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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,
ATTORNEY GENERAL OF ILLINOIS, DEFENDANT.
The opinion of the court was delivered by: Aspen, District Judge:
MEMORANDUM OPINION AND ORDER
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
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
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
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.
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
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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