Appeal from the Circuit Court of Cook County; the Hon. John W.
Crilly, Judge, presiding.
JUSTICE QUINLAN DELIVERED THE OPINION OF THE COURT:
After a jury trial, defendant Kenneth Williams was found guilty of rape and unlawful restraint and sentenced to concurrent terms of imprisonment of 16 years for rape and three years for unlawful restraint. On appeal, defendant contends (1) the trial court erred in denying his motion to quash his warrantless arrest, (2) the motion to suppress evidence should have been granted because the search was conducted without a warrant and without consent, (3) he was not proved guilty beyond a reasonable doubt, (4) blacks were systematically excluded from the jury, (5) the jury was instructed improperly, and (6) the sentence for rape was excessive.
At trial, the complainant testified that at about 3:30 a.m. on September 1, 1980, she went for a walk and was abducted at gunpoint in the vicinity of 1106 West 63rd Street in Chicago. A man whom she identified as defendant told her he would kill her if she screamed and forced her to walk through a vacant lot and alley to a stairwell of a building. The stairwell was wet and muddy because it had rained that evening. Defendant told complainant to undress, and when she refused, defendant threatened to kill her.
Defendant had anal and vaginal intercourse with complainant. Complainant was forced to stay in the stairwell for 15 minutes. During this time, defendant said he was a security guard and showed complainant handcuffs and a badge.
Defendant thereafter led complainant from the stairwell at gunpoint, and they walked down the alley for about two blocks until they reached a gray garage. A lawn mower was inside the garage, and carpeting and some pillows were on the floor. Defendant ordered complainant to undress again and threatened to kill her when she refused. After complainant obeyed defendant's order, he forced her to have intercourse with him. After complainant dressed, defendant walked her to the alley and told her she could leave. Complainant walked to 59th Street and Racine, where she hired a taxi to drive her to her boyfriend's house. At about 10 a.m., complainant went to St. Bernard's Hospital, where she spoke to police and medical personnel. Complainant was treated, and the hospital staff performed several tests on her concerning the incident.
Complainant further testified that at 11:55 p.m. on September 1, 1980, she viewed a lineup at the police station. She identified defendant from the lineup of five people. At the time of the incident, defendant was wearing a white, short-sleeved shirt, a brown vest, dark pants and white gym shoes with black stripes. A patch of a McDonald's logo was sewn to his shirt sleeve.
Victor Jones, complainant's boyfriend, testified he saw the complainant at about 5 a.m. at his home at 7944 South Chappel. Complainant was crying, and her clothes were dirty, muddy, wet and torn. She said she had been raped in the vicinity of 63rd Street by a man who forced her into an alley and a garage. She said the man was wearing dark pants and a shirt with a McDonald's patch or security guard emblem sewn on the sleeve. She further told Jones that the man had handcuffs, a weapon, and a badge and told her that he was a security guard. Complainant took a shower, changed clothes, and called her mother. She took a cab home.
Officer Robert Williams of the Chicago police department testified that he spoke to complainant at St. Bernard's Hospital at 9:30 a.m. on September 1, 1980. He thereafter went to 1106 West 63rd Street to a vacant lot which complainant had described. He went through the lot to an alley and examined the stairwell of a building adjacent to the alley. He observed mud, debris and gym shoe prints in the stairwell. Complainant described the offender as a black male, approximately 20 to 25 years old, wearing a dark vest, white short-sleeved shirt with a McDonald's emblem on the sleeve, dark pants and white gym shoes with black stripes. She told Officer Williams that a man approached her on the street, put a gun to her side and forced her through an alley and into a stairwell. She was raped in the stairwell, taken to a garage and raped again there.
Officer Andrew Jones testified that he interviewed complainant at St. Bernard's Hospital on September 1, 1980. Complainant gave a description of the offender and told where the incident took place. Jones and his partner looked for the location of the offense. In the stairwell where the offense occurred, Jones saw gym shoe prints in the mud. The officers then went to a garage about two blocks away in the 6000 block of South May, where complainant stated she had also been taken. The officers entered the yard through an open gate and looked into the garage through the open garage door. Jones observed a lawn mower and a carpet in the garage. The officers spoke to defendant, and defendant said he lived in the house at that address and that his grandmother parked her car in the garage. Defendant accompanied the officers to the garage and gave them permission to enter the garage. Jones identified a photo of the garage depicting carpeting, pillows, a lawn mower, boxes, and plywood on the garage floor. They returned to the hospital because they needed a more detailed description of the defendant. After they spoke to complainant again and obtained additional information, they returned to the South May address. Defendant was not present, but his aunt allowed the officers to enter the house and instructed defendant's brother to take them to defendant's room in the basement. Defendant's brother showed the officers defendant's bed. Alongside the bed were clothes which matched the description of the clothes complainant stated her assailant wore at the time of the offense. The officers saw a white shirt with a McDonald's emblem sewn on the sleeve, a brown vest, and a pair of black and white gym shoes. The shoes were wet and muddy. The officers recovered and inventoried the clothing. Defendant's aunt told police that defendant was at his girlfriend's house. The officers proceeded to the friend's house and spoke to her mother. Defendant was not there. The officers waited three to four hours for defendant to return, but were relieved by Officer Junkins.
Officer Clarence Junkins, one of the arresting officers, reviewed Jones' report and phoned defendant's girlfriend's aunt, Mrs. Sharpe. Mrs. Sharpe phoned the officers at about 8:30 p.m. and said defendant was at her home. The officers arrested defendant at Sharpe's home. They advised defendant of his rights and recovered a pair of handcuffs, two handcuff keys, and a special police badge during a pat-down search. Mrs. Sharpe admitted the police into her home. Police never drew their weapons.
Detective Dennis Bolda talked to defendant at the police station at about 9 p.m. on September 1, 1980. He advised defendant of his rights and the reason why he was in custody. Defendant denied knowledge of the incident. Defendant stated he was employed at McDonald's at Madison and Wells. Bolda conducted the lineup that evening at which complainant identified defendant. At 11 p.m., defendant was interviewed by Assistant State's Attorney Moran in the presence of Detective Bolda. Moran advised defendant of his rights. When Bolda told defendant he had been identified by the complainant, defendant still denied any knowledge of the incident. He said he had spent the evening with his girlfriend and had taken her home at 11 p.m. He went to a bar until about 2 a.m. and then to a restaurant with two of his friends Butch and Kevin. He arrived at home at 3 a.m. and went to bed. Bolda contacted Denise Cargill, defendant's girlfriend, who said defendant was with her until midnight. Defendant's grandmother said defendant arrived home about 2:40 a.m. and went directly to bed. Bolda and Moran spoke to defendant again at 11:30 p.m., and Bolda told him they had recovered the clothing from his home. Defendant then confessed and said he had had intercourse with complainant in the stairwell and in the garage. On cross-examination, Bolda testified that Victor Jones told him he did not believe complainant had been raped, but that she was merely trying to get sympathy from him because of the fight they had had earlier that evening. Police did not recover the clothing worn by complainant at the time of the incident.
Dr. Dennis Malecki, an emergency room physician at St. Bernard's Hospital, testified he examined complainant on September 1, 1980, at 11 a.m. Complainant said she had been sexually assaulted and was seeking medical treatment. Dr. Malecki took vaginal and rectal smears and placed the slides in an evidence envelope. James Van Tillburg, a microanalyst for the Chicago police department, analyzed the smears and testified that only the vaginal smear contained sperm.
Defense witness Rosa Lee Johnson testified that her son Butch, his friend Kevin, and defendant were in Butch's room until 2:30 or 3 a.m. on the morning of September 1, 1980. They went out to eat and returned at 3:15 a.m. Defendant left Johnson's home at about 4:30 or 5 a.m.
Robert Johnson testified defendant was at his home from about 10:30 p.m. on August 31, 1980, until 2:30 a.m. the following day when he, defendant and a friend Kevin went to a restaurant. They returned to ...