People v. Santiago
350 Ill. Dec. 802
| Ill. App. Ct. | 2011Background
- Defendant Diego Santiago, an alleged member of the Maniac Latin Disciples, was charged with first degree murder, conspiracy to commit first degree murder, and unlawful use of a weapon by a felon for the Dec. 28, 2006 death of Epifanio Santos Jr. at Armitage and Tripp, Chicago.
- Codefendants Adorno and Logan pleaded guilty to conspiracy to commit first degree murder; Adorno and Logan provided videotaped statements and testified at plea hearings; both witnesses testified inconsistently at trial about Santiago's involvement.
- The State sought to introduce the codefendants’ prior statements and plea-hearing testimony, and to reference their guilty pleas during testimony and closing arguments, despite the defendants not presenting direct eyewitness testimony.
- Adorno and Logan testified inconsistently at trial, claiming the shooter was Casper and that Santiago was not present; prior statements and plea-hearing materials were admitted under section 115-10.1 and other authorities.
- Jury found Santiago guilty of first degree murder as the person who personally discharged the gun; he was sentenced to 30 years for the murder plus 25 years for discharging a weapon in the course of the offense; the appeal followed.
- The appellate court affirmed, rejecting plain-error challenges to the admission of multiple prior inconsistent statements and the use of co-defendants’ guilty pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of multiple prior inconsistent statements was error under plain error | Santiago argues Johnson/Maldonado barred multiple inconsistent statements | Santiago contends the rule against repeated priors was violated | No error; Johnson/Maldonado control; not plain error |
| Whether references to co-defendants’ guilty pleas improperly suggested guilt | Prosecutor implied guilt by highlighting pleas and sentences | Statements did not argue defendant’s guilt by association | No error; Sullivan distinguished; no plain error |
Key Cases Cited
- People v. Johnson, 385 Ill.App.3d 585 (2008) (multiple inconsistent statements admissible when witness impeached; substantial evidence)
- People v. Maldonado, 398 Ill.App.3d 401 (2010) (reaffirmed Johnson on multiple inconsistent statements)
- People v. Sullivan, 72 Ill.2d 36 (1978) (accomplice confession not admissible to prove defendant's guilt in opening/closing)
- People v. Edwards, 309 Ill.App.3d 447 (1999) (codefendant's guilty plea testimony admissible; not reversible)
- People v. Arroyo, 339 Ill.App.3d 137 (2003) (disclosures of codefendant conviction improper; context-specific)
- People v. Stover, 89 Ill.2d 189 (1982) (risk of guilt by association; limits on admitting co-defendant pleas)
- People v. Montgomery, 47 Ill.2d 510 (1971) (impeachment standards under Montgomery; federal rules)
- People v. Piatkowski, 225 Ill.2d 551 (2007) (plain error framework; two-prong test)