APPEAL from the Circuit Court of Cook County; the Hon. R.
EUGENE PINCHAM, Judge, presiding.
MR. JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:
After a bench trial, Albert Huff, Eddie Huff, and Byron Lee, a/k/a Byron Lee Huff (defendants), were convicted of the rape and armed robbery of the complainant, and the armed robbery of Julius Mzarteoeuseary. Defendants appeal. Their sole contention is they were not proven guilty beyond a reasonable doubt.
The testimony shows that on February 16, 1978, Julius Mzarteoeuseary, 68 years old, was alone in his apartment in Chicago. At approximately 9:30 p.m. he answered a knock at his door. Four or five men entered forcibly, knocking him to the floor. The intruders tied him up and struck him on the head several times with a pistol. They then robbed Mzarteoeuseary of his wristwatch, a cigarette lighter, four cameras, two boxes of underwear, and a gold medallion on which the likeness of Napoleon was embossed.
After about one hour, the assailants took Mzarteoeuseary to the apartment of his neighbor, the complainant. They knocked at the door. When Mzarteoeuseary answered, she opened the door slightly. The assailants burst into the apartment. They shoved Mzarteoeuseary through the door and to the ground. They ordered everybody to "hit the floor." Also in the apartment at the time were the complainant's stepbrother, Charles Hall, and her 8-year-old son, Frank. Hall was bound and placed on the couch in the living room. Frank was left in his bedroom.
While the others were searching the apartment, one of the intruders ordered the complainant into the bathroom. He made certain the light in the bathroom was out and ordered her to remove her clothing. She refused and he ripped her clothes from her body. He then had sexual intercourse with her while holding a gun to her head. After about 15 minutes, a second man entered the bathroom. He was armed with a pistol. He also had intercourse with complainant. Then a third intruder entered the bathroom. He demanded that complainant perform an act of sodomy. She refused and the man placed his pistol in her vagina and said that he should "blow it off" for refusing his request. He then raped her twice. After about a half-hour, a fourth man, Lamoris Paige, not a party to this appeal, entered the bathroom with complainant's 8-year-old son, Frank. Paige put Frank on the toilet seat and said that he was going to show the child "just what kind of mamma he had." He then raped complainant while Frank sat less than a foot away.
Complainant was then bound and ordered to lie on her son's bed. One of the defendants struck her on the head with the barrel of a pistol. The intruders then left with two of her television sets, some jewelry, some coins and a calculator. Eventually, complainant freed herself, Hall and Mzarteoeuseary. She then sought help from a neighbor, Pauline Williams, who called the police.
Investigators David Olsen and Robert Utter arrived. After talking to the victims and some neighbors, the investigators went to interrogate Lamoris Paige, who lived across the street. Paige was taken to the police station. He admitted being involved in the rapes and robberies, and identified the defendants as participants. The investigators then took Paige to his apartment where they recovered one of Mzarteoeuseary's cameras, some jewelry, a calculator, and a collection of coins, all of which the complainant identified as belonging to her.
Lamoris Paige, the two investigators, and Patrolmen Zaboric and Carter went to the apartment of Albert and Eddie Huff. The two men were arrested and searched. In Albert's possession was found a food stamp receipt in the name of the complainant and some of her jewelry. Albert was later searched at the police station. The police found he had a cigarette lighter which was identified as belonging to Mzarteoeuseary. Eddie was searched at the police station and found to possess Mzarteoeuseary's Napoleon medallion and wristwatch.
The police officers then went to the apartment of Byron Lee and arrested him. There, the police recovered a starter's pistol, which was identified as having been used in the commission of the crimes, and a television set which belonged to the complainant.
The defendants testified in their own behalf. They offered alibis. They also claimed all the property in question was either their own or was "planted" by police officers. The defense did not offer any evidence to corroborate their alibis.
Defendant Eddie Huff testified he did not go to work on February 16, 1978, because of a cold. He remained in bed until 10 a.m. At 5:45 p.m. defendant Byron Lee came over. They brought some vodka and stayed home until 8:30 p.m. Eddie Huff then went to play basketball with a friend, Donald McCoy. Eddie Huff was not with Albert Huff or Byron Lee on the evening the crimes were committed. He denied that Mzarteoeuseary's watch was removed from his pocket at the police station.
Albert Huff testified that about 3:30 p.m. on February 16, 1978, he went to a friend's house. About 8 p.m. he went downtown and saw "Blue Collar" at the Woods Theatre. About 12 or 12:30 a.m. he came home and went to bed. He did not see Byron Lee (defendant) that day. He himself had purchased the cigarette lighter identified by Mzarteoeuseary. He had never previously seen the starter's pistol.
Ronald Dilert, employee of the Woods Theatre, called by the State, testified that he believed the picture "Blue Collar" was shown at the Chicago Theater on February 16, 1978. The Woods Theatre showed "A Hero Ain't Nothing But A Sandwich" on that date.
Byron Lee testified that he went to his mother's house on the evening of February 16, 1978. He and Eddie Huff went to cash his check and then bought vodka. He went back to his mother's home where he, Eddie, his mother and sister played cards until 7:45 or 8 p.m. He remained there until 12 or 12:30 a.m. Later he saw Lamoris Paige carrying a television set. He bought it from Paige for $15. He then took the ...