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05/29/87 the People of the State of v. David Phillips

May 29, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DAVID PHILLIPS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

511 N.E.2d 1193, 159 Ill. App. 3d 483, 110 Ill. Dec. 873 1987.IL.709

Appeal from the Circuit Court of Tazewell County; the Hon. Richard E. Eagleton, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE BARRY delivered the opinion of the court. STOUDER and SCOTT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BARRY

Following a jury trial, the defendant, David Phillips, was found guilty of aggravated kidnapping and one count of aggravated criminal sexual assault. He was sentenced to concurrent extended prison terms of 40 years for the aggravated criminal sexual assault and 25 years for the aggravated kidnapping. The defendant appeals. We affirm.

The evidence tended to establish that at approximately 10:30 p.m. on June 8, 1985, the victim's mother and a friend, Harold Jackson, were out on the front porch of the mother's home in North Pekin. The victim, aged two years and nine months, and her nine-year-old brother had fallen asleep on the living room couch. The victim was wearing a pale yellow nightgown. The mother checked on her children at about 11 p.m. and then again shortly before midnight.

At around midnight, the defendant drove up to the residence in a dark-colored Maverick. According to the mother, the defendant was a casual acquaintance, having been at her home three or four times previously. After a brief conversation with the mother and Jackson, the defendant asked to use the bathroom. The defendant entered the residence through the front door. A short time later, the mother and Jackson heard the back door slam; Jackson observed a person carrying a white object away from the house, toward the garden. A few minutes later, the mother heard the back door slam again. The defendant reappeared via the front door, talked with the pair for a few moments, and left.

About 5 to 10 minutes after the defendant's departure, the mother discovered that her daughter was missing. The police were called, volunteers were gathered, and a massive search for the victim commenced.

Jeffrey LaSee was staying at a residence in North Pekin on the night in question. At an early morning hour he noticed lights and looked outside. He saw some squad cars pass by. LaSee observed a dark-colored Maverick nearby on Roosevelt Street. As the Maverick's driver's door opened, LaSee saw a small, naked child placed out of the car onto the street. The car then speeded away from the scene and searchers picked up the child.

Volunteer searcher Bruce Cool retrieved the completely nude victim near the area where LaSee observed the parked Maverick. He later recovered the victim's nightgown from the same area.

The mother took the victim to the hospital. The examination revealed redness in and around the vaginal area but no indication of penetration. The outside of the anal area appeared red and the inner portion was grossly enlarged. Also, seminal material was obtained from a rectal swab.

The following day, June 9, the mother noticed that the victim was acting strangely. She would not eat, was not playful, and would not smile. She also complained of pain and would not sit in her bath. At approximately 5:30 that afternoon, the victim's brother made a statement to the mother about a friend of his named "David," not the defendant. Upon hearing the name, the victim responded: "David bad. David bad. Pushed out of car. Wanna go home. Rocks hurt my feet. Wanna go home."

According to the defendant's statement, he had been working until 11:30 p.m. on June 8. The defendant stopped at the mother's residence at about midnight, thinking that his brother and sister-in-law might be there. After talking briefly with the mother and a male subject, the defendant asked to use the bathroom. On his way out, he noticed the victim and her brother, for whom he had babysat twice, lying on the couch. He then left and arrived at his brother's house at about 1 a.m. The ...


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