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People v. Lucien

OPINION FILED SEPTEMBER 10, 1982.

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

v.

RUDOLPH LUCIEN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County; the Hon. John J. Bowman, Judge, presiding.

JUSTICE NASH DELIVERED THE OPINION OF THE COURT:

JUSTICE NASH delivered the opinion of the court:

Following a bench trial defendant, Rudolph Lucien, was convicted of one count of rape (Ill. Rev. Stat. 1979, ch. 38, par. 11-1(a)); one count of armed robbery (Ill. Rev. Stat. 1979, ch. 38, par. 18-2(a)); two counts of intimidation (Ill. Rev. Stat. 1979, ch. 38, par. 12-6(a)(1)); five counts of aggravated kidnaping (Ill. Rev. Stat. 1979, ch. 38, par. 10-2(a)(3), (5)); and five counts of armed violence (Ill. Rev. Stat. 1979, ch. 38, par. 33A-2). He was thereafter sentenced to concurrent extended terms of imprisonment of 60 years for rape, armed robbery and for each armed violence conviction; 30 years for each aggravated kidnaping conviction; and 10 years for each intimidation conviction. In his brief presented by the appellate defender, defendant contends he was not proved guilty beyond a reasonable doubt; that certain judgments entered for rape, armed robbery, intimidation, aggravated kidnaping and armed violence constitute prohibited multiple convictions for the same acts; and, that imposition of extended terms of imprisonment was improper. Defendant has also filed a brief pro se raising issues that the grand jury proceedings violated his right to due process; bail was excessive; he was denied a speedy and fair trial; and, that the trial court erred in ruling on certain of defendant's motions.

At trial the prosecutrix, Nancy ____, testified that in the early afternoon of December 12, 1979, she was in her apartment in Lisle and responded to a knock on her door. A man, who she subsequently identified as defendant, told her he lived in a nearby apartment and, as he was moving, had a list of articles for sale. He did not identify himself and she had never seen him before. She went to his apartment and, after purchasing a plant, returned to her apartment. Defendant came to her apartment again at 2 p.m. and told her she could have his unsold plants. She returned to his apartment taking her purse containing her wallet and checkbook. After she entered he closed the door and grabbed her, throwing her to the floor. He told her to cooperate and not to make an outcry or struggle. She told him she was pregnant and did not want to lose her husband and baby. Defendant removed her clothing and tied her hands and feet with neckties, then put her in the bedroom closet. He left briefly and returned carrying a knife. He removed her from the closet, united her and began removing his clothes. She ran for the door but he caught her by the hair and beat her. Defendant retied her hands, told her to cooperate or be killed and had sexual intercourse with her.

The prosecutrix testified further that defendant then threatened her with his knife and required her to sign a check from her checkbook made out for $3,000. She advised him her husband would soon be home and looking for her as she had left her apartment unlocked. Defendant said he would lock her apartment door and she was to remain quiet or be killed. When she heard defendant's apartment door close, however, she left by jumping from its second floor balcony to the ground below and ran, naked, across the parking lot to the apartment of another tenant who called the police. She was crying and said she had been raped.

Witnesses staying in an apartment below defendant's heard a scream and saw a bloody, unclothed girl land on the patio and run across the parking lot. They followed her with clothing to the apartment she entered; the girl was lying on a couch and said she had been raped.

Officer William Selby testified he responded to a call to the apartment complex and saw the prosecutrix lying on a couch covered with a blanket. She had marks on her face and was bleeding from her nose. She was crying and said she had been raped and described her assailant, who she identified in trial as defendant.

The prosecutrix' husband arrived and she was taken to a hospital where on examination she was found to have a cut above her nose, black eyes, misplaced teeth with facial nerve damage, extensive body bruises and abrasions and a large clump of loose hair. Semen was found in her vagina.

Officer Selby recalled he had arrested defendant five days earlier and defendant had given that apartment as his address. The prosecutrix identified defendant as her assailant in a photographic lineup at the hospital and a search warrant was obtained for his apartment. Officers there recovered the prosecutrix' clothing, identification papers, a torn check which had been in her purse, bloody bed linen and knotted neckties. Her purse and checkbook were located the next day in a ditch in Lockport.

Other evidence was presented by the State that defendant and a Susan Lucien were lessees of the apartment in which the incidents took place. Defendant's employer testified he had taken sick days off for December 10-13 and on December 14 called to advise he was taking a leave of absence because he wife had died and he needed time away. Defendant left for California December 14 where he was arrested on January 2, 1980. After waiving extradition he was returned to Illinois for trial which commenced June 4, 1980.

Defendant testified in trial that a sexual relationship had existed between himself and the prosecutrix for several weeks. He stated that on the day in question she rode to Chicago with him in the morning and later that day came to his apartment and voluntarily engaged in sex with him; that she had asked him to tie her up with neckties after reading bondage magazines in his apartment. He testified further that she then informed him she was married and might be pregnant with his child. He was leaving his apartment to tell her husband about their affair when she became hysterical, making it necessary for him to slap her face. She fell backwards and tripped over an electric cord falling face first on a nightstand causing her injuries. Defendant stated he believed she had arranged this incident because of the possibility she might give birth to a black baby which she could only explain to her husband as conceived by rape. He denied that he had committed rape or the other offenses charged.

Defendant also testified that while she was in his apartment two friends of his stopped and visited for awhile. He said he had told her to get her clothing out of the living room, but as they were leaving she came out wearing defendant's hooded robe. Sheldon Wicks testified he had known defendant for 10 years, having met him in Stateville. He and Franklin Thomas arrived at defendant's apartment at 2 p.m. on December 12 and visited. As they were leaving a girl came from the bedroom wearing a robe; she was white with brown hair and he assumed she was Susan Wydra with whom defendant had been living. Franklin Thomas testified that as they were leaving he saw a white girl with brown hair wearing a robe. Thomas also testified he had been convicted of armed robbery and had known defendant for 14 years, but would not lie for him.

Randy Lucien, defendant's brother, testified that in November he had invited defendant to spend Christmas with him in Los Angeles and defendant arrived there December 15.

Willie Joe Lester testified that on December 12 he had seen defendant in Chicago with a white woman who had brown hair. William Jefferson testified that in November he saw defendant get out of his car near his apartment and identified a photograph of the prosecutrix as the woman he saw in defendant's car.

We consider first whether the evidence was sufficient to sustain the substantive convictions for rape, armed robbery, aggravated kidnaping and intimidation.

Defendant essentially argues that his testimony regarding a consensual relationship with the prosecutrix was corroborated by other witnesses and that her account of the events occurring on December 12 was improbable.

It is the function of the trial court, sitting as trier of the facts, to determine the credibility of the witnesses, the inferences to be drawn and the weight and quality of the evidence. (People v. Perez (1981), 94 Ill. App.3d 377, 381, 418 N.E.2d 969, 972, appeal denied (1981), 85 Ill.2d 572; People v. Sakalas (1980), 85 Ill. App.3d 59, 68, 405 N.E.2d 1121, 1129, appeal denied (1980), 81 Ill.2d 597; People v. Lucien (1978), 66 Ill. App.3d 280, 289, 383 N.E.2d 735, 742.) While a reviewing court has a special duty to carefully review the evidence in cases involving rape, this does not permit it to simply substitute another view of the evidence. People v. Utinans (1977), 55 Ill. App.3d 306, 314, 370 N.E.2d 1080, 1086, appeal denied (1978), 71 Ill.2d 601.

• 1 In this case the testimony of the prosecutrix was clear, convincing and corroborated by other evidence. (See People v. Lee (1961), 23 Ill.2d 80, 177 N.E.2d 199.) She promptly complained to the police and others after escaping from defendant's apartment by jumping from the second floor balcony in order to get away from him. (People v. Trejo (1976), 40 Ill. App.3d 503, 509, 352 N.E.2d 68, 72.) Her injuries and extreme emotional upset were apparent tending to refute defendant's assertion she had consented to his conduct. (People v. Kilgore (1976), 39 Ill. App.3d 1000, 1003, 350 N.E.2d 810, 812, appeal denied (1976), 63 Ill.2d 560.) The trial court also took into consideration photographs in evidence and her clothing and certain bloodstained items found in defendant's apartment. The judge stated he considered defendant's testimony illogical and inconsistent with the evidence presented by the State.

Defendant's witnesses, who testified they had seen him with a white girl having brown hair, did not identify the prosecutrix as that girl, except for William Jefferson. However, Susan Wydra, defendant's former girlfriend, testified in rebuttal it was she who was with defendant on that occasion.

We conclude the evidence presented in trial was sufficient to establish defendant's guilt beyond a reasonable doubt. People v. Collier (1978), 66 Ill. App.3d 1007, 1010, 384 N.E.2d 497, 499, appeal denied (1979), 74 Ill.2d 587.

Defendant also contends that the judgments entered on counts 1-8, 13, 14 and 16 must be vacated as multiple convictions in which more than one offense has been carved from single physical acts. Judgments of the conviction were entered under the following counts of the indictment for these offenses:

1. Rape, Ill. Rev. Stat. 1979, ch. 38, par. 11-1(a).

2. Armed robbery (while armed with knife, took check and purse), Ill. Rev. Stat. ...


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