A recent Illinois appellate case involved first-degree murder and aggravated battery with a firearm conviction. The case arose when the defendant fatally shot one victim and tried to kill the other. He was charged with first-degree murder, aggravated battery with firearm, and attempted murder. Before trial, the prosecution filed two motions to admit evidence of other crimes by the defendant. One involved the defendant shooting someone in the back.
The other motion said that the defendant had talked about a pending murder case with his cellmate, and the defendant approached the cellmate with a list of witnesses, asking the cellmate to take care of them. The cellmate thought this meant the defendant wanted them killed, and he gave the list to the sheriff. The investigator assigned an officer to pretend to be a hit-man and taped a phone call in which the defendant asked the undercover officer to come to the jail, where he asked the undercover officer to get rid of the witnesses. The prosecution wanted to use evidence of these events to show the defendant was conscious of his guilt.
The trial court found that the evidence related to the shooting of a bicyclist in the back was admissible to prove identity. It also held that the evidence of soliciting murder could be admitted to prove consciousness of guilt. The bicyclist testified that he’d known the defendant for three years at the time he was shot in the back.