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People v. Dotson

OPINION FILED AUGUST 5, 1981.

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

v.

GARY DOTSON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. RICHARD L. SAMUELS, Judge, presiding.

MISS JUSTICE MCGILLICUDDY DELIVERED THE OPINION OF THE COURT:

A jury found the defendant, Gary Dotson, guilty of rape and aggravated kidnapping in the Circuit Court of Cook County. The defendant was sentenced to two concurrent terms of 25 to 50 years in the Illinois Department of Corrections. On appeal the defendant contends that he was not proved guilty beyond a reasonable doubt; that improper conduct by the prosecutor denied him a fair trial, and that his sentence was excessive.

At trial the complainant, a high-school student, testified that on Saturday, July 9, 1977, she was working at a restaurant in a shopping plaza in Homewood, Illinois. She left the restaurant alone at approximately 8:45 p.m. to walk home. While walking through the parking lot of the plaza, the complainant noticed an automobile coming towards her. She jumped out of the way and fell to the ground. Two men stepped out of the car and forced her into the back seat of the vehicle. One man, identified as the defendant, got into the back seat with her. The second man got into the front seat with the driver.

The complainant testified that when the car left the parking lot the defendant sat on top of her, while the passenger in the front seat hooked his arm around her knee. The defendant tore at and removed her clothing. She struggled as the defendant attempted to kiss her. The defendant then inserted his penis into her vagina.

The complainant further testified that after the defendant completed the act of intercourse, he attempted to write words on her stomach with a broken beer bottle. Subsequently, the driver pulled over to the side of the road. She was pushed out of the car and her clothing and purse were thrown at her. The ordeal lasted approximately two hours.

The complainant dressed and began walking. Shortly thereafter a passing squad car stopped to assist her, and she was escorted to the Homewood Police Station. A female police officer accompanied her to the emergency room of South Suburban Hospital. Dr. Andrew Labrador testified that when he examined her in the emergency room he observed a swelling of her head, bruises on her arm, markings on her breast and raised red scratches on her stomach, which looked like letters. Dr. Labrador also stated that he gave the complainant a pelvic examination which revealed abrasions to the hymen and trauma to the vaginal area.

On July 12 the complainant met with a police artist at the Homewood Police Station, who sketched a picture of the rapist. During the next several days the complainant examined several hundreds of photographs at various suburban police stations, but made no identifications. On July 15 she identified the defendant from a picture in a mug book at the Country Club Hills Police Station. Later that evening she identified the defendant in a lineup at the Homewood Police Station.

On cross-examination the complainant admitted that in her description to the police she did not mention that her attacker had a mustache. She also stated that when she viewed the lineup at the police station, she indicated to the police that the fifth individual in the lineup might have been the passenger who was in the front seat. However, the complainant was unable to make a positive identification.

Timothy Dixon, a forensic scientist employed by the State of Illinois, testified that he examined the panties which were worn by the complainant on the night that she was attacked. He analyzed certain human seminal material, which was present in the panties, and concluded that the material came from a group B secretor. Dixon further testified that the defendant was a group B secretor. He further stated that a pubic hair, which was removed from the panties, was similar to that of the defendant but dissimilar to that of the victim.

On cross-examination Dixon admitted that he also tested blood stains which were present on the complainant's panties and blouse. Although he was unable to determine the type of blood responsible for the stains, his testing revealed the presence of A and B antigens. Because both the complainant and the defendant had type B blood, they were not responsible for the presence of the A antigens. Dixon explained, however, that other substances, such as perspiration, dust, wood or detergent, could have caused the presence of the A antigens.

The defendant, who was 22 years of age at the time of trial, testified that on July 9, 1977, he left his home in Country Club Hills before noon with Terry Julian. After spending some time at a local bar, the two men picked up Terry's girlfriend, Pam Olsen. The three friends drove to the home of Terry's mother in Chicago, where they watched television and drank beer until 8:30 or 9 p.m. At that time the defendant, Bill Julian and Karen Lawrence drove to Country Club Hills with the intention of attending several parties.

The group stopped at the home of Michael Marcum for a few minutes. Thereafter, they went to the home of Tom Martens, who accompanied them to various other homes. Eventually, they arrived at a home in Province Town. Because he was tired, the defendant slept in the back seat of the car while the others went to a party inside the home. The next thing the defendant remembers was waking up at home the following morning. The defendant denied raping the complainant.

On cross-examination, the defendant admitted that the fifth individual in the police lineup was his friend, Michael Marcum.

Terry Julian, Pam Olson, Karen Lawrence and Thomas Martens testified on behalf of the defendant and corroborated his alibi. Terry and Pam asserted that the defendant did not leave the home of Terry's mother until 9 p.m. Karen and Thomas testified that the defendant slept in the car while the others attended the party. These two ...


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