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04/02/87 the People of the State of v. Marvin Jarnagan

April 2, 1987





506 N.E.2d 715, 154 Ill. App. 3d 187, 106 Ill. Dec. 915 1987.IL.427

Appeal from the Circuit Court of Sangamon County; the Hon. Stuart H. Shiffman, Judge, presiding.


JUSTICE McCULLOUGH delivered the opinion of the court. SPITZ, P.J., and GREEN, J., concur.


We affirm.

Kathleen Orr testified that on July 3, 1985, she and Ray Barber lived in Springfield. She was working toward her master's degree, and as part of the program, she was a political reporter covering the State legislature. She returned from work after 12 midnight on July 3, 1985. She sat on the living room floor, watched television, and at approximately 1 a.m., went to bed. She smoked Newport Lights cigarettes and has never smoked Kools. She was awakened by a doorbell. Defendant was standing in the hallway with a large, fluorescent light shining on his face. Orr had met defendant about three months earlier. Defendant asked if Barber was home and said, "Remember me, I'm Marvin." He then said he owed Barber money, wanted to repay him, and asked if he could give Orr the money. She agreed and opened the door. However, she became suspicious and tried to shut the door. Before she could lock it, defendant forced his way into her apartment. Orr identified defendant as her assailant for the record.

Orr continued that after defendant entered the apartment, he put his hand behind her arm and asked when Barber would return. She told him that she did not know and asked what time it was. Defendant told her it was approximately 3 a.m. At his instruction, she lay on the dining room floor for several minutes. Then, he told her to get up, and they entered the kitchen, where defendant took a steak knife from a drawer. She and defendant went to the bedroom where he instructed her to lie on the bed and remove her clothing. She did so. He then asked if she had any money. She told him that she had some money in the living room. Defendant held the knife close to her as she was getting the money. They returned to the bedroom where defendant asked if she had any other valuables.

Orr further testified that defendant repeatedly asked her who he was, and reminded her that he had stated his name at the door. Defendant stabbed Orr, and she lost consciousness. When Orr regained consciousness, she tried to obtain assistance. Orr could not estimate how much time elapsed between the attack and Barber's arrival. The police arrived after Barber. She told the police and Barber that defendant was the assailant.

On cross-examination, defense counsel again elicited that Orr had identified defendant at the scene as her assailant. Orr admitted that she did not remember whether her assailant had cigarettes. In her initial statement to the police, she did not tell them that defendant had told her the time. In fact, however, she estimated the time based upon his statement.

Barber testified that he met defendant when they were patients at an alcohol and substance abuse center. Barber admitted being convicted of theft and burglary. Defendant had been at his apartment once prior to the July incident. Barber discovered Orr after he returned from work. She told him that defendant had committed the offense. Barber noticed keys and cigarettes on the living-room floor.

On cross-examination, Barber stated that he arrived home at 3:25 a.m. Defense counsel then elicited again that Orr told Barber that defendant committed the offense. Barber stated that when he and defendant were roommates, defendant smoked Kools. No fingerprints were recovered from the keys or cigarette package.

Orr's treating physician testified that Orr had sustained five stab wounds to the chest, one stab wound in her hand, and was in a near terminal state when she arrived at the hospital. Because of the nature of the injuries, she could have been injured anywhere from an hour to several hours before her arrival at the hospital. Harlan Sanders, a Springfield police officer, testified that he was dispatched to the scene at 3:30 a.m. on July 3, 1985. As he was examining Orr's wounds, she identified defendant as the assailant. On cross-examination, defense counsel asked if Barber said anything on the way into the apartment. Sanders responded that he had. Counsel then asked what he had said. Sanders responded that Barber said defendant committed the offense.

Detective David Hurrelbrink testified that he went to the hospital and saw Barber. Barber told him Orr identified the defendant as the assailant. Hurrelbrink then assembled photographs from his files. Orr pointed to defendant's photograph. Hurrelbrink further testified that he took the keys and procured a search warrant for 523 West Monroe Street, two blocks from the victim's residence. The ...

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