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People v. Kraus12/29/2000
Defendant James A. Kraus appeals a jury conviction and judgment for aggravated reckless homicide. Defendant was convicted of both aggravated reckless homicide and reckless homicide but was sentenced on only aggravated reckless homicide. The circuit court denied defendant's motion to vacate the verdict of reckless homicide as a violation of the one-act, one-crime rule. Defendant appeals.
On appeal, defendant contends the circuit court erred in: (1) refusing specific supplemental questions by defense counsel to three individual prospective jurors regarding the State's burden of proof; (2) allowing the jury to find him guilty beyond a reasonable doubt; (3) instructing the jury; and (4) refusing to vacate his conviction for reckless homicide. We affirm.
During jury selection, the circuit court questioned prospective jurors as a group regarding defendant's presumption of innocence, the State's burden of proof and that defendant's failure to testify could not be considered against him, and permitted defendant to address prospective jurors individually. However, the circuit court refused specific supplemental questions by defense counsel to three individual prospective jurors because the questions mixed the specific charges against defendant with those basic legal principles or were redundant. Defendant exhausted his peremptory challenges.
Trial testimony revealed that on March 16, 1997, David Andrasco was traveling eastbound on 111th Street toward the Burlington Railroad tracks. As he approached the tracks he saw "a body fly" and he pulled off the road to see if he could help. At the same time, John Madden was traveling eastbound on 111th Street when he heard a popping sound and saw a maroon Buick hit someone. Madden then saw the body roll off the top of the car and go up in the air. Madden also pulled over and, after speaking to Andrasco, reentered his car and followed the Buick.
Madden caught up with the Buick approximately one mile away, pulled up next to it and asked the driver if he knew that he had just been in an accident. The driver responded that he did not think he had hit anything. Madden then pointed out the Buick's broken windshield and told the driver that the police were coming. The driver said he would turn around, but pulled into a gas station, exited a different entrance and continued on. Madden noted the Buick's license plate number and returned to the scene of the accident to speak with police.
Oak Lawn police officer Ronald Stoklosa, an evidence technician, testified that he arrived at the scene at approximately 5:35 p.m., while it was still light outside. Officer Stoklosa testified that there was no curb in the area but that there was an eight-foot-wide gravel shoulder. Officer Stoklosa noticed approximately four fresh digs or scrapings in the gravel and some spray, which indicated something moving back to the roadway. Officer Stoklosa photographed the markings with both a Polaroid and a 35 millimeter camera and identified some of the photographs at trial.
Oak Lawn police officer Robert Brewer, a patrol officer and accident investigator, arrived at the scene at approximately 6:30 p.m. Officer Brewer measured and documented the location of all of the evidence and examined the victim's bicycle. Officer Brewer testified that he observed blood spatters and fresh skid marks, scuff marks, and gouge marks in the shoulder of the roadway. The rear wheel of the victim's bicycle was caved in and pinned against the frame of the bike.
Officer Stoklosa ran the license plate number given to him by Madden and went to a residence on Morris Court in Lombard where he saw a vehicle backed into the garage. The vehicle had front-
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