APPEAL from the Circuit Court of Champaign County; the Hon.
BIRCH E. MORGAN, Judge, presiding.
MR. PRESIDING JUSTICE CRAVEN DELIVERED THE OPINION OF THE COURT:
The defendant was convicted in a bench trial of rape and aggravated kidnapping. He was sentenced to a term of not less than 10 nor more than 25 years in the Illinois State Penitentiary, the sentences to run concurrently. Upon this appeal, he asserts that the trial court committed error in denying discovery of certain evidence before trial; that he was denied his right to counsel at the preliminary hearing; and that the in-court identification was based upon unduly suggestive show-up or photographic identification; and that the trial court prohibited certain offers of proof. Other evidentiary rulings are also assigned as error.
On March 17, 1970, Joanne Hinton, then age 16, was walking from her home to Champaign Central High School in Champaign, Illinois. As was her usual custom, she was following a route that would take her by way of the home of a girl friend with whom she walked to school. Joanne had left her home around 8:00 o'clock in the morning of the date in question.
A man walking in the same direction as Miss Hinton passed her, then stopped and turned around and inquired of her as to the location of the university. Miss Hinton pointed in the general direction of the university. The man had a scarf on that covered the lower portion of his face up to about the middle of his nose.
Miss Hinton crossed the street to avoid further encounter with the man; however, he followed her and again asked her the location of the university. The conversation at that point was described by Miss Hinton in her testimony as follows:
You have a long ways to go.
I have a gun, and I don't want to hurt you. All I want is your money.
I don't want to take it here. Come with me if you don't want to get hurt."
The man placed a knife at her back and they walked to a car described as "greenish-blue". She got in and sat on the passenger side. She was told to keep her head down close to her knees. The man then placed a blindfold over her eyes. When she began to cry, he placed the knife at her throat and ordered her to stop crying. After driving for what was described as a few minutes, the car was stopped and the girl's hands were tied behind her back. The man ordered the girl to take off her underpants but she was unable to do so because her hands were tied. He then removed the underpants himself, started to drive again, and ordered the girl to get into the back seat of the car. Ultimately, she got into the back seat of the car; the man stopped the car, climbed into the back seat, and raped the girl. She stated that she did not attempt to fight him because she was scared she would be hurt.
Miss Hinton was then driven by the man to Westside Park in Champaign, was told to face the opposite direction of the car, and not to look back until the car was gone. She testified that she did not look back, but instead ran to the high school. She there made an immediate complaint to the dean of girls as to the preceding events. She arrived at the high school around 9:00 A.M. Miss Hinton was thereafter taken by her mother to a Doctor Kelso for purposes of examination.
Later that same morning, Miss Hinton talked to officers of the Champaign Police Department, gave a statement to officer Voss, and in the statement gave a physical description of her assailant as around 5 feet 8 inches tall, of small build, with dark brown hair combed over his forehead, having small hazel eyes, of medium voice, and wearing a brown corduroy jacket of three-quarter length. His age was described as between 21 and 22 years.
Also, on the day of the offense, the police asked Miss Hinton to view certain prisoners on a closed-circuit television at the police department. She did so, but did not identify any of the persons viewed as her attacker. About a month later, the prosecutrix looked at a large number of photographs at the police station but did not identify her attacker as being among the photographs shown to her. In her testimony, she stated that she did not see the ...