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Anthony Sumner, a former El Rukn gang member, testified that he spoke with defendant Hawkins at Hawkins’ home several days after the shooting. He testified that Hawkins told him that Hawkins, Fields, George Carter and Hank Suddleman “got” Smith.
Sumner testified that Hawkins told him that the four men rode around on the day of the shooting until they saw Smith. They then parked the car, and two persons got out of the car, shot Smith, got back into the car and drove off. Hawkins indicated that they had used Hank Suddleman’s car in the shooting.
Sumner also testified that he spoke with defendant Fields at the El Rukn headquarters several days after the shooting.
Sumner testified that he told Fields that he (Sumner) had heard that Fields was involved in the shooting of “Fuddy” Smith, to which Fields responded, “It was good exercise.”
Sumner also testified as to how he came to be a witness for the State. He admitted that, in May 1985, the police raided the Cleveland house in which he was hiding out with several other El Rukn gang members. When questioned by the police, Sumner implicated himself and other El Rukn gang members in various crimes.
Specifically, Sumner implicated defendants Hawkins and Fields in the murders of Jerome Smith and Talman Hickman. Sumner also implicated himself, Hawkins and Fields in another double murder. Sumner subsequently testified before a grand jury, implicating various El Rukn gang members in more than seven criminal cases. Sumner also testified that he accompanied defendants Hawkins and Fields to the home of Joseph White and Dee Eggars Vaughn and was present when the defendants killed those individuals. Sumner had no agreement with the State and was not charged with any crimes at the time of his grand jury testimony.
On cross-examination, Sumner admitted that, after returning to Chicago, he met with Charles Murphy, an attorney who represented several El Rukn gang members, and gave a statement indicating that he had lied to the police and had implicated El Rukns in various crimes only after the police beat him and threatened to charge him with an unrelated triple murder. Two weeks later, Sumner met with defendant Hawkins’ attorney and several other attorneys and gave another statement, in which he claimed that the information he gave to the police regarding the murders of Jerome Smith and Talman Hickman was untrue and that none of the persons he had named had ever admitted any involvement in criminal activity.
On redirect, Sumner testified that the two statements he gave to Charles Murphy and to other attorneys representing El Rukns were untrue. He explained that he returned to Chicago because he feared for the safety of his children. He testified that he spoke with Samuel Knox, an El Rukn general, who told him that Jeff Fort had agreed not to harm Sumner’s family if Sumner cooperated.
At Knox’s urging, Sumner met with Charles Murphy, one of Jeff Fort’s attorneys, and gave a statement saying that the police beat him. He testified that Samuel Knox also told him to make the second statement to other attorneys and drove him to the attorney’s office where he made the statement.
Sumner testified that he spoke with Knox immediately before and after giving both statements. After giving the statements, Sumner fled to Detroit to avoid being charged with the murders of Joseph White and Dee Eggars Vaughn. Sumner testified that he was later arrested in Detroit and charged in Chicago with the murders of White and Eggars Vaughn. He subsequently entered into an agreement with the State under which the murder charges were dropped in return for Sumner’s agreement to testify truthfully to all activities concerning El Rukn gang members and to plead guilty to conspiracy to purchase drugs.
The defendants argue too that the testimony of the witnesses for the State was directly contradicted by testimony of the defense witnesses. They point out that both Cleveland Ball and Cornell Jefferson testified that the gunmen never removed their ski masks before entering the car parked on Langley. They also note that Carlos Willis and Torrence White testified that Randy Langston was with them at the time of the shooting and ran with them away from the building after hearing gunshots. The defendants claim that this testimony demonstrates that Randy Langston did not have sufficient opportunity to observe the gunmen. They also argue that three of the State’s witnesses were members of the Goon Squad street gang and were motivated by gang rivalries to testify against the defendants, who were members of the El Rukn street gang.
Fields raises two additional challenges to his convictions. He first contends that the trial court committed reversible error when it allowed Anthony Sumner to testify that he observed Allen Knox, a general in the El Rukn gang, sitting in the courtroom during Sumner’s trial testimony. Although the defendant objected to this testimony at trial, he failed to raise the issue in his post-trial motion, thereby waiving it for the purpose of this appeal.
The State of Illinois, Appellee, v. Nathson Fields, Appellant. The State of Illinois, Appellee, v. Earl Hawkins, Appellant. Supreme Court of Illinois. 135 Ill. 2d 18 (1990). 552. Opinion filed February 16, 1990. Rehearing denied April 9, 1990
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