People v. COSMANO
964 N.E.2d 87
Ill. App. Ct.2011Background
- 1981 murder of Milton Rodriguez; case reopened 26 years later as a cold case with new witnesses.
- Cosmano owned Bella's Pizza and was indicted for first-degree murder after investigators pursued leads in 2007–2008.
- Trial featured eyewitness testimony from multiple Bella's Pizza employees and others describing the shooter.
- Defendant was convicted of murder after witnesses identified him or described the shooter; a gun recovered at arrest was discussed at trial.
- Defense challenged closing arguments, inadmissible gun testimony, alleged Brady/Perjury issues, and juror independence; the court upheld the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Closing argument conduct | State exploited Mafia evidence and commented on defendant's burden and hearsay | Prosecutor's remarks were improper and prejudicial | forfeited; no reversible plain error found |
| Gun evidence admission | Gun recovered at arrest linked to case; admissible | Hearsay and propensity implications; improper | Hearing evidence inadmissible but harmless error overall |
| Brady/Perjury concerns | Beamed via discovery issues; no Brady violation | State concealed or misrepresented impeachment material | No Brady violation; correction occurred; harmless in light of other evidence |
| Juror dismissal/bias | Juror prejudice from parking-lot incident; court should dismiss | Trial court abused discretion by not dismissing juror | No abuse of discretion; juror remained capable of fair trial |
Key Cases Cited
- People v. Wheeler, 226 Ill.2d 92 (2007) (egregious closing remarks reviewed de novo)
- People v. Blue, 189 Ill.2d 99 (2000) (closing argument standard there also discussed)
- People v. Anderson, 407 Ill.App.3d 662 (2011) (standard for closing argument (appellate review))
- People v. Williams, 40 Ill.2d 522 (1968) (burden of proof comments during rebuttal)
- People v. Henderson, 142 Ill.2d 258 (1990) (recounts of police investigation in closing argument; harmless under certain conditions)
- People v. Wade, 51 Ill.App.3d 721 (1977) (admissibility of weapon evidence when not identical to used weapon)
- People v. Meredith, 84 Ill. App.3d 1065 (1980) (prosecutor’s sixth amendment right to counsel remarks; reversible error when prejudice not cured)
- People v. Rivera, 277 Ill.App.3d 811 (1996) (out-of-court identification remarks; reversible error when prejudicial)
- People v. Beaman, 229 Ill.2d 56 (2008) (Brady material; materiality standards)