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People v. Redman

OPINION FILED MARCH 6, 1986.

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

v.

STEVE REDMAN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Sangamon County; the Hon. Raymond L. Terrell, Judge, presiding.

PRESIDING JUSTICE MCCULLOUGH DELIVERED THE OPINION OF THE COURT:

Following a jury trial in the circuit court of Sangamon County, defendant, Steve Redman, was convicted of rape in violation of section 12-13 of the Criminal Code of 1961 (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 12-13) and home invasion in violation of section 12-11 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 12-11). Defendant was sentenced to 22 years of imprisonment. Defendant appeals. We now affirm.

Defendant was charged by information with the rape of the complainant and the home invasion of complainant's home.

Prior to trial defendant filed a motion in limine requesting that the State be precluded from impeaching defendant's credibility with defendant's prior convictions, July 24, 1984, for rape, deviate sexual assault, armed robbery, and a prior conviction, theft over $300, May 7, 1980. The court denied the motion and ruled that all four prior convictions were admissible for impeachment purposes.

A jury trial was held. The following witnesses testified on behalf of the State.

The 18-year-old complainant testified that in May 1984 she lived in a two-bedroom house in Springfield. Complainant lived with a roommate, Kathy Prosise.

During the afternoon of May 22, 1984, complainant, Prosise, and another friend, Debbie Durheim, drove to Lake Springfield for a party at which they met defendant. After the party complainant returned home. While complainant was home alone, defendant came to her residence looking for Prosise. Defendant waited until Prosise returned. When Prosise returned, she and defendant went into Prosise's bedroom. Defendant spent the night with Prosise. Complainant next saw defendant as he was walking out of the bathroom the following morning.

During the evening of May 25, 1984, Prosise stayed with Durheim's children at Durheim's home while Durheim and complainant drove around and talked. Before she had gone out with Durheim, complainant had not seen defendant at her own residence. On cross-examination complainant stated that Prosise had told her earlier that she would be spending the night at Durheim's residence.

At approximately 2:15 a.m. on May 27, 1984, complainant returned home alone. At approximately 2:30 a.m., complainant went to bed and to sleep, leaving the lights on as she ordinarily did.

At approximately 3 a.m. complainant awoke, believing that she heard the storm door rattling. When complainant entered the living room, she saw defendant without a shirt. On cross-examination, complainant stated that she did not see a ring on defendant's right hand. Defendant immediately switched off the ceiling light which had been on in the living room.

When complainant asked defendant why he was there, defendant responded that he heard someone say, "Come in." When complainant responded that no one had said, "Come in," defendant stated, "Well, it must have been on the radio." No radio was on at the time. When defendant asked about Prosise's whereabouts, complainant told him that Prosise was at Durheim's residence. On cross-examination, complainant stated that defendant said that Prosise told him to meet her at her own residence. Complainant also stated on cross-examination that she was not afraid of defendant since he had stated he came to see Prosise. Defendant asked if he could use the bathroom and complainant responded that he could. Although a telephone was present, complainant did not telephone anyone while defendant was in the bathroom.

When defendant came out of the bathroom he was holding a knife approximately six to seven inches long. He put a hand on complainant's shoulder and told her to do exactly as he said or he would kill her. Defendant pushed complainant into her bedroom, shoved her onto the bed, and forced her to have sexual intercourse with him. Complainant stated that defendant did not ejaculate during intercourse. Afterwards, defendant apologized profusely and drove away in his automobile.

After defendant left, complainant was frightened, so she decided to leave. She first drove to her boyfriend's house, but he was not at home. She next drove to Durheim's residence. Complainant told Prosise and Durheim that she had been raped by defendant. Complainant then went to the hospital, and the police were notified.

Complainant testified that prior to May 26, 1984, the window screens on the outside of the house had not been cut. Upon her return home from the hospital, complainant saw that the window screen outside Prosise's bedroom had been cut. Photographs of the house and the cut screen were identified and admitted into evidence.

Complainant identified two exhibits as photographs of her face taken the day after the rape which depicted a mark upon her lip. Complainant testified that the mark resulted from defendant slapping her during the rape.

On May 31, 1984, complainant attended a lineup at which she identified defendant as her assailant.

Kathy Prosise testified next. She stated that she met defendant at a party at Lake Springfield on May 22, 1984, and that defendant stayed with her in her bedroom the night of the party. Prosise's testimony substantially corroborated complainant's testimony with respect to the events at Durheim's residence before and after the alleged rape. Prosise stated that she had not seen defendant at her residence prior to going over to Durheim's residence on May 25, 1984. Prosise added that complainant was carrying a knife when she arrived at Durheim's house at approximately 4 a.m.

Prosise also testified that when she returned home on May 26, 1984, she noticed that her bed had been moved and that the alarm clock which normally sat on the windowsill had been knocked onto the floor. Prosise stated that she normally leaves her window open six inches. She did not look at her window until several days later, at which time she noticed that the screen had been cut.

Debbie Durheim's testimony also corroborated complainant's testimony concerning the party at Lake Springfield and the events ...


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