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People v. Robinson

OPINION FILED AUGUST 28, 1980.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

LEE A. ROBINSON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. AUBREY F. KAPLAN, Judge, presiding.

MR. JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 29, 1980.

Defendant, Lee A. Robinson, was charged by indictment with the offense of rape (Ill. Rev. Stat. 1975, ch. 38, par. 11-1). A jury found him guilty. He was sentenced to imprisonment for a term of 4 years to 4 years and 1 day. Defendant appeals, and we affirm.

On appeal to this court is the single issue of whether the State's identification testimony proved defendant guilty beyond a reasonable doubt.

The complainant testified that on March 2, 1977, at approximately 9:40 p.m., she was returning to her home from the store. A man, whom she later identified as defendant, was walking behind her. He eventually passed her and walked in front of her. By the time she reached the entrance to her building, the man was standing in the doorway. The light above the doorway illuminated the area. The man pointed a gun at her and stated that if she cooperated she would not be harmed. Complainant's testimony revealed the man directed her to a nearby alley. While en route to the alley, the man stopped her and forced her to remove some of her clothing. He then removed more of her clothing himself before forcing sexual intercourse. Complainant testified that during the struggle she and the man were face to face. There was a bright light at the corner of the building, as well as light coming from surrounding apartments, which allowed her to see her attacker.

The complainant further testified that she took a penknife from her coat and attempted to stab the man. In response to this, he jumped up, dragged her to the alley, and had intercourse with her a second time. She recalled there being illumination from a street light in the alley. As well, she remembered the bright lights from a car which interrupted the attack. After the car passed, the man threatened to shoot her. Instead, he turned around and walked away. Complainant then went to her home and called the police.

The complainant had given the police a description of the man who attacked her. She stated he was approximately 5 feet 8 inches in height, because she stood 5 feet 5 inches and the man was "2 or 3 inches taller." She estimated his weight at 118 pounds. He was wearing a green ski jacket, black slacks, and brown suede loafers. In her testimony, complainant stated she thought she told the police that defendant was wearing a hat, but she did not recall telling them one side of his face was swollen.

On March 4, 1977, complainant returned to work at the Veterans' Administration Hospital Dental Clinic. That day, about 1 p.m., she recognized a man in the clinic as the one who attacked her. She recalled seeing him in the clinic on three or four other occasions. A call was placed to the police, but when they arrived the complainant did not see the man there. Later that evening, complainant viewed a lineup and identified defendant. She acknowledged that a photograph of the lineup indicated the left side of defendant's face was swollen although she did not originally report the swelling to the police.

Chicago Police Officer Edward Morange next testified for the State. He was the officer who answered the call to interview a rape victim on the date in question. He said he spoke to the complainant, who was visibly upset, and she told him she had been raped. She did not tell Officer Morange the attacker was wearing a cap or that she had seen him before.

Chicago Police Officer Raymond Latimer testified he went to the complainant's home 2 days after the incident and found a knitted cap and a pair of pantyhose near the scene of the incident. Complainant identified the pantyhose as her own.

The State and defendant agreed to enter certain stipulations which were admitted as evidence and read to the jury. It was stipulated that if Dr. Graeaves had been called he would have testified he examined the complainant and noticed scratches and lacerations on her legs. He would also have stated that he was unable to detect the presence of sperm in the vaginal area. It was also stipulated that Dr. Rubin, if called, would have testified he is an oral surgeon and surgically removed one of defendant's teeth on February 28, 1977. Dr. Rubin would have been heard to testify that when he examined defendant on March 4, 1977, he noticed swelling on the side of defendant's face.

The last witness for the State was Rodney Blach, a microanalyst employed by the Chicago Police Department. He testified to conducting an analysis of hair taken from defendant and hair taken from the cap found at the scene of the incident. Mr. Blach concluded the hairs were similar.

Prior to introduction of defendant's evidence, he moved for a directed verdict and it was denied.

Defense witnesses included Isaac Foster, who had known defendant for 12 years. He testified to accompanying defendant to the Veterans' Administration Hospital on March 4, 1977. Foster ...


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