Transcripts trial susan daquila




















Cerda, P. Defendant Susan D'Aquila was convicted of murder Ill. On appeal, defendant contends that 1 the trial court violated defendant's right to due process when it issued too severe a sanction for defense counsel's failure to turn over discovery material; 2 the trial court committed reversible error when it failed to allow the jury to review trial transcripts of defendant and another witness' trial testimony during jury deliberations; and 3 the extended-term sentence imposed by the trial court is excessive and should be vacated.

We affirm. On November 2, , defendant married the victim, Anthony D'Aquila Anthony , who suffered from club feet, scoliosis and arthritis of the hands. Upon arriving at the embankment, defendant and Johns partially disrobed Anthony and pushed him into the shallow water. After Anthony walked out of the water, Kandle and Stevenson left the group to get beer.

Anthony was seated on a concrete embankment adjacent to the river. Johns walked behind Anthony while defendant was holding Anthony's hand. Suddenly, defendant pulled Anthony forward while Johns pushed him from behind into the deep water.

Anthony submerged, came up once and yelled, "Save me! When Kandle and Stevenson returned to the embankment with beer, they saw Johns, Heard and defendant running toward the street with Anthony's pants and belt. Johns gave Kandle and Stevenson the victim's pants and belt and instructed Kandle and Stevenson to burn them.

Kandle and Stevenson testified that they burned the pants, but hid the belt in case "[defendant] did something to them. The following day, Riverside police sergeant John Augustine went to the D'Aquila's home to talk with defendant.

When Sergeant Augustine told defendant that the police found a body that they believed to be Anthony, defendant pretended to be surprised and told Sergeant Augustine that she was expecting Anthony to arrive for a barbecue in a few minutes. Sergeant Augustine asked defendant to go to the morgue to make an identification of the body.

Defendant stated that she would, but she never went to the morgue to make a positive identification of her husband's body. On June 5, , defendant and Johns were arrested and charged with murder and concealment of a homicide. Kandle, Stevenson and Heard were also arrested and charged with concealing a homicide. The charges were subsequently dropped against Kandle, Stevenson and Heard.

They each testified at the trial of the defendant. Prior to defendant's marriage to Anthony, defendant told a witness that she was going to marry Anthony for his money, "hustle him" and then kill him. On numerous occasions during their seven-month marriage, defendant told several witnesses that she was going to kill Anthony, stating to one witness that she was going to push her husband down a flight of stairs so that it would look like an accident.

Following her arrest, defendant initially told the police that she had been out eating tacos with the group in Riverside, Illinois, and had not been anywhere near the Des Plaines River embankment on May 29, After being told by the police that two parking tickets were issued to her automobile at or near the Des Plaines River embankment at p. At trial, defendant testified that she witnessed either Heard or Johns push Anthony into the water and that she attempted to save her husband's life but was knocked to the ground by Heard.

Defendant further testified that Johns threatened to kill her daughter if she implicated him in the killing, and it was for this reason that she did not cooperate with the police. The trial court ruled that the murder was accompanied by exceptionally brutal and heinous behavior and sentenced defendant to serve an extended term of 60 years' imprisonment in the Illinois Department of Corrections. Nathan reminded them to keep their masks on, except while eating. The jury had begun deliberating late Monday, working less than an hour before going home after closing arguments consumed most of the day.

The jury is deciding whether Maxwell, 59, assisted her former financier boyfriend in the sexual abuse of teenage girls from to Prosecutors say she recruited and groomed the girls, making them feel that sexualized massages of Epstein were normal behavior.

Farmer, a year-old psychologist, was the only one of four accusers who used her full, real name on the stand. She testified that Epstein held her hand and touched her inappropriately at movies in New York and New Mexico and that Maxwell touched her breasts during a massage in New Mexico when she was She also said Epstein climbed into bed with her and pressed himself against her before she fled to a bathroom until he left her room.

Jane said she was 14 when she met Maxwell and Epstein, and alleged that the pair fondled her together. We disagree. During cross-examination of Heard, defense counsel sought to question him regarding the existence and contents of two letters he had written to defendant. The two handwritten letters from Heard to defendant, written from prison shortly after their arrests, contain statements of Heard's affection for defendant, poetry, and various proclamations of Heard's belief that defendant will be acquitted of the crimes for which she was charged.

Defendant contends that the trial court abused its discretion when it precluded defense counsel from questioning Heard regarding the contents of the letters because defense counsel had not disclosed the existence of the letters to the prosecution prior to trial.

This contention is without merit. A defendant is obligated to furnish the prosecution any tangible objects he intends to use as evidence or for impeachment at a hearing or trial.

In the event a defendant fails to comply, the trial court may order such party to permit the discovery of material and information not previously disclosed, grant a continuance, exclude such evidence, or enter such other order as it deems just under the circumstances.

In precluding the use of the letters during cross-examination, the trial court stated that "this case fits into the category of willful misconduct for which the severe sanction of preclusion is justified to protect the integrity of the judicial process. Accordingly, we hold that the trial court did not abuse its discretion.

People v. Morgan , Ill. Illinois , U. Defendant's next argument concerns two notes the jury sent the trial court while it was deliberating. In its notes, the jury asked the trial court for the transcripts of the testimony of defendant and Heard.

The trial court responded to each of the notes: "The transcripts are not available. You have all the evidence. The decision to furnish the jury with transcripts of testimony rests within the discretion of the trial court.

Absent an abuse of discretion, the trial court's decision will not be disturbed on review. Franklin , Ill. Olinger , Ill. Pierce , 56 Ill. There is nothing to demonstrate that the trial court abused its discretion in the present case. As a result, defendant's argument is without merit.

In addition, we conclude that any error that may have been committed by the trial court would be harmless error. The State presented overwhelming evidence of defendant's guilt. The State presented four witnesses who testified that they heard defendant say that she planned or wanted to kill Anthony. Also, Heard described the events that transpired at the river embankment, and testified that defendant stated to him after the incident, "Thank god it's over.



0コメント

  • 1000 / 1000