APPEAL from the Circuit Court of Cook County; the Hon. ROBERT
L. SKLODOWSKI, Judge, presiding.
MR. JUSTICE ROMITI DELIVERED THE OPINION OF THE COURT:
Defendants Patton Jenkins and Frank Gibson were charged by indictment with committing the offenses of rape and aggravated kidnapping. Both defendants were found guilty of these charges in a bench trial and were sentenced to concurrent terms of seven years on each charge.
On appeal defendants contend that their rape convictions, which were based on an accountability theory, should be reversed because the State failed to prove that defendants assisted any person in committing such an offense. Defendants' convictions for aggravated kidnapping were based on the commission of a rape during a kidnapping; consequently they contend that these convictions should be reduced to kidnapping and the cause remanded for resentencing.
We affirm the judgment of the trial court.
The State's evidence was as follows. On November 29, 1975, Patricia B., then a 21-year-old student at a Chicago business college, met at a tavern a man identifying himself as Dan. Patricia later learned that his real name was Elmer Butler. Butler claimed to work for a modeling agency and offered to prepare a portfolio for Patricia at a reduced price. Patricia, who had previously modeled for a church organization, agreed to pose for him and gave him her telephone number. Butler called her at home and arranged to meet her at the Museum of Science and Industry on December 15, 1975. They met there the afternoon of that day and Butler took photographs inside and outside the museum. Patricia then agreed to accompany him to what he said was his studio at 62d and Harper, several blocks from the museum. Patricia described the studio as a 1 1/2-room apartment with a separate bathroom and a large room containing several pieces of furniture including a bed. Butler took a number of photographs. Then as Patricia was rearranging her hair, which she had altered for the session, Butler grabbed her around the neck and threw her onto the bed. When she screamed he threatened to harm her with a sharp object held to her neck. He stripped and bound her, applied a blindfold and gag, and raped her. When she asked him to release her he said she was being held for a $300 ransom. He then raped her again. Someone entered the apartment and Butler told that person to find his friends and tell them to return to the apartment.
Shortly after this the doorbell rang. Butler instructed Patricia to dress and led her, still blindfolded, into the bathroom. He answered the door and then led Patricia into the room to be "introduced," blindfolded, to two men who had come in. Butler told the men "I told you that we wouldn't have to wait that long and that we'd get somebody." He then left the apartment to call Patricia's mother, telling the men they could put their guns away. In 10 minutes he returned saying that her mother was not home yet. When Patricia became tired she was led to the bed where she lay down and fell asleep. She was awakened by Butler who again told her he was going to call her mother. He returned in 15 minutes to report that her mother said she would cooperate and that he would contact her again the next day at 5. Patricia had heard three male voices that day in the apartment, including Butler's voice.
Patricia's mother, who lived with Patricia, received a call at about 11:30 in the evening from a man who demanded a ransom of $500 and threatened that Patricia would be killed if the authorities were notified. She was instructed to await a 5 p.m. call the next day. She notified the police and the F.B.I. of the call.
Patricia slept again and was awakened in daylight to find someone lying next to her. That person had a conversation with another man in the room about getting food. The two voices were the same ones she had heard the evening before; neither was that of Butler. One of the men left briefly to get food and drink. As she ate the two men discussed what they would do with the money they were to receive. Butler returned to the apartment and discussed with the two men what they would do if they were Patricia. They agreed that they would not tell the police. The group was in what Patricia described as the kitchen of the apartment although she did not testify that this was a separate room.
Butler told the men they could rest. He placed Patricia on the floor near the bed and raped her. The doorbell rang and he led her to the bathroom where he again raped her. One of the two men with whom they had been sitting knocked on the bathroom door and said it was all right to come out. Butler told him he was using the bathroom and raped Patricia once more. Butler then left the apartment, telling Patricia he was going to contact her mother and if all went well she would be home by 6. He also told her he could not control sexual abuse by the others. After Butler left someone else entered the bathroom and raped Patricia.
On December 16 at 5 p.m. Patricia's mother received a telephone call instructing her to go to 52nd and Cottage Grove to retrieve a message in a phone booth. She went there but found no message.
At the apartment Patricia was led from the bathroom to a chair. There was silence for a long period, and then she heard a new voice of someone who stuttered. After 6 p.m., a time she pinpointed by hearing a radio, she asked what was going to happen to her. A voice which was the same as that of one of the two men she heard that morning told her she would be released when Butler returned if all went well. Patricia was still blindfolded. Shortly thereafter Butler returned to tell her he had missed contact with her mother but would give her one more chance.
Patricia was informed that she would be taken to another location and released. Her blindfold was removed but she was warned that she was to be released, after the ransom was received, only because she had not seen the other two men. If she saw them she "would have to be taken care of." Accordingly she was instructed to keep her eyes closed and not to lift her head. She was led to a car by Butler and got in the back with him. The other two men from the apartment got in the front. Again she knew them to be the same men by their voices.
After driving for some time the car stopped and Butler got out, saying that he was going to call Patricia's mother to arrange the meeting. One of the two other men got into the back seat with Patricia.
At 9 p.m. Patricia's mother received a telephone call instructing her to go to 92nd and Halsted; there a note had been left instructing her to leave the money and go home. She left ...