APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION
508 N.E.2d 357, 155 Ill. App. 3d 641, 108 Ill. Dec. 196 1987.IL.574
Appeal from the Circuit Court of Cook County; the Hon. Thomas A. Hett, Judge, presiding.
JUSTICE LORENZ delivered the opinion of the court. SULLIVAN, P.J., and MURRAY, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ
On appeal from his rape conviction in a jury trial defendant Larry Jones contends: (1) the State did not prove him guilty beyond a reasonable doubt; (2) certain prosecutorial conduct deprived him of a fair trial; (3) defendant's statements to the police and prosecutors were improperly characterized as confessions; (4) the trial court erred in precluding cross-examination of the complaining witness concerning her place of residence at the time of trial; (5) the prosecution improperly exercised peremptory challenges to exclude all blacks from the jury.
We affirm in part and remand for a hearing on the prosecution's use of peremptory challenges.
The pertinent evidence at trial was as follows. The complaining witness, Wendy, testified that on October 30, 1983, she purchased a coffee table at a church rummage sale and was carrying it to the bus stop when the defendant, whom she had never seen before, approached and offered help. Wendy declined but defendant picked up the table anyway and carried it to the bus stop for her. Defendant offered her a ride home which she also declined. However, 10 minutes later defendant drove up, picked up the table and said "Let's go." Wendy refused this offer but defendant carried the table to his car and tied it on the roof, with Wendy's help. They drove to Wendy's apartment, arriving at about 1:30 p.m. In their conversation they had exchanged names and defendant had told her he worked for the Chicago Housing Authority . Outside the apartment Wendy told defendant she could take it from there, but defendant carried the table upstairs to her second-floor apartment. Wendy waited for him to leave. When he did not do so, she offered to fix him a bowl of soup. He accepted and they both ate soup at her kitchen table.
Wendy received a phone call which she answered in another room. She returned to the kitchen to find defendant still there. She told him she had to meet a friend and he said he would leave. As Wendy led him to the front door he grabbed her and hugged her. Wendy stood back from him, patted his shoulder, and thanked him for his help. He then kissed her, and when she held up her hand to stop him he became very angry.
Trial evidence established that Wendy was five feet, four inches tall and weighed 125 to 130 pounds. Defendant was six feet, one inch tall and weighed 200 pounds. Defendant shouted at Wendy not to push him. She told him not to kiss her. Defendant told her that women "always say they don't want it when they do." When she started toward the front door, he pinned her against a closet and threatened her with a ceramic cup held three inches from her head, ordering her into the bedroom. He also threatened her with a coathanger hook held up to her face. Wendy initially convinced the defendant to talk more at the kitchen table. But he then said he was tired of talking, took a knife from a drawer, and dragged her by the hair into the bedroom with the knife held at her face. Wendy struggled with him but realized he was overpowering her and let him go. She continued to plead with him but he ultimately pushed her down on the bed, pulled her underclothes off, and had forcible sexual intercourse with her. In an attempt to dissuade him Wendy had expressed her fear of pregnancy. He told her she would not get pregnant. After the act he dangled a condom in front of her on the knife before discarding the condom in the bathroom. He told Wendy he was sorry and tried to kiss her. She told him no and told him to leave.
After the defendant left, Wendy called her church pastor and told him what had occurred. That pastor also testified at trial that Wendy, sobbing and distraught, told him that she had been attacked and raped by a man with a knife.
Wendy's male roommate returned during this conversation. He called another friend to whom she spoke for a few minutes. Wendy and her roommate talked and then called a rape hotline number and were told to call the police, which they did. By Wendy's estimate the call to the police was made 45 to 90 minutes after the attack. The police came and Wendy was taken to the hospital, where she was treated in the emergency room. Wendy gave defendant's name and description to the police and hospital personnel. She also told the police defendant worked for the CHA.
Several days later a man came to the apartment and left flowers for her with her roommate. (Defendant subsequently admitted at trial that he had brought these flowers.) Wendy reported this to the police. On November 19, 1983, as she was leaving her church she saw the defendant on the street. He called her name, asked if she had received the flowers, and told her he was sorry. Wendy gave him the name and number of a counselor that she had received from her pastor. (She testified that before defendant left her house after attacking her, he had asked for the number of a counselor.) Wendy then saw a friend approach. She left with the friend, called the police, and identified the defendant when they stopped him on the street.
Police testimony established that defendant's fingerprints were found on a glass from Wendy's home. On the day of his arrest defendant also made two oral statements to the police and an assistant State's Attorney. In those statements he gave essentially the same account as Wendy had concerning the event up to the moment when they shared the soup. Defendant then admitted that he threatened Wendy with a cup, forced her into the bedroom, and had forcible sexual intercourse with her. He subsequently brought flowers because he was sorry for what he had done. Assistant State's ...