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U.S. EX REL. FULLER v. ATTORNEY GENERAL OF ILL.

May 18, 1984

UNITED STATES OF AMERICA EX REL. REBECCA TRAMMELL FULLER, PLAINTIFF,
v.
ATTORNEY GENERAL OF ILLINOIS, DEFENDANT.



The opinion of the court was delivered by: Aspen, District Judge:

MEMORANDUM OPINION AND ORDER

Petitioner Rebecca Fuller ("Fuller") has filed a habeas corpus petition in this Court pursuant to 28 U.S.C. § 2254. Fuller is currently in the custody of the Illinois Department of Corrections, serving a sentence of seven years for attempted deviate sexual assault, for which she and her husband were jointly convicted on July 2, 1981. On appeal, the Illinois Appellate Court affirmed both convictions, and the Illinois Supreme Court denied leave to appeal.

Fuller challenges her conviction on the following six grounds:

  1. The conviction was obtained through a denial of
  her Sixth Amendment rights to confrontation and
  cross-examination.
  2. The conviction was obtained through prosecutorial
  misconduct so egregious as to deprive her of due
  process of law.
  3. The Illinois Appellate Court denied her due
  process and equal protection by failing to apply the
  "careful review of the evidence" standard required of
  Illinois reviewing courts in sex offense cases.
  4. The evidence is insufficient to support her
  conviction, particularly the evidence showing her
  accountability for the crime, resulting in a
  violation of due process.
  5. The conviction was secured through the
  unconstitutional introduction of similar occurrence
  testimony, which was so pervasive and prejudicial
  that it tainted the entire trial and violated her due
  process rights.
  6. In explicitly considering the similar occurrence
  evidence in sentencing her, the trial court in
  essence convicted her of those alleged crimes,
  denying her rights to trial by jury, due process and
  equal protection.

Presently before the Court is a motion for summary judgment by respondent Illinois Attorney General ("respondent"). For the following reasons, respondent's motion is granted.

I. Facts

Rebecca Fuller and her husband David were indicted for rape, unlawful restraint and attempted deviate sexual assault. The prosecutrix in the case, Dorothy Wojno ("Wojno") testified that she answered an ad for a live-in babysitter that Rebecca had placed in the newspaper. She met the Fullers at a bowling alley and was taken to their home. While there, David gave her a drink which made her "woozy." After a while the conversation turned to sex and "pornography." Rebecca left the room, then returned naked and David began showing a sexually explicit movie. Wojno told defendants she did not want the job and attempted to leave the house. David then sexually attacked her, while Rebecca sat naked on a chair. Wojno finally threw David off her and escaped from the house.

In addition to Wojno, two other women, Dina Purdy and Melody Gibbs, testified that they had also answered Rebecca's ad in the newspaper. Purdy actually lived with the Fullers for a short time. Both women testified that the Fullers had sexually assaulted them while they were in the Fuller home. Defendant's objections to their testimony were overruled.

Rebecca testified in her defense that Wojno had stayed all night with the Fullers at their invitation. Rebecca then drove Wojno to a bus stop in the morning and gave her money for a bus. Rebecca denied that Wojno had been ...


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