v.
Bennett
2021 IL App (2d) 170606-U Nos. 2-17-0606 & 2-19-0178 cons. Order filed March 15, 2021
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(l). ______________________________________________________________________________
IN THE APPELLATE COURT OF ILLINOIS
SECOND DISTRICT ______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Kane County. ) Plaintiff-Appellee, ) ) v. ) No. 15-CF-1309 ) GARY BENNETT, ) Honorable ) John A. Barsanti, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________
JUSTICE BRENNAN delivered the judgment of the court. Justices Zenoff and Jorgensen concurred in the judgment.
ORDER
¶1 Held: We affirmed defendant’s convictions for first-degree murder and concealment of a homicidal death where: (1) the State presented sufficient evidence upon which the jury could reasonably conclude that defendant was guilty of first-degree murder; (2) the trial court did not abuse its discretion in refusing defendant’s proposed nonpattern and modified pattern jury instructions that the State had the burden of proving that the victim was dead and that the death was caused by criminal agency; (3) the trial court did not err in refusing defendant’s proposed modified pattern jury instruction on consideration of accomplice-witness testimony; (4) the trial court did not abuse its discretion in refusing defendant’s proposed nonpattern instruction that the jury could consider a person other than defendant’s statements against penal interest as substantive evidence; and (5) the trial court abused its discretion in admitting two instances of prior-bad-acts evidence against defendant, but the error was harmless. We also affirmed the grant of the State’s motion to dismiss and for summary judgment on defendant’s petition for relief from judgment under 735
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ILCS 5/2-1401 (West 2018)) where the trial court did not err in holding that defendant was not entitled to an evidentiary hearing on his actual-innocence claim.
¶2 In this consolidated appeal, defendant, Gary Bennett, appeals his convictions of first-
degree murder and concealment of a homicidal death following a jury trial in the circuit court of Kane County. He challenges the sufficiency of the evidence to support his first-degree murder conviction, the trial court’s refusal of his proposed nonpattern and modified pattern jury instructions, and the trial court’s admission of prior-bad-acts evidence against him. Defendant also appeals the trial court’s grant of the State’s motion to dismiss and for summary judgment on his petition for relief from judgment under 735 ILCS 5/2-1401 (West 2018)). He contends that an accomplice witness’s postjudgment letters to the prosecutors and the trial court judge requesting assistance in preventing the witness’s deportation were newly discovered evidence of actual innocence warranting an evidentiary hearing. For the following reasons, we affirm.
¶3 I. BACKGROUND
¶4 Defendant was convicted of murdering 36-year-old Keith Crawford. The victim disappeared in the early morning hours of Sunday, August 10, 2014, although his body was never
found. On November 3, 2015, defendant was charged by indictment with first-degree murder, armed robbery, and concealment of a homicidal death. There was extensive pretrial litigation, including, in relevant part, the State’s successful motion in limine to admit two instances of prior- bad-acts evidence against defendant.
¶5 A. Trial Evidence
¶6 The trial proceeded on February 22, 2017. The evidence included testimony from police officers, detectives, and FBI agents regarding the investigation; testimony regarding waste collection and landfill operations; expert testimony regarding cell-site activation analysis of phone records; and expert testimony regarding forensic serology and DNA typing. The evidence also
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included testimony from the victim’s family, friends, and associates; witnesses who were with the victim on the day of his disappearance; and an accomplice witness. At the close of the State’s case, defendant moved for a directed verdict; the trial court denied the motion. We recount the evidence presented at trial as follows.
¶7 1. Accomplice Witness
¶8 The accomplice witness was Joan Sebastian Vado. Vado testified that he was born in Nicaragua and had lived in the United States illegally for approximately 12 years. Vado pled guilty to concealment of a homicidal death in connection with this case after agreeing to cooperate with the State. Pursuant to the agreement, if Vado testified truthfully at trial, he would be sentenced to six months in jail and only serve three months. The United States Immigration and Customs
Enforcement Agency had allowed a temporary deferment of any deportation proceedings pending the case against defendant. Vado acknowledged that, when he pled guilty, the trial court informed him that the plea could result in deportation.
¶9 Vado testified that, in early 2014, he was detained by McHenry police officer Cody Smith for driving without a valid driver’s license. Vado acknowledged that a ticket would have required a court appearance where his immigration status would have been discovered. Vado did not want to return to Nicaragua because his wife, former girlfriends, and children were in the United States.
Vado testified, however, that he was not afraid of deportation because he was married to an
American citizen and thus had the ability to avoid deportation. Vado nevertheless agreed to become a police informant to “look for bad people, people that selling drugs, drug house, stuff like that” in exchange for not being issued a ticket. According to Vado, he neither sold nor bought drugs but witnessed drug sales in bars. Vado testified that he was offered but did not sign a contract to be an informant and never received any payment. He testified that he provided information only
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2021 IL App (2d) 170606-U once to the police, in approximately May 2014. However, he also testified that he provided
information “from time to time.” Vado acknowledged that drug dealers often are armed and retaliate against informants. Regardless, he informed Smith that he witnessed a drug dealer selling drugs in a bar, that he knew the dealer “from the bar,” that a person died because the dealer sold the person “something bad,” and that Vado “felt bad” that someone died.
¶ 10 Vado testified that he met defendant, also known to Vado as “G” or “Uncle G,” in June
2014. In July 2014, he moved into defendant’s townhouse on Millbrook Court in Algonquin but did not pay rent. Vado testified that he helped defendant with defendant’s automobile dent repair business and that he occasionally helped defendant buy drugs but was not paid. Vado testified that he did not disclose these drug deals to Smith.
¶ 11 At the outset of his testimony, Vado stated that he was afraid of defendant. The trial court instructed the jury at that point as follows:
“You are about to hear evidence that the defendant has been involved in offenses or conduct other than that charged in the indictment. This evidence has been received on the issue of the reason for [Vado’s] alleged fear of the defendant and may be considered by you only for that limited purpose. It is for you to determine whether the defendant was involved in that offense or conduct; and if so, what weight should be given to this evidence on the issue of the reason for [Vado’s] alleged fear of the defendant.”
¶ 12 Vado proceeded to testify that he was afraid of defendant because defendant carried a nine-
millimeter handgun every day and told Vado that he had “shot at a guy” in 2011 and “did time for it.” Moreover, Vado testified, in the beginning of August 2014, he saw defendant put a gun to a man’s face after the man knocked on the door to defendant’s garage. The man was Garrett Meyer;
Vado, defendant, Meyer, and other people had been together in a bar earlier in the evening.
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¶ 13 2. The Night Before the Victim’s Disappearance
¶ 14 Vado testified that on the evening of Friday, August 8, 2014, Vado, Vado’s son, and defendant were at defendant’s townhouse. Later in the evening, several other people, including the victim, Ruben Balleno, and Gilberto Padilla, came to the townhouse. Defendant and the victim went into defendant’s bedroom, and Vado heard them argue about money and drugs. Defendant asked the victim for drugs. The victim replied: “I’m not gonna give you shit. You owe me money.”
At one point in the evening, Vado saw defendant give the victim a .45-caliber handgun. Vado also saw the victim give Balleno cocaine. Balleno left to sell the cocaine, and when he returned, he gave the victim money. Defendant was mad and told the victim that he was using defendant’s house and “people” to “sell shit” and make money.
¶ 15 According to Vado, at some point during the evening of August 8 or into the early morning hours, Balleno asked Vado if he was going to “Jimmy’s” party the following evening. The victim
overheard, learned that “Jimmy” was “rich” and there would be several hundred people at the party, and decided to attend. Vado did not know the address but agreed to direct the victim to the house. The victim stayed overnight at defendant’s townhouse and left the next morning, Saturday, August 9, 2014, at about 10 a.m. or 11 a.m.
¶ 16 Expert testimony regarding cell-site activation analysis of phone records demonstrated multiple incoming and outgoing calls between defendant’s phone and the victim’s phone on
August 8, 2014, and into the morning of August 9, 2014, and that the victim’s phone was in the area of defendant’s townhouse during that time period. There were also calls between defendant’s phone and Vado’s phone and defendant’s phone and Balleno’s phone.
¶ 17 3. The Night of the Victim’s Disappearance
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¶ 18 Vado testified regarding events that transpired beginning in the afternoon on Saturday, August 9, 2014, through the early morning hours of Sunday, August 10, 2014. Expert testimony regarding cell-site activation analysis of phone records from the time period about which Vado testified also was introduced into evidence.
¶ 19 a. Vado’s Account
¶ 20 Vado testified that, late in the afternoon on Saturday, August 9, 2014, the victim repeatedly
texted Vado for “Jimmy’s” address. Vado agreed to direct the victim to the house. That evening, the victim texted Vado from the victim’s car when the victim was outside defendant’s townhouse.
According to Vado, the victim told Vado to come outside but not tell defendant. Vado testified
that he drove his 2006 Chrysler Pacifica to the party, and the victim followed in his car. The Pacifica was owned and financed by Vado’s friend, Roberto Campos, but Vado paid Campos the monthly installment and maintained the car in defendant’s garage. When Vado and the victim arrived at the party, Vado saw that there was someone laying or crouching down in the passenger
side of the victim’s car. Vado described the passenger as a “short African-American” man. The evidence established that the address of the house where the party occurred was on Lathrop Lane in West Dundee (Lathrop Lane house). According to Vado, there were four or five hundred people at the party. Vado testified that he followed the victim around the party for a while, unsuccessfully looked for Balleno and Padilla, and left the party because “his friends were drunk.”
¶ 21 Vado testified that he returned to defendant’s townhouse in the early morning hours of Sunday, August 10, 2014. Defendant became angry when he learned that the victim attended the party. Defendant called someone and was “screaming and yelling” on the phone. Subsequently, defendant told Vado that he had talked to the victim and asked Vado to drive him to the party to
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2021 IL App (2d) 170606-U pick up the victim. Defendant said that he wanted to go to the house of his “cousin,” Jeff
Quagliano, to get money to pay the victim and obtain more drugs.
¶ 22 According to Vado, he drove defendant in the Pacifica to the party at the Lathrop Lane house. When they arrived, defendant called the victim, but the victim did not answer the phone.
They waited about 10 minutes. While Vado was urinating outside the car, the victim walked by the car. Defendant jumped out of the front passenger seat and moved into the back seat. The victim sat in the front passenger seat. Defendant told the victim that they had to go to Quagliano’s house
“to get money and get more shit.” The victim, whom Vado described as a “little drunk,” agreed to go.
¶ 23 The evidence established that the address of Quagliano’s house was on Route 25 in St.
Charles. Vado testified that he began driving on Route 31 toward Quagliano’s house. They were listening to music and smoking cigarettes. After they drove past Route 72 and the West Dundee
Police Department, Vado heard a loud gunshot inside the car. At that moment, the victim’s body
fell onto Vado’s shoulder. Vado testified that defendant shot the victim with a nine-millimeter gun, that Vado could see blood in the back of the victim’s head, and that the victim was dead. Vado testified that the shooting occurred on Route 31, close to the police station and a church.
¶ 24 Defendant then “put the gun on” Vado, told Vado to “drive safe” or he was going to “come after” Vado’s wife and children, and took Vado’s cell phone. Vado was scared, because he had just seen defendant “kill someone next to me.” While Vado continued to drive, defendant wrapped
the victim’s head in a sheet of clear plastic to stop the bleeding. Vado testified that, during the entire time he was in the car with the victim, he never saw the victim’s cell phone and never saw defendant take the victim’s cell phone.
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¶ 25 At that point, Vado testified, he had “a lot of stuff going on” in his mind and was “[n]ot really” concentrating on the route. Defendant told Vado where to drive. Vado testified that he drove the car from Route 31 to Interstate 90 and then to Route 25. When they turned onto the ramp for I-90, however, defendant told Vado to stop the car. Defendant exited the car and tried to pull the victim’s body from the front seat to the back seat. When questioned as to the reason he did not
drive away at that point, Vado testified, “I don’t know, scared.” Defendant returned to the car, and they continued to drive. Defendant called Quagliano and said, “Cousin, I be there soon. I got shit.”
Defendant called Quagliano again as they approached Quagliano’s house.
¶ 26 According to Vado, when they reached Quagliano’s house, defendant exited the car and appeared to argue with Quagliano. Quagliano looked in the back seat of the Pacifica and said in a
surprised tone of voice, “What the fuck is this guy.” Defendant pulled the victim’s body to the front of the car and took a wallet, money, and a bag of cocaine from the victim’s pocket. Defendant
and Quagliano smoked the cocaine, wrapped the victim’s body in carpet, tied it with rope, and returned the body to the Pacifica. Vado was scared and refused to help, although he cut the rope with a lighter. After about three hours, defendant and Vado returned to the car. Defendant forced
Vado to drive. Vado was scared because defendant had threatened his wife and children.
¶ 27 Vado testified that he and defendant drove around to find a place to dispose of the victim’s body. They first stopped at a gas station on Randall Road where defendant went into the restroom and then bought cigarettes and a drink. Eventually, at defendant’s direction, they drove to an
apartment complex “behind McDonald’s” near “McLean and Big Timber.” According to Vado, defendant said that he wanted to find a “ghetto” place to dump the body. Vado’s wife and child lived near there. Defendant told Vado to back up the car close to a garbage dumpster in the parking lot. Defendant “flipped” the victim’s body into the dumpster in “parts,” maneuvered the body by
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2021 IL App (2d) 170606-U the feet, then jumped in the dumpster, and covered the body with garbage. Vado testified that he refused to help defendant, although he testified that he touched the dumpster’s lid.
¶ 28 They subsequently drove to another gas station where defendant bought a drink and cigarettes, obtained plastic garbage bags, put the victim’s shoes and wallet in a bag, and attempted
to clean the blood in the car. At this point, they returned to defendant’s house; on the way, defendant returned Vado’s cell phone. Vado parked the Pacifica in the garage. Vado testified that defendant was nervous and high. Defendant went to the backyard, where he burned the victim’s wallet and identification on a grill. It was approximately 6 a.m. or 6:30 a.m. at this point. Defendant
was still doing cocaine and called someone. Defendant also dismantled the gun, buried it in the backyard, but dug it up later that day.
¶ 29 Vado testified that he called his girlfriend Samantha Hedenstrom at about 6:30 a.m. or 7 a.m. The evidence demonstrated that Hedenstrom had called and texted Vado multiple times throughout the early morning hours of Sunday, August 10, 2014. Hedenstrom testified that she
was at the police station at the time and needed a ride home because she had been the passenger in her friend’s car when her friend was pulled over for driving under the influence. The incoming and outgoing activity on Vado’s phone beginning at 5:39 a.m. showed that it was in the location of defendant’s townhouse in Algonquin. Defendant’s phone was likewise there at that time.
¶ 30 The record demonstrated that Quagliano died prior to defendant’s trial. However, Quagliano’s acquaintance, Todd Nord, testified that on August 10, 2014, at approximately 4 a.m. or 5 a.m., Quagliano called him and, sounding anxious, said “there was something crazy that happened.” According to Nord, the call lasted 30 to 45 seconds. After acknowledging his statement
to police, Nord also recalled that Quagliano told him that “Gary just showed up with a car and some bullshit” and would not leave despite Quagliano’s request. “Gary,” according to Nord, was
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¶ 31 b. Cell-Site Activation Analysis
¶ 32 Expert testimony regarding cell-site activation analysis of phone records demonstrated the communications of the victim’s phone, Vado’s phone, and defendant’s phone on the evening of Saturday, August 9, 2014, and into the early morning hours of Sunday, August 10, 2014. Starting with Saturday night, August 9, 2014, there were inbound calls from the victim’s phone to Vado’s phone as well as subsequent communications between the victim’s phone and defendant’s phone.
The activity also showed that from 11:21 p.m. to 11:40 p.m., the victim’s phone was in the vicinity of defendant’s townhouse in Algonquin and called defendant’s phone three times. Around this time, there were several text messages between Vado’s phone and the victim’s phone.
¶ 33 Moving into the early morning hours of August 10, 2014, between 12:25 a.m. and 12:38 a.m., there were four text messages from the victim’s phone to defendant’s phone. Defendant’s
phone then called the victim’s phone at 1:08 a.m., 1:09 a.m., 1:53 a.m., and 1:54 a.m. Meanwhile, defendant’s phone also called Quagliano’s phone at 1:48 a.m. Defendant’s phone was still in the area of his townhouse in Algonquin at this time.
¶ 34 Cell tower records showed that at around 1:48 a.m., defendant’s phone moved to the Lathrop Lane area. At 1:57 a.m., defendant’s phone called the victim’s phone from the Lathrop
Lane area. From 2:06 a.m. to 2:12 a.m., defendant’s phone called the victim’s phone seven times; both phones were in the Lathrop Lane area. At 2:17 a.m., defendant’s phone called Quagliano’s phone again from the Lathrop Lane area. Meanwhile, between 2:01 a.m. and 2:12 a.m., Vado’s
- 10 - 2021 IL App (2d) 170606-U phone was being used in the same area with a phone call from defendant’s phone to Vado’s phone at 2:01 a.m. ¶ 35 The last outgoing activity on the victim’s phone was a 2:19 a.m. text message to his friend’s, Lashawntae Dyson’s, phone. Cell tower records showed that the victim’s phone and defendant’s phone were south of the Lathrop Lane area at this time—indicative of “simultaneous travel” from north to south. An incoming text message to the victim’s phone at 2:22 a.m. showed that the victim’s phone was near the intersection of Route 31 and I-90. At 2:27 a.m., Vado’s phone was near Route 25 and I-90. At 2:41 a.m., the victim’s phone was in the same vicinity but appeared to “stop” near I-90. ¶ 36 An unanswered incoming call to Vado’s phone at 2:43 a.m. showed that his phone was just north of Quagliano’s house. A 2:45 a.m. call from Quagliano’s phone to defendant’s phone showed that defendant’s phone was in the same area. Later, between 2:46 a.m. and 4:34 a.m., there were incoming calls and text messages to Vado’s phone showing its location near Quagliano’s house. Between 3:22 a.m. and 4:16 a.m., defendant’s phone was in the same location. ¶ 37 4. Reports of the Victim’s Disappearance ¶ 38 The victim’s mother, Regina Myles, testified that, at the time of his disappearance, the victim lived with her at her house in Bartlett. They saw each other every day. The victim had five children, three of whom he saw regularly. On Friday evening, August 8, 2014, at about 8 p.m. or 9 p.m., the victim took Myles’s car, a 2009 Toyota Matrix, and left home. He returned the next morning and then left again in the car at 9 p.m. or 10 p.m. on Saturday evening, August 9, 2014. Myles never saw or heard from the victim again. She called his cell phone but received no answer. Myles was alarmed when the victim did not return home on Sunday, August 10, 2014, and told - 11 - 2021 IL App (2d) 170606-U friends and relatives that he was missing. Early on Monday morning, August 11, 2014, she reported him missing to the police. ¶ 39 The mother of two of the victim’s children, Shanicka Lynch, testified that she maintained regular and consistent contact with the victim since she first met him in 2000; she was never out of contact with him for more than three or four days; and the victim never went into hiding. Although she and the victim stopped living together in 2006, the victim still visited her home and saw the children every day. Lynch spoke with the victim by phone on August 9, 2014, at about 6 p.m., and they texted each other later that evening. However, Lynch testified, neither she nor the children have had any communication with the victim since the evening of August 9, 2014. ¶ 40 The mother of two of the victim’s other children, Barbara Latek, testified that she had known the victim for 13 years. Latek and the children lived in Florida, but she and the victim had daily contact by phone or text message. On August 9, 2014, Latek received a call from the victim at approximately 10 p.m., but she was unable to answer the phone. She attempted to call the victim back at 10:07 p.m., but the call went straight to voicemail. Since that time, she has had no communication with the victim. ¶ 41 The victim’s friend, Lashawntae Dyson, testified that she was at the Lathrop Lane party on the night of August 9, 2014, and into the early morning hours of August 10, 2014. Dyson reconnected with the victim whom she had not seen for 13 years. Dyson received text messages from the victim at 1:52 a.m., 2:17 a.m., and 2:18 a.m. After Dyson sent a text message to defendant at 2:41 a.m., the battery in her phone died. Dyson went to sleep. When her phone had power again several hours later at 10:04 a.m., a text message from the victim “popped up.” She texted the victim but never heard from him again. - 12 - 2021 IL App (2d) 170606-U ¶ 42 George Lambropoulus testified that he occasionally purchased marijuana from the victim. On the morning of August 9, 2014, he met the victim behind a store in Algonquin and purchased marijuana from him. He never saw the victim again. ¶ 43 An analysis of the victim’s cell phone records reflected numerous outgoing calls and text messages in the days preceding his disappearance, but only six outgoing calls and seven outgoing text messages on August 10, 2014. After 2:19 a.m. on August 10, 2014, there were no more outgoing communications from the victim’s phone. ¶ 44 5. Prior-Bad-Acts Evidence ¶ 45 A few days after the murder, Bartlett police officers spoke to Vado about the victim’s disappearance. However, Vado told them that he did not know anything. Vado testified that he lied because he was scared that something bad would happen to him or his family. ¶ 46 The trial court allowed the State to introduce evidence of two instances of defendant’s past conduct and reiterated the instruction set forth above that the jury could consider this evidence only for the limited purpose of showing Vado’s alleged fear of defendant. The first instance was defendant’s 2011 conviction for attempted reckless discharge of a firearm following his guilty plea. A certified copy of the conviction was admitted into evidence, and Roselle police officers testified regarding the underlying investigation. Namely, on April 6, 2010, at 1:52 a.m., there was a report of a suspicious vehicle and gunshots fired in an alley behind a commercial and residential building. Defendant was questioned and admitted to shooting the gun accidentally and not in the direction of people or buildings. The second instance was testimony from defendant’s acquaintance, Garrett Meyer. Meyer testified that, in early August 2014, defendant invited him to an after-hours party at his home. When Meyer knocked on defendant’s garage door, defendant - 13 - 2021 IL App (2d) 170606-U opened the door, put a gun to Meyer’s head, ordered him to his knees, and asked him to identify himself. Once defendant knew Meyer’s identity, defendant withdrew the gun. ¶ 47 6. Initial Investigation ¶ 48 The police initially investigated the matter as a missing-person case with suspicious circumstances. Police searched the Fox River and a forest preserve near the Lathrop Lane house for a body, weapon, cell phone, or clothing. Nothing was recovered. The police attempted to access the video camera system at the Lathrop Lane home but were unsuccessful in obtaining the password to the system. As part of the investigation, Bartlett police detectives conducted a noncustodial interview of defendant at the Bartlett police station. ¶ 49 a. The Victim’s Home ¶ 50 On August 11, 2014—the day Myles reported the victim missing—Bartlett police officers went to Myles’s home. Two men with whom Myles was familiar, Chance Cager and Frank Dobbs, also came to Myles’s home that day when the officers were there. Myles testified that she invited Cager and Dobbs into her home. However, they remained at the bottom of the stairs and conversed with a police officer who was standing at the top of the stairs. ¶ 51 On August 20, 2014, Bartlett detectives and an FBI agent went to Myles’s home and searched the victim’s bedroom. They found $13,000 in a pair of pants hanging in the closet. ¶ 52 b. The Victim’s Car ¶ 53 On August 12, 2014, the Kane County Sheriff’s Office located the Toyota Matrix on Lathrop Lane. Myles retrieved the car and subsequently provided it to the Bartlett police department for processing. Myles testified that when the victim drove the car, he moved the driver’s seat backward and left it in that position. However, when she retrieved the car, the driver’s seat was moved forward. - 14 - 2021 IL App (2d) 170606-U ¶ 54 A Bartlett police officer and evidence technician testified regarding her August 13, 2014, examination of the Toyota Matrix. She was told that the case was an active missing-persons case; she was not told that the case was a possible homicide. She did not see any indication of “foul play” in the Toyota Matrix. There were partial fingerprints on the outside of the Toyota Matrix; there were smears reflective of an apparent attempt to wipe something off the driver’s side window; and there was dust on the rear quarter panel of the driver’s side reflective of an apparent attempt to wipe something through the dust. Multiple brownish spots found on the driver’s side window were presumptively tested for blood but were negative. The car was never swabbed for DNA nor dismantled. Inside the car were an unopened bottle of Miller Genuine Draft and an opened, partially full water bottle. The bottles were never dusted for fingerprints nor swabbed for DNA. The parties stipulated that, if David Garcia were called to testify, he would testify that he was the victim’s best friend, that he never saw the victim drink beer, and that he has neither seen nor heard from the victim since August 9, 2014. ¶ 55 c. The Victim’s Cell Phone ¶ 56 The victim’s cell phone was not recovered. However, evidence was introduced that, on August 14, 2014, the victim’s cell phone was turned on and issuing data in a residential area near I-90 and Route 25. Bartlett police detective Peter Rakiewicz testified that the first “ping,” or cell- site tower activation, was between 7:30 p.m. and 9 p.m. in the vicinity of 810 Parkway Drive in Elgin, with a certainty factor of 1400 to 1500 meters. There was a second ping that evening in the vicinity of 1325 Blackhawk Drive in Elgin, with a certainty factor of 41 meters. After doing a “CLEAR” search, Detective Rakiewicz directed police officers to 1336 Blackhawk Drive in Elgin. Shortly after the police arrived in the area, the pings stopped. Police officers searched the area but found neither the victim nor his cell phone. - 15 - 2021 IL App (2d) 170606-U ¶ 57 The parties stipulated that if Darius Holmes were called to testify, he would testify that on August 14, 2014, he lived at 1336 Blackhawk Drive in Elgin. He had neither seen nor spoken to the victim in over four years; he did not have the victim’s cell phone; and the victim was not in Holmes’s residence on August 14, 2014. ¶ 58 d. The Victim’s Storage Locker ¶ 59 The evidence established that the victim shared a storage locker with Chris Driver at a storage facility in Schaumburg that Driver managed. Both Driver and the victim had a key. Driver testified that the victim sold him small amounts of marijuana but that he had not seen the victim since early August. The victim’s mother, Myles, visited the storage facility after the victim’s disappearance and told Driver that she was looking for something that belonged to the victim. However, Driver testified, after leaving the locker, Myles told him that she did not find the item for which she was looking. Driver subsequently went into the storage locker and found a duffel bag full of marijuana. He called Myles and told her that he thought he found the item for which she was looking. Parenthetically, Lynch (the mother of two of the victim’s children) testified that, at the beginning of August 2014, she was at the victim’s house, that he had a duffle bag with a large amount of marijuana, and that he usually carried about $1500 in cash on his person. ¶ 60 On August 30, 2014, Myles went to the storage locker, recovered the duffle bag, and brought the duffle bag to the Bartlett police station. A Bartlett police officer testified that he met Myles at the police station; she brought a duffel bag containing individual sealed bags of marijuana, some “white bags,” baggies, scissors, and a scale. The parties stipulated that 21 grams of cocaine and 3000 grams of cannabis were found in the storage locker. ¶ 61 An FBI agent testified regarding a subsequent September 4, 2014, search of the storage locker. A “Glock .45” and ammunition were found inside a suitcase. Driver testified that, during - 16 - 2021 IL App (2d) 170606-U the search, a gun had been recovered from a “dresser” that belonged to the victim. However, Driver testified, after the victim’s disappearance, he checked the “dresser drawer,” and it did not contain a gun. According to Driver, the gun was discovered after Myles and her daughter had gone into the storage locker. ¶ 62 e. Chance Cager ¶ 63 Star Blackburn testified that she was acquainted with Cager and during the three-month period before the victim’s disappearance, she saw him daily. Cager would visit her home in Hanover Park to drink alcohol and smoke marijuana with Blackburn and Blackburn’s roommate, Tamara Smith. According to Blackburn, Cager never paid for anything and “basically lived off us.” On August 10, 2014, Cager and his brother came to Backburn’s home. Cager told her that he had gone to a party with the victim, nicknamed “Box,” in the victim’s mother’s car but that the victim had disappeared. Cager showed Blackburn a stack of “tens and twenties” and was willing to pay for alcohol and marijuana. On August 11, 2014, Cager returned to Blackburn’s home and told her that he would not be surprised if the victim was found in the forest preserve across the street from the party. He also told her that the victim’s phone and car were found in the woods. During subsequent discussions about the victim’s disappearance, Cager never initiated the topic. ¶ 64 The parties stipulated that, if Smith, Blackburn’s roommate, were called to testify, she would testify that she first learned about the victim’s disappearance from David Garcia on August 11, 2014. On August 11, 2014, or August 12, 2014, she had a conversation with Cager at her home. Blackburn and two other individuals, Jamarr Payne and Keith Rhodes, were present during the conversation. Cager told Smith that he was selling drugs with “Keith Crawford” at the party and that “Keith” had “about $2000 on him and some ‘work.’ ” At some point in the night, they “split up to go and make deals and that was the last he ever saw of Keith.” Cager said that “Boxhead” - 17 - 2021 IL App (2d) 170606-U went to the party with him and was now missing. Cager quickly changed the subject when Smith asked the real name of “Boxhead.” ¶ 65 The parties stipulated that, if Clarence Bush were called to testify, he would testify that he went to Cager’s house “after learning Keith went missing to question him about the party because Chance went there with Keith.” Bush “asked Chance what happened because he drove to the party with Keith but did not drive home or leave the party with Keith.” Cager stated that he did not know what happened to the victim “because they were good with protection.” Bush asked Cager what he meant by protection, and Cager stated that “his ‘boys’ arrived at the party with some guns.” Cager further told Bush that “his ‘boys’ arrived and opened up their trunk which contained a shotgun and a pistol.” Cager neither stated the “boys’” names nor described their car. ¶ 66 Bartlett police detective David Smith testified that he interviewed Cager in front of Cager’s home on August 12, 2014, after Cager refused Smith’s suggestion to be interviewed at the police station. Detective Smith identified Cager as an African American male between 5 feet, 8 inches to 5 feet, 9 inches tall. Cager discussed accompanying the victim to the August 9, 2014, party. Specifically, Cager and his friend, “Lucky,” met the victim at the Shell gas station in Hanover Park at about 9:30 p.m. on August 9, 2014. The victim was driving his mother’s car and was with a man Cager described as Hispanic, a “very good friend” of the victim, and always at the victim’s house. The victim and his passenger led the way to the party, and Cager and Lucky followed behind in Lucky’s car. ¶ 67 Cager told Detective Smith that he left the August 9, 2014, party twice. The first time was at around 3 a.m. At that time, the victim was still at the party. Cager went to his girlfriend’s, Sara Rhodes’s, home in Carpentersville to get more beer. After Cager returned to the party, he hung out by the pool and the driveway. He said the victim, nicknamed “Box,” had marijuana on his person, - 18 - 2021 IL App (2d) 170606-U but not cocaine. During the party, a woman accused Cager of stealing her cell phone. At some point, his cell phone battery died, and he borrowed a cell phone from someone at the party to call Rhodes to ask her for a ride home. Cager said that he helped the homeowner clean up in the morning. ¶ 68 Detective Rakiewicz testified that he interviewed Cager by phone on August 14, 2014. Cager told him that he and the victim arranged to go to the party together and again said that he and Lucky met the victim before the party at the Shell gas station in Hanover Park. The victim was driving his mother’s car and had a “male Hispanic” passenger. Cager and Lucky, in Lucky’s car, followed the victim and his passenger in their car to the party. Cager said that, when he went to the party, he was “pretty messed up, intoxicated.” At the party, he “was just hanging out with Keith by the pool” and, at some point, two unknown women whom he described as black “hung out with them.” When the women left, the victim said that he had to “take care of some business and he’d be back.” Cager said that a woman and her brother then accused him of stealing the woman’s cell phone. Cager told Detective Rakiewicz that he stayed overnight at the party, helped clean up, and at 9:30 a.m. had a conversation with the woman who accused him of stealing her phone. Cager further stated that he did not leave the party until 12:30 p.m. on Sunday, August 10, when his girlfriend, Sarah Rhodes, picked him up. ¶ 69 Detective Smith testified that he obtained the store video from the Shell gas station in Hanover Park. The video did not show Cager, the victim, or their cars. Detective Smith also interviewed Rhodes. ¶ 70 Detective Smith interviewed Cager again on August 15, 2014, in front of Cager’s home. Cager denied that he was selling drugs at the party and said that the victim had cocaine at the party. When confronted with the inconsistent gas station video and Rhodes’s account, Cager admitted - 19 - 2021 IL App (2d) 170606-U that he drove to the party with the victim, that he was drinking Miller Genuine Draft in the victim’s car, and that he did not go to Rhodes’s house to get beer. Detective Smith asked the reason for the inconsistent stories. Cager said that he was “very intoxicated” on the night of the party. Detective Smith testified that Cager did not appear intoxicated during the interview. Cager said that he left the party at around 11 a.m. the next morning when Rhodes picked him up. A video from a gas station near the location of the party showed Cager and Rhodes there at 11:45 a.m. on Sunday, August 10, 2014. ¶ 71 The parties stipulated that if Rhodes were called to testify, she would testify that she was Cager’s girlfriend; that no one came to her house at 3 a.m. on August 10, 2014; that the door was locked and Cager did not have a key; that Cager had never entered the house without her knowledge; that the dog would bark if anyone entered; and that there was no beer in the house. Rather, on “Saturday” morning, Cager called her at around 9 a.m. She picked up an “extremely intoxicated” Cager and another man at the intersection of Route 31 and an unknown street. ¶ 72 The parties stipulated that if Krista Robson were called to testify, she would testify that in “late August or early September,” Cager told her that he was “thinking of leaving the state for a while, while the police investigated the missing person.” Robson told him not to leave because it would look suspicious. According to Robson, “[she] never knew Chance to carry a gun on him.” ¶ 73 f. Ruben Balleno ¶ 74 Balleno testified under a grant of use immunity. (According to Vado’s testimony, Balleno was one of the people at defendant’s townhouse on the night of Friday, August 8, 2014, and one of the people for whom Vado looked when he arrived at the Lathrop Lane party on Saturday night, August 9, 2014). Balleno was arrested on September 16, 2016, for possession of cocaine and spoke to the police in a recorded interview. Balleno testified that, in a 15-minute conversation before the - 20 - 2021 IL App (2d) 170606-U recording began, West Dundee police detective Kyle Ficek told him that defendant was in jail. Balleno testified that he was “under pressure” and under the influence of alcohol and cocaine at the time. According to Balleno, it “seemed like” Detective Ficek would help him with his drug case if he spoke about the victim’s disappearance. ¶ 75 Balleno testified that Vado had supplied him with cocaine in the past and that he met defendant through Vado. Balleno recalled that he was at defendant’s home on the evening of Friday, August 8, 2014. He did not recall that defendant asked him for drugs or talked to him about drugs. After he was confronted with his statement to police, Balleno testified that, in a phone call, he asked defendant for cocaine, not the other way around. Defendant said that he could get the cocaine from an unnamed person. Later that evening, Balleno went to defendant’s house, and defendant sold him cocaine for $50. Balleno did not recall seeing the victim at defendant’s house on August 8, 2014, but acknowledged that in his statement to police, he said that he did. ¶ 76 Balleno testified that, about a week after August 8, 2014, he went to Little Caesar’s Pizza, where Vado worked, to meet Vado. He had called Vado to get cocaine, but both Vado and defendant were there in the Chrysler Pacifica. Balleno testified that he gave $300 to Vado for cocaine. Balleno did not recall telling police that defendant brought him drugs from the “gold Chrysler” in which the two had arrived. However, he acknowledged his statement to police that he gave $300 to defendant. Balleno testified that he tried to tell Detective Ficek about Vado but that Detective Ficek continued to question him and tried to “twist [his] words up” to make him implicate defendant as the person who supplied the cocaine. ¶ 77 The tape of the recorded interview was played for the jury. On recross-examination, the trial court granted defense counsel’s request to go beyond the scope of the testimony to question Balleno about the August 9, 2014, party at the Lathrop Lane home. Balleno’s close friend, James - 21 - 2021 IL App (2d) 170606-U Porreca, lived at the Lathrop Lane home. There were hundreds of guests at the party. At about 2 a.m., Porreca told all the guests except a few close friends to leave. About 10 people, including Balleno, remained at the party. Balleno identified “Chance” from a photograph. Balleno testified that neither the victim nor “Chance” were included in the 10 remaining people at the party. He did not recall whether he saw the victim and “Chance” leaving by the lion statues in front of the house but acknowledged that he might have said this in his recorded September 16, 2016, interview, and acknowledged that he did say this in a February 27, 2015, interview with Bartlett detectives. ¶ 78 7. Defendant’s Move to Colorado ¶ 79 Defendant moved to Colorado at some point after the victim’s disappearance. In November 2014, both defendant and Vado were charged in McHenry County with felony deceptive practice. In late November 2014, Vado went to Colorado and stayed with defendant for three or four days until defendant left to live with a woman named “Nicole” (whom defendant later married). ¶ 80 Vado testified that defendant left him in Colorado without any money. Therefore, on December 13, 2014, he contacted Officer Smith—the police officer for whom he had been an informant—and reported to Officer Smith that defendant was bringing marijuana and a gun to Chicago. According to Vado, the gun that defendant was bringing was the gun used to shoot the victim, although at that point, he did not report the murder to Officer Smith. Vado said that he took two pictures of the gun—one when it was in Colorado and one when it was in the kitchen of defendant’s Algonquin home. Vado sent both pictures to Officer Smith. Vado testified that he wanted defendant to “get caught.” When questioned as to the offense for which he wanted defendant to “get caught,” Vado responded “to the murder” because “it was bad.” Vado was able to monitor on his cell phone the location of defendant’s cell phone through the “Life 360” - 22 - 2021 IL App (2d) 170606-U application that allows people to share their location through their phones. Defendant’s phone had accepted Vado’s invitation to join “Life 360” on September 28, 2014. ¶ 81 Village of Algonquin Police Officer Timothy Cooney testified that, on December 13, 2014, at about 7:14 p.m., he made a traffic stop at the intersection of Millbrook Drive and Millbrook Court (defendant’s street) in Algonquin. Defendant was the passenger in the car, and there was a “female driver.” Officer Cooney made the stop based upon information he received from Officer Smith regarding the transport of cannabis and a gun. A search of the glove compartment and trunk lining of the car revealed a small amount of what later tested positive for cannabis. The search also revealed a black and silver 9-millimeter Ruger handgun. Defendant stated that the gun belonged to him, that he and his female companion were travelling from Colorado, and that the gun was for their protection. Officer Cooney photographed the gun; the photographs were introduced into evidence. The gun was not “broken down” for transport as required by law. Thus, Officer Cooney “broke it down” and returned the gun to defendant. Defendant was not arrested and later returned to Colorado. ¶ 82 Vado subsequently returned to Illinois and moved into his girlfriend’s, Jennifer Fudala’s, home in Lake of the Hills. ¶ 83 8. Vado’s Arrest for Retail Theft ¶ 84 On March 8, 2015, Vado was arrested in a Schaumburg mall for retail theft. While under arrest, he was processed on the outstanding warrant for felony deceptive practice and transported to McHenry County jail. He was also charged with a class four felony for the retail theft. Vado testified that he asked defendant to post his bond, but defendant refused. ¶ 85 There was a series of text messages between Vado and defendant in the ensuing month. In a March 22, 2015, text message, Vado wrote: “He’ll nop I’m not g getting me in trouble with - 23 - 2021 IL App (2d) 170606-U Bartlett pd, and McHenry Cook County. I’m so fuck so I just need the money before I have court tomorrow if you don’t bring the money I’m going back to jail and that’s not can happened.” On March 22, 2015, defendant texted: “Answer phone nephew!!! DON’T THREATON BRO… JUST DONT GO DOWN THAT ROAD WITH US MAN!!! BARTLET IS JUST REACHING OUT TO ANYONE THEY ALREADY SPOKE TOO…N ASKED ME BOUT SOME CARS HE OWNED YRS AGO…BUT YOU NEED TO CHILL FUKING OUT. I GOT JENS ADDRESS WILL SEND JEFF BY TO SEE YA TONIGHT IF DONT HEAR BACK!” Defendant subsequently texted: “U must speak to me later on Nikki phone. Will text u round 5:30 bro And send Jeff with cash 4 u cuz he wants to remind u of few things b4 court.” Defendant further texted: “I’m trying to help you as I always did! SO STOP ACTING LIKE A FUKING IDIOT N THREATENING ME CUZ THAT WILL NOT HELP U IN LONG RUN. U PISS OFF MY FAMILY VERY MUCH BY SAYING SHIT BOUT ME TO COPS OR ANYONE… U KNOW THEY DONT LIKE THAT SNITCHING SHIT… CHILL OUT WITH UR COURT SHIT LIKE U R ONLY 1 EVER HAD COURT B4! CALL U LATER.” ¶ 86 Around the same time, Vado’s girlfriend, Jennifer Fudala, received a voicemail message from defendant, which was played for the jury. In the message, defendant said, inter alia: “[D]on’t give people the wrong impression that you’re fucking threatening me because I don’t take threats very fucking lightly.” Defendant further stated in the voicemail message: “[T]hat’s the last thing anybody wants to do is fucking threaten me, especially Sebastian.” Defendant continued: “I’m getting really aggravated over here. *** Tell him to answer his fucking phone. *** If I can’t get through to him I’ll send my cousin or somebody by over to your house so that I can get him on the phone.” - 24 - 2021 IL App (2d) 170606-U ¶ 87 The next day, on March 23, 2015, defendant texted: “Don’t end up like all the other snitching as pussys!! DON’T MENTION MY NAME TO ANYONE IN COURT OUT OF COURT I DON’T CARE…U & I WERE ISSUED PAYCHECKS FOR WORK WE DID BOTTOM LINE.” ¶ 88 9. Vado’s Cooperation with the State ¶ 89 On August 9, 2015, Vado met with Bartlett police detective, told them about the murder, and agreed to cooperate with police in the investigation. ¶ 90 a. Route Driven After the Murder ¶ 91 Vado described to detectives the route he drove after the shooting and also drove the route with detectives on April 9, 2015. The route he described at this point did not include travel on I- 90. He maintained this version of the route in subsequent interviews with police over the next few months. However, tollway records reflected that, on August 10, 2014, at 2:25 a.m., a 2006 Chrysler Pacifica owned by Robert Campos (the person to whom Vado made payments for use of the car) committed a toll violation at the intersection of Route 31 and I-90. On February 22, 2017 (the day the trial began), Vado sent Bartlett police detective Kyle Ficek the following text message: “Sorry for bothering you? I want to ask what I’m supposed to say when I lied about going to 90. I don’t want to fucked up tomorrow. I’m getting more nervous.” The route to which Vado testified at trial included travel on I-90. ¶ 92 Vado testified that he had not lied intentionally about not driving on I-90 but said that he was confused and scared when the described the route. After the shooting, he had “a lot of stuff” on his mind and thought that he “was going to be next.” Hence, he testified, he was not focusing or thinking about the route. Vado also testified that he had never witnessed a murder before, the murder was a shocking event, and the events of the night were “burned” in his mind. - 25 - 2021 IL App (2d) 170606-U ¶ 93 b. Blood Stain in the Pacifica ¶ 94 Vado testified that, after the murder, later in the morning on Sunday, August 10, 2014, defendant left his townhouse in the Pacifica, told Vado that he was going to his uncle’s house, and, when defendant returned a few hours later, the Pacifica looked and smelled “clean.” ¶ 95 Defendant’s acquaintance, Zoran Sarich, testified that, around August 14, 2014, or August 15, 2015, defendant and “one of his working partners”—a “young Hispanic kid,” brought a Chrysler Pacifica to the car repair shop where Sarich worked. The exhaust system located underneath the car was “dragging the ground.” It was almost closing time, and Sarich merely “rehung” the system for no charge; he never entered the car. ¶ 96 In October 2014, Campos repossessed the Pacifica. According to Campos, Vado’s payments had stopped, and, while defendant agreed to make payments, he never did. The Pacifica’s engine was broken; thus, the finance company towed the car away. ¶ 97 In April 2015, Vado drew a diagram of the Pacifica and identified a blood stain on the front passenger seat. Vado had taken a photograph of the blood stain at some point, although he was unable to retrieve the photograph. On April 10, 2015, the police recovered the Pacifica from a salvage yard in Indiana. A forensic investigator testified that a blood-like stain was found on the left shoulder area of the front passenger seat on the outside as well as the inside foam of the seat cover. There were also numerous areas of stained discoloration on the carpet in the rear passenger seat area that yielded a positive result to a presumptive blood test. The forensic investigator acknowledged that he did not observe any potential scorch marks from a close-range fired gunshot. There was also no testing for scorch marks or gunshot residue. ¶ 98 An FBI supervising forensic biologist, Jeremy Fletcher, testified that the FBI obtained the victim’s DNA sample from four of the victim’s baseball hats. Based upon his examination of the - 26 - 2021 IL App (2d) 170606-U DNA profile from the victim’s mother and from the victim’s hats, he concluded that the major contributor from the hats was at least 11,000 times more likely to have come from the victim than from an unrelated individual. Regarding the presumptively positive blood stains on the carpet in the rear passenger area, a confirmatory test for the presence of blood was not conducted because “the staining was what we refer to as sparse and composite.” However, the stains were swabbed, and DNA testing of the swabbing disclosed a major contributor. Based upon a comparison of the DNA from the victim’s hats to the DNA of the major contributor, Fletcher concluded that the victim was the source of the DNA. ¶ 99 Regarding the stain on the foam insert of the front passenger seat, serological testing demonstrated the presence of blood. DNA testing was conducted on the bloodstain, and a single DNA profile was recovered. Fletcher testified that the victim was the source of that DNA. Testing of the stain on the fabric cover of the seat cushion also demonstrated the presence of blood. DNA testing demonstrated a major contributor. Again, based upon a comparison of the DNA from the victim’s hats to the DNA of the major contributor, Fletcher concluded that the victim was the source of the DNA. ¶ 100 Vents from the center console of the Pacifica tested presumptively positive for blood, but no DNA was recovered. Other items in the Pacifica were examined, but no blood was identified. ¶ 101 c. Search for the Victim’s Body ¶ 102 During the drive with investigators on April 9, 2015, Vado identified the location of the dumpster in the parking lot of the apartment complex at 1415 Todd Farm Drive in Elgin where he said the victim’s body was discarded. Vado told the detectives that his DNA might be on the dumpster’s lid because he touched it. Police searched the forested area behind the apartment complex but recovered nothing. The evidence established that Groot Recycle Waste (Groot) - 27 - 2021 IL App (2d) 170606-U collected garbage from the apartment complex’s dumpster on Monday, August 11, 2014, at 9:56 a.m. A Groot general manager testified regarding the process by which the garbage truck collects the garbage from the dumpster and transports it to the transfer station in West Chicago. Videos depicting the garbage collection and transfer processes were played for the jury. From the West Chicago transfer station, some garbage was transferred to the Orchard Hills landfill in Davis Junction, but most garbage at that time was transferred to the Lee County landfill in Dixon. As part of the investigation, law enforcement contacted both landfills in April 2015. ¶ 103 Advanced Disposal Services operated the Orchard Hills landfill. Spencer Ervin, the Advanced Disposal Services operations manager, testified that he utilizes a daily plan for the location of garbage disposal in the landfill but records of the plan are not maintained. Ervin testified that he could have given an approximate location within feet of where a particular load was disposed. Nevertheless, excavation would have taken “at least a month,” would have cost “millions and millions of dollars,” and would have raised environmental concerns. The Orchard Hills landfill was not excavated. ¶ 104 The operations manager for the Lee County landfill, Kenneth Scott, testified that the landfill maintains records of the GPS coordinates for the daily “tipping locations” of waste disposal. From these records, the “tipping point” of the August 11, 2014, disposal was excavated on September 9, 2015, and September 10, 2015. At that point, there was a heavy thunderstorm, and the excavation was discontinued. Approximately one-third of the relevant area had been searched; no body was recovered. ¶ 105 d. Location of the Buried Gun ¶ 106 During the drive with investigators on April 9, 2015, Vado also identified the location in defendant’s backyard where defendant had buried (then unburied) the murder weapon. Detective - 28 - 2021 IL App (2d) 170606-U Ficek testified that he “dug down” in the spot and found a “bowl-shaped depression” in the earth where the soil was loose and the roots were severed. A videotape of the digging was played for the jury. Detective Ficek acknowledged that his digging occurred at night, that he was unaware of the weather conditions the preceding month or the location of the rain gutters, and that no forensic examination was undertaken to determine the length of time the depression had been there. ¶ 107 e. Communications Between Vado and Defendant ¶ 108 Numerous text messages and recorded phone calls between Vado and defendant from the months following April 2015 were introduced into evidence, and the recordings were played for the jury. Vado acknowledged that the detectives with whom he was cooperating suggested the content of the text messages. Detective Ficek testified that he instructed Vado to fabricate stories about being arrested for battery and a driving offense. In the text messages, Vado referred to the Bartlett police, represented that there was another warrant for his arrest, and later stated that he had to meet with the Bartlett police. In a series of text messages on May 19, 2015, defendant asked Vado whether the police had spoken to him and specified, “Nothing on package, right?” Vado responded: “I don’t heard nothing about that we gucci.” ¶ 109 In a series of text messages on June 5, 2015, Vado wrote: “Wtf g u give me in fucking trouble me with the fuking check why u ignoring my calls ok fucked I given your name.” Defendant wrote: “I ALSO DONT THINK BRO THAT U SAYING MY NAME TO ANYONE IN COURT OR TO ANY COPS THAT I AM RESPONSIBLE FOR ANYTHING ILLEGAL IS A GOOD IDEA FOR U!!! (u know what Im saying bud).” ¶ 110 In a July 2, 2015, text-message exchange, Vado texted defendant: “Yoo what’s up G is sebastion I just got out from jail I will call you in a little bit I hope you answer u phone is I’m scared whe I get arrested then check my name and the cop’s told u know Detective from Algonquin - 29 - 2021 IL App (2d) 170606-U and barttlen are looking for me for missing person fuck g wtf u want me to say!” Defendant responded: “I believe we have already told anyone asking al we knew… I’m tired of this shit!!!! U don’t know anything more than I do…. Whats to be scared for….” Vado replied: “Yeah u probably not scared cuz not here g but I’m scared about FL the fuking package u did in my car I’m going to change my number fuck those cop’s from barttlen I not telling shit about that fuking guy I forgot he’s fucking name!” On July 23, 2015, Vado wrote: “We are fucking lucky about those motherfucker never find the package! Jajaj I know now why u watch so many movies Mr Versace I miss you uncle g.” Defendant responded: “Love u 2….not sure what u mean about a package ! But I understand…”. ¶ 111 In a series of text messages on August 5, 2015, and August 6, 2015, Vado wrote in reference to the Bartlett police: “I have to meet these guys Monday or they going for me. I don’t remember shit u have to fucking help me.” Vado further wrote: “I don’t kill no one tell me what I have to say those guys…” Defendant responded: “There not blaming anything on u dummy!!! There just trying to see if any of us heard from him thats all…I know I haven’t n I doubt you have...” Defendant suggested that Vado start “packing a bag n hop on a flight I book for u to come visit?” In an August 8, 2015, text-message, defendant wrote: “Pack ur shit then!! Head out ASAP… Drive carefully.” In an August 10, 2015, recorded phone call, Vado and defendant discussed Vado’s move to Colorado. Defendant told Vado several times not to tell “fucking Jen or nobody” that Vado was going to Colorado. In an August 18, 2015, recorded phone call, Vado and defendant again discussed Vado’s move to Colorado. In a series of text messages on August 19, 2015, and August 20, 2015, Vado and defendant discussed arrangements for the move to Colorado. The last text message from defendant on August 20, 2015, read, “Let’s go.” ¶ 112 10. Investigation in Colorado - 30 - 2021 IL App (2d) 170606-U ¶ 113 Defendant was taken into custody in Colorado on August 20, 2015. Detective Ficek and City of Elgin police officer Christopher Hughes conducted custodial interviews of defendant on that date; videos of the interviews were played for the jury. Defendant denied knowledge of the victim’s disappearance or murder. Defendant stated that he was home on August 9, 2014, through August 10, 2014, and that Vado had his phone during this time. ¶ 114 On August 20, 2015, and August 21, 2015, the police executed search warrants of defendant’s home and car in Colorado. Several guns, receipts and transfer documents for guns, and firearms manuals were recovered. Neither a 9-millimeter Ruger handgun nor any paperwork for a 9-millimeter Ruger handgun were found. The police also recovered a calendar from defendant’s car. The calendar included entries on April 20, 2015, and May 18, 2015, regarding Vado’s court dates. ¶ 115 Kane County detective Steven Bruening, an expert in cell phone and computer analysis— specifically Cellebrite analysis—testified regarding the data extracted and analyzed from Vado’s phone and defendant’s cell phone, including the series of text messages discussed above. [1] Many of the text messages on defendant’s phone had been deleted but were able to be recovered. However, between August 3, 2014, and September 19, 2014, there was no saved call log or text messaging data on defendant’s cell phone. The cell phone had been repaired right after this time period, and the data could have been lost. ¶ 116 The data extracted from defendant’s cell phone showed the following Google searches: “keith crawford,” “keith crawford bartlett,” “keith crawford Illinois,” “where are dumpsters