial alleging ineffective assistance of counsel which the trial court granted. The State subsequently filed a motion for reconsideration of the trial court's order. This motion was also granted, resulting in a vacatur of the order for new trial and reinstatement of the defendant's conviction. Defendant was subsequently sentenced to 62 years' imprisonment.

¶ 3 On appeal, defendant contends that: (1) trial counsel was ineffective for failing to (a) request an adverse inference jury instruction, (b) cross-examine Detective Weeden about more than nine hours of missing video footage that he chose not to preserve, and (c) visit or consult with defendant before trial about his case; (2) the trial court erred in (a) preventing defendant from impeaching Rachel Canevello with her misdemeanor false report to 911 conviction, (b) allowing the State to tell the jury that justice demanded a guilty verdict during closing argument which improperly inflamed the jury's passions, and (c) these errors were not harmless beyond a reasonable doubt; and (3) defendant is entitled to a new sentencing hearing because the trial court failed to re-admonish him pursuant to Supreme Court Rule 401 (eff. July 1, 1984) when he opted to proceed pro se during sentencing. For the following reasons, we affirm defendant's convictions and remand for a new sentencing hearing.

¶ 4 BACKGROUND

¶ 5 Defendant was charged with the murder of his 16-year-old daughter, Gloria Woods. Defendant and his daughter stayed at the Best Motel and Suites (motel) in Dolton, Illinois between June 19 and June 20, 2012. Her body was found by motel staff on the morning of June 20, 2012. Defendant's trial commenced on July 25, 2016.

¶ 6 The State's evidence at trial consisted of testimony from Gloria's mother, Danielle Allen; defendant's girlfriend Ieshia Clark; the mother of two of defendant's children, Rachel; several of the motel's employees several police officers; and stipulations related to Gloria's autopsy and DNA evidence. Defendant was represented at trial by Assistant Public Defender (APD) Tom Justic.

¶ 7 Danielle testified that she last spoke to Gloria, whose nickname was "Poohda," on June 18, 2012. Gloria was visiting defendant and his girlfriend, Ieshia, in Gurnee where they lived with their children; they were supposed to go to Great America the following day. On June 20, 2012 Danielle got a voicemail from defendant asking if Gloria was with her; she responded that Gloria was with him. Danielle spoke with Ieshia to see if Gloria was with her and later went to the motel to look for Gloria. Danielle testified that she constantly called Gloria and defendant but received no answer; the next time she saw Gloria was at the morgue.

¶ 8 Ieshia testified that she, defendant and their two children lived in Round Lake, Illinois in June 2012. The family had plans to go to Great America on June 19, 2012, and Ieshia was driving a white SUV that her mother rented for her. She testified that she let defendant drive the white SUV and they were all in the south suburbs of Chicago on June 18, 2012; but not all together as Ieshia and her children stayed at her mother's home in Lansing, and defendant and Gloria stayed at his father's home in Dixmoor. Defendant told her that he was taking care of some things and that Gloria wanted her hair braided. The following morning, June 19, 2012, Ieshia spoke with Gloria and headed to Dixmoor to pick her up from defendant's father's home. When she arrived, Gloria was not there, and leshia learned that defendant had already picked her up in the white SUV. leshia heard Gloria in the background while she was on the phone with defendant and Gloria indicated that her phone was dead. After dropping her two children off with a sitter in Hazel Crest, Ieshia went home and went ahead to Great America at approximately 9 a.m. or 10 a.m. Defendant and Gloria were supposed to meet her at Great America, and she spoke with defendant several times about when he would arrive. Defendant indicated that he would be on the way once he finished working and Gloria got her hair done. She called him several times during the day, and he indicated that Gloria could not get her hair braided. Ieshia eventually stopped calling him, and she left Great America at approximately 7 p.m. or 8 p.m. She called defendant when she left Great America, and he told her that he was still pretty busy and would take Gloria to Great America another time. After speaking to defendant, Ieshia got a ride to Dixmoor where she met defendant. Gloria was not with him, and he told her that Gloria had been picked up, although he did not say by whom. Ieshia and defendant picked up their children from Hazel Crest and then returned home to Round Lake. Ieshia tried to call Gloria several times but did not get an answer. The next morning, Ieshia unsuccessfully attempted to reach Gloria, before calling Gloria's sister, Diamond, and her mother, Danielle. Danielle stated that she had not picked Gloria up from anywhere, and defendant had left home, heading back to the south suburbs to try and find Gloria. Defendant went to Dixmoor and then back to the motel in Dolton to see if Gloria was there. Ieshia stated that defendant told her that Danielle was supposed to pick her up.

¶ 9 Motel staff also testified for the State: Brenda Lazard, Ladonna Sapp, Mariela Jackson and Nathan Peoples. Peoples worked as the front desk clerk at the motel overnight from June 18 to June 19, 2012. Around midnight on June 19, defendant arrived at the hotel in a white SUV. Defendant and his uncle completed a registration form for Room 111 and received a keycard at approximately 12:13 a.m. At approximately 1:42 a.m., a woman completed a registration form for Room 106 and received a keycard. Peoples viewed video clips showing the outside of the motel and the night front desk area and confirmed that they were true and accurate recordings.

¶ 10 Lazard testified that she worked at the motel on June 19, 2012. Shortly after 11 a.m., a young lady extended Rooms 106 and 111 for four hours. Later that afternoon but before the four hours' expired, defendant extended Room 111 overnight. She stated that defendant was "acting a bit weird" and when he noticed Lazard looking at him, he stated that he had just smoked marijuana. Another woman came into the office, and he told her that "baby girl was sleeping" and he "just didn't have the heart to wake her up." Lazard viewed the video clip that showed defendant in the office extending the room overnight and stated that it truly and accurately depicted what occurred at 13:51 hours on June 19, 2012.

¶ 11 Jackson testified that she worked at the motel as a housekeeper on June 19, 2012, and was responsible for Room 106. When she went to Room 106, she saw a man and a woman there who said they were thinking of staying another day but were unsure. Jackson previously saw the woman go to Room 111 and a teenaged girl opened the door. Jackson also worked on June 20, 2012, and was responsible for Room 111. When she arrived at the room at approximately 10:44 a.m., she saw the same teenager lying down and thought she was relaxing. But when Jackson opened the door, she "noticed something different." She went to her boss and told her that something was wrong with the girl in Room 111. Jackson described the video clip as true and accurate video footage of what she described.

¶ 12 Sapp testified that she was a new manager at the motel in June 2012. At that time, the motel had a video surveillance system, and she was trained in its operation. The morning of June 20, 2012, she was mopping when one of her employees came in and told her to "come now." They went to Room 111 and Sapp saw a body lying in the bed. She did not enter the room but called out "ma'am" but there was no response. Sapp closed the door, told housekeeping not to enter and called the police. Later, Sapp met with a detective about the surveillance system, along with the owners of the motel. She testified that the system was working correctly during the period of June 18 through June 20, 2012. Sapp and the owners instructed the...