APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT
510 N.E.2d 997, 157 Ill. App. 3d 552, 109 Ill. Dec. 929 1987.IL.848
Appeal from the Circuit Court of St. Clair County; the Hon. Richard A. Hudlin IV, Judge, presiding.
JUSTICE KASSERMAN delivered the opinion of the court. KARNS, P.J., and WELCH, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KASSERMAN
Defendant, Kenneth Chaney, was indicted by a grand jury in St. Clair County on February 7, 1985, for the offenses of aggravated kidnapping, armed robbery, and aggravated criminal sexual assault. Following a jury trial on May 5-7, 1985, defendant was found guilty of aggravated kidnapping and aggravated criminal sexual assault and not guilty of armed robbery. Defendant was sentenced on June 28, 1985, to concurrent terms of imprisonment of 25 years for aggravated criminal sexual assault and 10 years for aggravated kidnapping. Defendant thereafter appealed, raising issues concerning the sufficiency of the evidence and the jury instructions.
The relevant facts are as follows: On December 14, 1984, the victim left her place of employment in National City, Illinois, at about 12:15 to 12:30 a.m. Approaching the stop sign at Route 3 and Eagle Park Road, she noted another vehicle was stopped in front of her. She waited a short time and then backed up to go around the vehicle. At that time, the other vehicle backed towards her and bumped into the front end of her car. She described the other car as being a mid-'70s, full-size blue vehicle. A black man wearing a three-piece suit, between 5 feet 10 inches and 5 feet 11 inches in height and weighing about 180 to 190 pounds got out of the vehicle from the driver's side and apologized for hitting her car. During the conversation a second man got out of the blue vehicle, came towards her car and stated that her headlight had been broken. The victim testified that during this conversation, "two men started rushing the vehicle and before I could move a revolver came through the door right to my head and I was instructed to unlock the door and let them in." The two individuals got into her car with her but the driver of the blue car did not. The man who came to the driver's side of her car with the revolver was a black male between 5 feet 8 inches and 5 feet 9 inches tall, weighing 170 to 180 pounds. The man who got into the passenger side of her vehicle was a black male approximately the same height and weight but was more fair complexioned. He was also carrying a revolver.
The man on the passenger side pushed the victim's head down and told her not to look at them. He then began removing jewelry from the victim. During this time the victim did not notice what happened to the other vehicle and its driver. The victim stated that her car was driven off with her and the two men inside and that it appeared that they made a U-turn and then proceeded back past the National Stockyards Inn and crossed over Interstate 55-70, going down St. Clair Avenue. Another car came up beside them quickly along the passenger side and its occupant was trying to get their attention. She believed it was the same car that had backed into her at the stop sign. They finally ended up on a dead-end street. After stopping, the two men told her to get into the back. At that point in time she noticed the headlights of another car coming up behind them, and, again it appeared to be the same man in the car that had backed into her at the stop sign. One of the men got out of the victim's car and went back and spoke to the driver of the car behind them. The driver of the car behind them "told the man, he said I don't want any part of any rape or killing. He said I've been in jail before and I'm not going -- he goes, I'm going to get out of here and he left." After the driver of the second vehicle drove away, the same man who had left the victim's vehicle got back into the car.
Up to that point in time the victim had not been able to see, or view, the two individuals in her car. The two males told her to get in the back seat and put the seat down. After the victim got into the back of her car, the two men told her to remove her clothing, at which time she remembered that she was wearing a gold ankle chain, which they removed. One man got in the back seat with her and started having sex with her by placing his penis in her vagina. That was the first time the victim was able to see his face. The second man also got in the back seat and placed his penis into the victim's mouth. She believed that it was the passenger who first had intercourse with her. When the first man was finished, he got out of the car and shut the door. The second man then began having intercourse with her. The first man then opened the car door and yelled to the second man to throw him his pants. The second man threw out the pants and told the first man, whom he called Leon, to shut the door. She was never able to see the face of the second man because he was very careful to keep his face away from her. When the second man finished, he also got out of the car. As she was trying to put on her clothes, they made her get out of the car. While she was looking for an extra set of keys to the vehicle, she again looked at the face of the man called Leon. The two men told her to start walking. She walked towards a wooded area where she kicked off her shoes and began to run. She was picked up by a motorist and taken to the National City police department. The victim testified that the two men had taken from her on the night of the occurrence two gold bracelets, three sets of earrings, a gold diamond ring, a gold band, a solitary diamond, a white gold wedding band, and a gold ankle chain.
The victim accompanied two East St. Louis police officers to the scene of the rape, North 35th Street in East St. Louis, St. Clair County, where her car was still parked. They found her shoes in the field. The victim was taken to St. Elizabeth's Hospital in Granite City and arrived there around 5 or 6 in the morning.
The victim subsequently learned that the owner and driver of the vehicle which backed into her was a Jackie Wilson. The victim stated that one of the men who had intercourse with her on the night in question and who was occupying the passenger seat of her car was referred to as Leon. She subsequently identified him from pictures at the police station and later learned that his name was Leon Gulley. The victim also stated that Leon Gulley referred to the other male driving her vehicle on the night in question as Jules or Julian. The victim admitted that she saw the defendant, Kenneth L. Chaney, at the police station sometime after the incident but was unable to identify him as the other male involved in her rape.
Thomas Verbeck, a police officer from National City, testified that he observed the victim at approximately 1:10 a.m. on December 14, 1984. He observed that the victim was in a very emotional state, hysterical, crying, and wringing her hands. Her clothes appeared to be soiled and wrinkled, and she made a statement that she had just been raped.
John E. Smith of the Internal Affairs Division of the East St. Louis police department testified that he was asked by Detective Boone to listen to a tape of an anonymous telephone call recorded on the police department's communications system, which tapes all incoming calls to the East St. Louis police department. He listened to the tape and identified the voice on the tape as being that of Kenneth Chaney, the defendant. He stated that he has known the defendant for over three years and had heard him speak approximately 100 times. Officer Smith related that defendant's father, Julius Young, was employed by the East St. Louis police department at one time. Isadore Chambers, a police officer for the East St. Louis police department, listened to the same tape and also recognized the voice as that of the defendant. Chambers stated that he has known the defendant for two years and over the two-year period has had quite a few conversations with him.
Detective Walter L. Boone of the East St. Louis police department testified that he was assigned to investigate the kidnapping, rape and armed robbery. Detective Boone testified that after defendant's voice was identified as the voice on the tape, he visited the residence of Mr. Julius Young, who was not actually related to the defendant, but was a "make-believe" father. On December 28, 1984, the defendant contacted Detective Boone, at which time Detective Boone advised the defendant he wanted to talk with him regarding a telephone call. The defendant voluntarily came to the police station to talk with Detective Boone. Detective Boone advised him that he was not under arrest but read him his Miranda rights. Detective Boone testified that the defendant then indicated that he had met Jackie Wilson, Terry Lewis, and Leon Gulley at a liquor store where they told him (the defendant) about kidnapping and raping the white woman in the red Camaro. Defendant related ...