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}); Copyright 2015 . Defendant contends next that the trial court erred in quashing her subpoenas and asserts she should have been granted an evidentiary hearing on her motion to suppress based on the material sought in those subpoenas. After denial of defendant's motion to suppress, trial commenced. In addition, Cummings testified that, at 4 a.m. in the police station, after he had been advised of his rights, defendant initially denied involvement in McCoy's murder. While searching the apartment, the police told him to get dressed, giving him some of his clothes; they did not, however, provide him any underwear or socks. The subpoenas also sought official police photographs of all officers on duty at Area 2 during the time she was interrogated in connection with McCoy's murder. 604, 645 N.E.2d 856 (1994). People v. Feagans, 134 Ill.App.3d 252, 89 Ill.Dec. After discussing the fourth amendment issue, Judge Toomin continued: The other ground that the court notes from the motion is centered in both the 5th and 6th Amendments alleging a denial of her right to have an opportunity to consult with counsel, coupled with repeated questioning of her over a long period of time during which she was allegedly held incommunicad [o] *** and also that her will was overborne and she was impliedly coerced by the detective involved here., After a very lengthy recitation of defendant's testimony at the evidentiary hearing, Judge Toomin specifically said that defendant testified she was questioned repeatedly, though she asked to call Edward Vrdolyak [sic] who she considered to be her attorney.. 2052, 2064-65; People v. Davidson (1990), 196 Ill.App.3d 634, 638, 143 Ill.Dec. Certainly, the failure to file or to present a viable motion to suppress could constitute ineffective assistance of counsel (see People v. Brinson (1980), 80 Ill.App.3d 388, 35 Ill.Dec. With respect to her fourth amendment claim, he found that defendant had voluntarily accompanied police to the station. In the absence of an agreement of the parties, medical reports are not admissible without the foundation testimony of the persons who made the entries in the record. See M. Graham, Cleary & Graham's Handbook of Illinois Evidence 602.1, at 369 (7th ed.1999). The PEOPLE of the State of Illinois, Plaintiff-Appellee, The trial court overruled the objection, stating that defendant could look at the records while testifying, but could not read from them. david ray mccoy sheila daniels chicagosteve jacobson fairway net worth. David Ray McCoy- Tragic Death Of Da Brat Father - Doveclove In connection with the motion to suppress, defendant filed two subpoenas duces tecum upon the City, requesting, inter alia, the production of all documents relating to disciplinary complaints against any of the officers at Area 2 who were expected to be called as witnesses at her trial. There is no question that a criminal defendant's prerogative to testify at his own trial is a fundamental right; the question of the exercise of that right is thus not a matter of a strategic or tactical decision best left to trial counsel. Six days later, Daniels was arrested after the murder weapon, a .25-caliber Beretta, was traced to her. The special circumstances present in Jones was the fact that the appellate court had previously reversed the defendant's conviction and held that the trial court's denial of a motion to suppress as to one of three statements was erroneous. However, during an episode of Lisa Rayesprior reality show,she cried uncontrollably as she and her daughter visited her dads grave site. 767, 650 N.E.2d 224. Who Is Da Brat's Father? David Ray McCoy Passed Away Early Business man & Millionaire. Upon remand, the State filed a petition for a hearing on attenuation. 0. david ray mccoy sheila daniels chicago. After defendant let the officers into his apartment, the police asked him his name and, when he answered, they placed him under arrest, advising him of his constitutional rights. She testified that she told him to sign the papers so they could go home but Tyrone refused. 20, 595 N.E.2d 83 (1992). Thus, it is the position of *** defendant that the only law of the case in this case is the law pronounced by this court in its opinion in [Daniels I]. 256, 637 N.E.2d 992 (1994) (Hobley I), and People v. Hobley, 182 Ill.2d 404, 231 Ill.Dec. Hinton, 302 Ill.App.3d at 622, 236 Ill.Dec. However, [i]n a criminal case, where one party is successful in contesting a pretrial order on appeal, reversal and remandment does not preclude the trial court from considering other issues originally raised in the pretrial proceedings but not finally determined by the appellate court on the merits. [People v. Feagans, 134 Ill.App.3d 252, 257, 89 Ill.Dec. Defendant then wiped all fingerprints off Sheila's gun and left it in the car by McCoy, locking all the doors of the car, which he left there. In People v. Maxwell, 173 Ill.2d 102, 219 Ill.Dec. After defendant told police where Anthony lived, he was picked up and taken to the police station. After the defense rested, the State objected to the admission of the medical records into evidence, on the ground that a proper foundation had not been laid. According to Cummings, defendant stated that Sheila Daniels shot McCoy in the back of his head while McCoy was seated in his car in his garage. It is undisputed that the person or persons who made the entries on the records defendant attempted to have admitted at trial did not testify. david ray mccoy sheila daniels chicago - vcasket.com 308, 417 N.E.2d 1322 (1981). Thereafter, defendant drove McCoy's car to an alley near McCoy's place of business, with Sheila following in her own car. 321, 696 N.E.2d 313. David was found dead in 1988 in the back seat of his car. On November 12th, 1988, David Ray McCoy (shown above with Lisa Raye) was discovered shot to death in the back seat of his Cadillac in a Southside Chicago alley. Indeed, Tyrone raised this issue in his appeal. This ruling meant that defendant was allowed to testify to the content of the medical records. At 11:40 p.m., defendant was advised of her Miranda rights and agreed to take a polygraph exam, which lasted about 21/212 hours. He died at the age of 52 years . We stated that, Pursuant to Hobley II, defendant's argument fails. Specifically, defendant contends that his trial counsel failed to effectively present his motion to suppress; failed to effectively argue the applicable law regarding accountability; successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels; and refused to permit him to testify at trial. Defendant appears to be redrafting motions to suppress, after having the benefit of Judge Toomin's ruling and our affirmance of that ruling, in an attempt to put a new spin on an old motion. In Daniels I, this court noted, Prior to trial, defendant moved to quash her arrest and suppress statements on grounds that she was illegally arrested in her home without a warrant and that she was denied access to her attorney. Daniels I, 272 Ill.App.3d at 331, 208 Ill.Dec. Following a second jury trial before Judge Joseph J. Urso, defendant was again convicted of first degree murder and was sentenced to 80 years' imprisonment. Sheila then entered the interrogation room and, after hugging defendant, told him loudly "to do whatever they say to do, we was (sic) gone (sic) go home and everything was gone (sic) be all right." Defendant sought a hearing on her motion to suppress. This court rejected all of these arguments, finding that the circuit court properly denied her motion to suppress. Daniels I, 272 Ill.App.3d at 336, 208 Ill.Dec. 38, par. In so ruling, the Court stated that the ultimate determination for whether a defendant is in custody for Miranda purposes involved [t]wo discrete inquiries ***: first, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. Thompson, 516 U.S. at 112, 116 S.Ct. Defendant must thus establish "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." In the present cause, the order was to quash an arrest and suppress evidence, period. The court then found such an independent basis existed and defendant was again convicted upon retrial. at 1527, 128 L.Ed.2d at 296. 356, 547 N.E.2d 523 (1989), and People v. Nicholls, 42 Ill.2d 91, 245 N.E.2d 771 (1969), ruled that defendant's confession was voluntary. 2052, 2065; People v. Whittaker (1990), 199 Ill.App.3d 621, 627, 145 Ill.Dec. list of chicago mobsters; sudocrem on scalp; best ucla dorms; recent food poisoning cases in australia 2021. uber santa barbara airport; hanako greensmith actress; wireshark serial port; gold rush todd hoffman. Cummings again advised defendant of his rights and interviewed him for approximately 45 minutes. 604], 645 N.E.2d at 865. 457, 133 L.Ed.2d 383 (1995), her original motion to suppress would have been granted. 604, 645 N.E.2d 856. 493, 564 N.E.2d 1155 (1990). The State argued that the doctrine of law of the case barred a subsequent hearing on defendant's motion. In Stansbury, prior to trial, the defendant moved to have statements he made while at the police station suppressed because at the time they were made, he was in custody, but had not been advised of his Miranda rights. After denial of her motion, defendant filed written offers of proof, which stated that, if called to testify at a hearing, Tyrone and Anthony would substantiate the allegations of abuse contained in her second amended motion to suppress. Make an enquiry and our team will be get in touch with you ASAP. The proffered testimony of Tyrone and Anthony was included with the motion, substantiating the allegations of abuse contained in defendant's motion. 9-3.1(a)); he was subsequently sentenced to concurrent terms of 60 years' imprisonment for first degree murder, 20 years for armed robbery, and five years for concealment of a homicidal death. There, our supreme court reversed the defendant's murder conviction based on the prosecutor's improper cross-examination. Defendant next argues that his counsel erred in successfully obtaining the admission of Sheila Daniel's statement into evidence. In her motion to suppress filed before her first trial and in the first motion to suppress filed with Judge Urso, defendant said nothing about Anthony's beaten condition as being a reason for her inculpatory statements. Immediately after his arrest, defendant was taken to the police station, where he was questioned by the police. 767, 650 N.E.2d 224. The Tragic Story, Why Millionaire Dad Of Lisa Raye & Da Brat Was There are various reports of the motive behind McCoy's murder. There is, however, a strong presumption that counsel's performance falls within the "wide range of professional assistance." However, we are unpersuaded by defendant's reliance upon Thompson. Dowery was killed in the same house where Daniels allegedly shot her former live-in boyfriend, David Ray McCoy, on Nov. 12, 1988, during an argument over a high electricity bill and who. 58, 539 N.E.2d 368. But she contended at the second trial that she had shot him only after McCoy verbally abused her and threatened her with his own gun. In doing so, we relied upon the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. In this appeal, defendant asserts that Tyrone is now available to testify that the police beat him, corroborating defendant's testimony that she saw him in an injured state. david ray mccoy obituary chicago - hotelleshelton.com Who Is Da Brat's Father? David Ray McCoy Passed Away Early 441, 473 N.E.2d 1246.) 2348, 147 L.Ed.2d 435 (2000). He was found shot to death in the back seat of his Cadillac, which was parked in a Southside Chicago alley. Defendant then took the gun away from his sister and put it in his pocket. 98 (1931), where the trial court refused to admit X-rays of the defendant's teeth into evidence. The trial court denied the defendant's request for a new suppression hearing. Before trial, counsel for defendant filed several motions to suppress statements made by defendant after his arrest and to suppress evidence the police recovered in defendant's apartment. Rather, the only evidence presented that defendant acquiesced to his sister's will was his statement that he took her advice to "tell the truth.". Maxwell, 173 Ill.2d at 120-21, 219 Ill.Dec. After the trial court denied defendant's amended motion to quash arrest and suppress statements, she was granted leave to file an amended motion to suppress statements. The reason the evidence is new is that Tyrone would have invoked his fifth amendment right against self-incrimination had he been called to testify at defendant's motion to suppress. The motion was denied and our supreme court affirmed that ruling. For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. Specifically, defendant asserts that his trial counsel erroneously presented a coercion and physical abuse theory during the suppression hearing, rather than the more "viable" theory that defendant was influenced or controlled by his older sister. Shortly thereafter, one of the police officers punched him in his stomach and grabbed him by his hair, knocking his head into the wall. That fact alone distinguishes defendant's case from the Greenspawn case where the X-ray technician had testified as to the authenticity of the X-rays. 1827, 1838, 144 L.Ed.2d 35, 53 (1999). (Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. DAVID RAY MCCOY - We Africa Preview This position is completely belied by the record. Ill. Rev.Stat.1985, ch. 103, 84 Ill.2d 436, 443, 50 Ill.Dec. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. Click the citation to see the full text of the cited case. Owned motels and nightclubs in Chicago. The order was affirmed on appeal. airbnb with pool in detroit, michigan; firefly axolotl for sale twitter; super bowl 2022 halftime show memes instagram; what happened to suzanne pleshette voice youtube Sheila Daniels and her brother Tyrone killed David Ray Mccoy, who had been dating her for ten years. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. mesquite to las vegas airport; greenville public school district address; houses for rent in huntsville, al under $600; Blog Post Title February 26, 2018. According to reports, sadly, he was brutally murdered in 1988, and his daughters were left fatherless. The record reflects that he testified that he had been struck, but he also testified that he did not make his statement because of this mistreatment, he made it because defendant told him to cooperate. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. She then showed the police where Tyrone lived. David Ray McCoy (1935-1988) - Find a Grave Memorial Defendant eloquently states her position in her reply brief, where she explains that in her view: [T]he [law of the case] doctrine applies not to motions' as such, but, rather, to legal issues determined almost invariably after a hearing. In his lengthy findings of facts, Judge Toomin first reiterated the theories raised in defendant's motion to suppress. On direct appeal, this court affirmed the trial court's denial of the motion to suppress, but remanded the case for a hearing on the prosecutor's use of peremptory challenges. People v. Shukovsky, 128 Ill.2d 210, 222, 131 Ill.Dec. 1. 552, 500 N.E.2d 445.) david ray mccoy sheila daniels chicago The trial court responded that the records were not available and instructed the jury to continue deliberating. The fact that the trial court did a more thorough job of analyzing the issues than did this court speaks well of Judge Toomin's abilities. 592, 610 N.E.2d 16 (1992). 303, 585 N.E.2d 1325. Da Brat Bio, Wiki, Net Worth, Dating, Partner, Married, Age, Height David's death shocked many of his business associates as he spoke fondly of Daniels, and the two had been together for over ten years. In her second amended motion to quash arrest and suppress statements filed on May 21, 1996, defendant again alleged she had made admissions due to the physical abuse Tyrone had endured at the hands of the police. (Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. 312, 556 N.E.2d 1214. The second trial court denied this petition but did hold an independent basis hearing for the suppressed in-court identification. In this appeal, he contends that he was deprived of his right to effective assistance of counsel because his trial counsel (1) allegedly failed to effectively present his motion to suppress statements; (2) allegedly failed to effectively argue the applicable law regarding accountability; (3) successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels, a codefendant; and (4) allegedly refused to permit him to testify at trial. 343, 795 N.E.2d 1011 (2003) and People v. Alvarez, 344 Ill.App.3d 179, 278 Ill.Dec. Following a jury trial in 1990 before Judge Michael P. Toomin, defendant Sheila Daniels was convicted of the first degree murder of her paraplegic boyfriend, David McCoy, and was sentenced to an 80-year prison term. At that time, he had a girlfriend named Shiela Daniels. Tyrone did not testify at defendant's motion to suppress. The facts in the instant case do not begin to arise to the level of the evidence presented by the defendant in Hinton. David Ray Mccoy was killed by his girlfriend of 10 years, Sheila Daniels, and her brother, Tyrone. The supreme court cited two facts which have been found to be special circumstances supporting a trial court's decision to hold new de novo hearings on motions to suppress after remand. During the hearing on the motions to quash the arrest and suppress evidence, defendant testified that, at approximately 3 a.m. on November 18, 1988, he was awakened by a knock at his door. A jury of nine women and three men returned a verdict of. A subpoena is a compulsory process for obtaining witnesses or documentary evidence in all criminal prosecutions and is guaranteed by the sixth amendment. Defendant argues next that recent case law and significant changes regarding the voluntariness of a defendant's confessions require a hearing on her motion to suppress. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. Upon the City's motion for reconsideration, the trial court, finding that defendant was undertaking a fishing expedition, granted the City's motion to quash the subpoenas. 12, 751 N.E.2d 65 (2001). On November 18, 1988, shortly after speaking with Sheila, police arrested defendant. We do not dispute that the medical records in question are relevant. The facts surrounding her stay at the police station and the content of various statements she made to police, including a statement taken by a court reporter wherein defendant admitted to shooting McCoy but claimed it was in self-defense, were laid out at length in Daniels I. In addition to what he had told Cummings, defendant told her that Sheila and McCoy had been arguing when Sheila accidentally shot McCoy. Judge Toomin cited several cases which supported his holding and made extremely detailed findings of fact. 267, 480 N.E.2d 153 (1985).]. Citations are also linked in the body of the Featured Case. During its deliberations, the jury sent a note to the trial court asking if plaintiff's medical records pertaining to the 1980 beating were available to the jury. 499, 734 N.E.2d 207 (2000), where this court stated: [P]rinciples of collateral estoppel do not bar relitigation of a pretrial ruling after remand, where special circumstances are present. While defendant did testify at her motion to suppress that she saw Anthony injured in the police station before she gave a statement to the polygraph operator, she never asserted that this fact influenced her decision to confess. After hearing the testimony and the arguments of counsel, the court denied defendant's motion, finding that the police had probable cause to arrest defendant and that defendant's statements were not coerced by the police, but rather were voluntarily given. In determining that the defendant had failed to show that the sentencing error in his case was prejudicial, the court in Crespo held: we have no doubt that a jury, presented with these facts, would have found that the crime was committed in a brutal and heinous manner, indicative of wanton cruelty. Crespo, 203 Ill.2d at 348-49, 273 Ill.Dec. Defendant then took the gun away from his sister and put it in his pocket. Further, because we find that the decision to use Sheila's statement was a matter of trial tactics, that decision has no bearing on the issue of competency of counsel. Defendant directs us to the testimony at her second trial where Lt. Phillip Cline of the Chicago police department was asked on redirect why on November 12 and 17 of 1988, he did not advise defendant of her Miranda warnings. 1000, 688 N.E.2d 693 (1997), the defendant was arrested in 1983 and taken to Area 2 where, after being interrogated, he admitted to his involvement in the murder under investigation. Cline responded, She was not under arrest. [People v. Henderson, 36 Ill.App.3d 355, 370, 344 N.E.2d 239 (1976).] what happened to marko ramius; a bittersweet life full movie eng sub kissasian (See People v. Majer (1985), 131 Ill.App.3d 80, 86 Ill.Dec. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. Enis, 163 Ill.2d at 387 [206 Ill.Dec. We further note that there was credible evidence in the record that the deceased was an abusive domestic partner, indicating the existence of mitigating factors under sections 5-5-3.1(a)(4) and (a)(8) of the Unified Code of Corrections. Further, there is no credible evidence in this record that the defendant's will was overborne ***.. See People v. Bourke (1992), 223 Ill.App.3d 732, 166 Ill.Dec. [The preceding is unpublished under Supreme Court Rule 23.]. Defendant has cited no authority in support of this claim and it is therefore waived. If a court of review has decided a legal issue then the successor judge may rely upon that ruling as settled law, and, in the absence of a change in the law by a still higher court, or new factual basis, apply it to the case before him or her. He was 52 years old at the time. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. Defendant lastly argues that defense counsel improperly refused to allow him to testify. sunderland ontario new homes / can alcohol make you gain weight overnight / david ray mccoy; david ray mccoy . Her second trial, held in August before Cook County Criminal Court Judge Joseph Urso, ended in the same verdict. See Supreme Court Rule 413(c) (134 Ill.2d R. 413(c)) (requiring that the State be informed of, and permitted to inspect and copy or photograph, any reports or results, or testimony relative thereto, of physical or mental examinations ***.). Please try again. After giving his statement to Cummings, defendant spoke with Sheila in the interview room. 918, 735 N.E.2d 569 (2000). Nowhere does the record indicate that defendant was somehow controlled or dominated by his sister or that he would abide by her wishes to his own detriment. They reportedly then drove McCoys body in his Cadillac to the alley and left him thereso sad. People v. Patterson, 154 Ill.2d 414, 489, 182 Ill.Dec. As a result of the beating, defendant sought treatment at Little Company of Mary Hospital. The fact that this court affirmed that holding in the manner that we did shows that we considered the same issues and came to the same conclusion. Listed below are those cases in which this Featured Case is cited. There followed a lengthy recitation of the testimony at the evidentiary hearing on the motion to suppress. On January 23, 1997, defendant filed her Reoffered Second Amended Motion to Quash Arrest and Suppress Statements, which was identical to her second amended motion to suppress. She was not in custody. According to defendant, upon hearing this testimony, which established that she had not been advised of her Miranda rights because of the officer's conclusions, Judge Urso should have reconsidered his previous rulings, and granted a hearing. At the police station, defendant was questioned regarding McCoy's death and admitted to having purchased the gun used in the shooting, but stated it had been stolen by her brother Anthony Daniels. He was 53 years old. Wilson v. Clark, 84 Ill.2d 186, 192, 49 Ill.Dec. Sheila Daniels, 41, first convicted in 1990, was. The doctrine, however, merely expresses the practice of courts generally to refuse to reopen what has been decided; it is not a limit on their power. Patterson, 154 Ill.2d at 468-69, 182 Ill.Dec. at 2362-63, 147 L.Ed.2d at 455. 58, 539 N.E.2d 368 (1989), this court stated: With regard to pretrial motions to suppress evidence, the rule is that once a motion to suppress has been ruled upon by one judge, that motion cannot be relitigated later before another judge, absent a showing of exceptional circumstances or of additional evidence that has become available since the first hearing to suppress. 767, 650 N.E.2d 224. He was 52 years old. 767, 650 N.E.2d 224 (1994) (Daniels I). In finding error in the trial court's refusal to admit the X-rays, the supreme court stated they should have been admitted because they tended to sustain the defendant's alibi. Greenspawn, 346 Ill. at 491, 179 N.E. As no such special circumstances were presented in Enis, there was no abuse of discretion in the trial court's refusal to revisit its rulings on these matters in preparation for [the] defendant's second trial. Enis, 163 Ill.2d at 387, 206 Ill.Dec. People v. Enis, 163 Ill.2d 367, 387, 206 Ill.Dec. Defense counsel specifically asked Detective Cummings whether there was "anything in any of Mr. Daniels' statements that would lead you to believe that Tyrone Daniels did anything to aid, assist or participate with Sheila Daniels in any way until after Sheila Daniels had shot Mr. McCoy," to which Cummings answered, "No." McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. The testimony presented established that Sheila Daniels and her daughter lived with McCoy. 829, 799 N.E.2d 694 (2003). 604], 645 N.E.2d at 865; see also People v. Huff, 308 Ill.App.3d 1046, 1049 [242 Ill.Dec. v. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. . In an unpublished portion of the opinion issued by this court on June 28, 2002, we vacated the defendant's 80-year extended term sentence based on the trial court's finding that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, we remanded the case for re-sentencing. 300, 631 N.E.2d 303 (1994). Hobley subsequently filed a postconviction petition alleging that he had newly discovered evidence of police brutality at Area 2. A trial court retains jurisdiction to reconsider an order it has entered, even after remand, as long as the cause is pending before the trial court. The trial court's ruling with respect to a motion to quash a subpoena will not be reversed unless the trial court's finding of fact was manifestly erroneous. After an evidentiary hearing, Judge Toomin denied defendant's motion to suppress. The court found that there was no evidence that the defendant had sustained injuries consistent with his claim of police brutality. Although the OPS report citing police misconduct at Area 2 has been brought to light since the time defendant and her brothers were questioned there, that does not alter the fact that defendant did not raise the issue of police brutality as a basis for suppression until years later. (People v. Whittaker, 199 Ill.App.3d 621, 629, 145 Ill.Dec. McCoys then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoys murder in 1990. Moreover, the fact that defendant did not get the records until the day she testified in her retrial violated the letter and spirit of our rules relating to discovery. 1, 670 N.E.2d 679 (1996), the defendant similarly alleged that he was entitled to an evidentiary hearing on his postconviction petition because of newly discovered evidence regarding Area 2 which disclosed a pattern of brutality directed at suspects in custody. Absent an abuse of discretion, this court will not reverse the trial court's determination with respect to the admission of exhibits into evidence.

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