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People v. Richardson





APPEAL from the Circuit Court of Cook County; the Hon. NATHAN J. KAPLAN, Judge, presiding. MR. JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:

After a bench trial, defendant, Glen Richardson, was convicted of armed robbery, rape and aggravated kidnapping and sentenced to three concurrent terms of imprisonment of 8 to 24 years.

Defendant now appeals and contends as follows: (1) that the trial court improperly excluded a defense witness' identification of the prosecutrix; (2) that the prosecutor's impeachment of a defense witness was improper because such impeachment was (a) based on matters not relevant to the issue at trial, (b) based on stricken testimony, and (c) based on the testimony of a witness whose identity was not made known to the defendant; (3) that the defendant was unfairly limited in presenting testimony to explain an apparent prior inconsistent statement; and (4) that the trial court erred in entering judgment and imposing sentence on both the charge of rape and the charge of aggravated kidnapping.

We affirm.

At trial, the prosecutrix testified that at approximately 1 a.m. on March 19, 1974, she drove into a parking lot reserved for tenants of her building at 421 Melrose Avenue in Chicago. At this time, the prosecutrix noticed another car enter the lot behind her. As the prosecutrix parked her car and retrieved a suitcase from the back seat, she noticed another man, whom she identified in court as the defendant, Glen Richardson, exit his vehicle and approach hers. The defendant had a small black gun in his hand and told the prosecutrix to give him all her money. She gave the defendant $30 or $40 she had in her purse. Told she could leave, the prosecutrix proceeded to the back door of her building carrying her suitcase. Changing his mind, the defendant told her to hide her suitcase in a small alcove in the parking lot and get into his car, a late model Ford LTD. The prosecutrix did as she was told and sat in the front seat on the passenger's side of defendant's vehicle.

The defendant then drove through an alley and double-parked in front of the prosecutrix' building for several minutes. During this period the prosecutrix made three attempts to escape and each time the defendant grabbed her by the neck and closed the car door. After the third attempt, the defendant held a knife to her throat for five minutes. The defendant then drove around for approximately half an hour, entered an alley, and parked there for approximately half an hour. While in the alley, Richardson changed positions in the front seat of his car with the prosecutrix. He then told her to undress and had intercourse with her against her will in the front seat of his car. The prosecutrix testified that she did not scream out or resist Richardson's advances because she feared for her life.

After this first act of intercourse was completed Richardson permitted the prosecutrix to exit the automobile to urinate alongside the automobile. After the prosecutrix reentered the automobile, Richardson engaged her in conversation briefly, told her to undress again, and had intercourse with her again against her will in the same manner as before. The prosecutrix then dressed and Richardson asked her to be his girl friend, a request he made repeatedly throughout the remainder of the time she was with him.

Richardson then continued to "cruise for quite a while." While they were stopped at the corner of Diversey and Sheridan, the prosecutrix saw a police car some distance away and stopped on Sheridan. Although she believed the door on the passenger side to be unlocked, the prosecutrix did not attempt to escape because she knew defendant was armed.

At approximately 3 a.m., Richardson stopped within two blocks of the prosecutrix' apartment and again asked her to be his girl friend. Thinking it was the only way to get out of her situation, the prosecutrix gave Richardson her correct name and telephone numer. She explained that she feared Richardson would verify this information before allowing her to leave and feared an angry reaction if she lied. After writing the name and telephone number on a piece of paper, Richardson drove to within a half block of the prosecutrix' apartment and allowed her to exit.

The prosecutrix walked to the foyer of her building and encountered Mr. Floyd, the doorman. She told Mr. Floyd that she had just been robbed and raped. This was corroborated by Mr. Floyd who was called at trial as a witness for the State. Mr. Floyd also testified that the prosecutrix seemed distraught, that she was pale and her clothes were disheveled. Her legs seems wobbly and she drew back from him as he tried to steady her. Mr. Floyd suggested that she call a doctor.

The prosecutrix went on to testify that she then called her employer and her fiance. Called as a witness by the State, the prosecutrix' fiance testified that he was awakened by the above call at approximately 3 a.m. During the conversation, the prosecutrix told him that she had been raped and he advised her to see a doctor.

After a short visit with some friends in the same building, the prosecutrix called the police who arrived shortly thereafter to take her statement. Later that morning she was examined by her personal physician who performed certain tests which indicated that she had recently engaged in sexual activity.

The prosecutrix further testified that three days after the rape she received a telephone call from the defendant who wanted to see her that evening. The prosecutrix arranged to meet the defendant that evening at the corner of Clark and Division Streets. After she hung up from this call, she phoned the police and arrangements were made for two plainclothes policemen to be at that corner at the appointed hour.

That evening she drove her car to Division Street, followed by a second car containing her fiance and a friend. As she reached Clark and Division streets, the defendant pulled his car in behind hers and directed her to pull over to the curb. She became nervous and instead drove two more blocks to State and Division where she finally stopped. Although the defendant escaped, the prosecutrix' fiance wrote down his license number. The following evening detective Sam Greiner of the Chicago Police Department visited the prosecutrix and showed her a group of photos. From these photos she picked that of the defendant and identified it as a picture of the man who had robbed and raped her.

Testifying in his own behalf, defendant stated at trial that he first met the prosecutrix on March 8, 1974, 11 days prior to the incident. The defendant explained that he and a friend of his, Chester Dalton, stopped at a carry-out restaurant near the corner of Belmont and Broadway and that Dalton left to buy some food while he waited in his car. As he waited, the defendant noticed an attractive young blonde pull up to the curb directly in front of his car. He had a conversation with the woman and persuaded her to give him her name and phone number. The young woman, ...

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