Appeal from the Circuit Court of Sangamon County; the Hon.
Richard E. Mann, Judge, presiding.
JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:
The facts in this case are singularly odious and repulsive.
Four acts of rape, two anal assaults, and four acts of fellatio — all committed on a young housewife by two home invaders.
A jury found Medley guilty of rape, home invasion, and burglary, and he received concurrent sentences of 45-45-7 years.
In the early hours of a hot June morning, a husband, his wife, their infant son and nine-year-old niece were asleep in their home in Springfield. The husband was awakened by the sound of the screen door opening. When he went to investigate, he saw a man standing over his niece who was asleep on the front room couch. The husband yelled and turned to run for the kitchen. A second man intercepted him, placed a gun to his head and ordered him to be quiet. In all, there were three intruders in the victims' home — two men and a woman. (During the remainder of the events described herein, the female intruder stayed in the front room of the home, watching over the niece.)
The second man then forced the husband into the bathroom and threatened his life and those of his family if he attempted to escape. During this time, the wife came out of the bedroom to investigate the commotion. The first man forced her back into the bedroom, ordered her to undress, and raped her. While the rape was taking place, the couple's three-month-old son, who was asleep on the bed, began to cry. The intruder ordered the wife to quiet the baby so she began to nurse her son.
The two men then took turns raping the wife and ransacking the home. The wife was raped four times, assaulted anally twice, and forced to perform four acts of fellatio. During these attacks, the wife was nursing her infant son in an attempt to keep him quiet. When the intruders were finished, they tied and gagged the victims and then fled with the couple's car, credit cards, and several items of personal property. Four days later, Medley confessed to being one of the intruders. A jury convicted him of rape, home invasion, and burglary.
Medley argues that the prosecution and the trial judge committed several errors which require reversal of his conviction. He argues first that his confession should not have been admitted into evidence because it was the product of an illegal detention, and contends that his detention was illegal because the police failed to take him before a judge without unnecessary delay. We disagree. Medley was not illegally detained. While he was being questioned concerning an unrelated shooting incident, the police received information that he was involved in the present crimes. When confronted with this information, Medley confessed and then led the police to the house where the stolen goods were located. All of this took place during a period of legal detention.
• 1, 2 Even if Medley had been illegally detained, it would not have been error to admit his confession. Failure to bring a defendant before a judge without unnecessary delay will not render a confession per se invalid. (People v. Zepeda (1970), 47 Ill.2d 23, 265 N.E.2d 647.) In Illinois, courts> determine the admissibility of a confession by deciding whether or not it was given voluntarily. (People v. Dees (1981), 85 Ill.2d 233, 422 N.E.2d 616.) Unnecessary delay is only one of the factors which the courts> consider. (People v. Taylor (1968), 40 Ill.2d 569, 241 N.E.2d 409.) It is clear from the record that Medley gave his confession voluntarily and thus it was not error to admit it into evidence.
• 3 Next, Medley argues that it was error for the trial judge to require him to appear before the jury clad in jail clothing. In People v. Wilkes (1982), 108 Ill. App.3d 460, 438 N.E.2d 1385, this court held that it was error to force a defendant to appear before the jury while dressed in jail clothing. In that case, the defendant was forced to appear before the jury dressed in bright orange coveralls with the word "jail" stenciled across the back. The situation in the case before us is not nearly as egregious. The jail clothing which Medley wore was pale green and consisted of a pair of pants and a pullover shirt similar to that worn by surgeons. Furthermore, Medley had ample opportunity to obtain civilian clothing before his trial. Instead, he waited until the moment before the trial was to begin and then requested a continuance so that he could obtain other clothing. Such behavior cannot be condoned. The wheels of ...