Before Officer Gorecki (Gorecki), a police dispatcher, testified, Williams objected to the introduction of a police dispatch card. However, the trial Judge allowed the officer to testify as to a limited portion of its contents, namely, that Williams had called the police department at 12:43 a.m. Gorecki did not testify as to the notation on the card which said "unfounded."
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
512 N.E.2d 35, 159 Ill. App. 3d 527, 111 Ill. Dec. 131 1987.IL.1071
Appeal from the Circuit Court of Cook County; the Hon. Gino L. Di Vito, Judge, presiding.
PRESIDING JUSTICE SCARIANO delivered the opinion of the court. STAMOS and BILANDIC, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCARIANO
Defendant Sandy Williams (Williams) was prosecuted under an information consisting of one count each of aggravated criminal sexual assault, armed robbery, and aggravated kidnapping and was convicted by a jury on all counts. At the sentencing hearing, the trial Judge imposed concurrent sentences of 25 years in prison for each of the crimes. Williams appeals both the convictions and the sentences imposed.
What follows is a summary of the evidence adduced at trial. On November 3, 1984, Gale was attending a wedding reception with her sister Rebecca. At about 10 p.m., Gale left the reception to get Rebecca's car, which was parked a half block away. As Gale opened the car door, she felt something in her back. Turning quickly around she saw a man with a gun pointed at her, but when she attempted to escape, Williams put the gun to her head, cocked the trigger, and forced her into the front passenger seat of the car. Williams told her that he needed some money, and when Gale indicated that she had only $5, he started the car, took the money, and pulled away while holding his arm around Gale with the gun pointed at her side.
When Gale asked Williams to let her go, he refused. He then drove to the beach, stopped the car, unlocked the back door, opened it, quickly went out the front door, locked it, and reentered the car through the back door. Williams motioned with his gun pointed at Gale and forced her to climb over the front seat. She then complied with Williams' request that she remove her clothes, and after he removed his own he forced her to perform fellatio. About five minutes later, after complaining that Gale was biting him and yelling, Williams pushed her on the seat and forced her to have sexual intercourse, after which he dressed and ordered her to dress.
When asked, Gale told Williams where she lived and that she had a stereo at home, whereupon Williams got into the front seat and had Gale sit next to him. He then remarked that he planned to drive Gale home, where she was supposed to get the stereo in order for him to sell it. Instead, he drove to a vacant lot and forced her into the back of the car again. Williams left the keys in the ignition and placed the gun between the door and the seat on the driver's side of the car. Both undressed and Williams once more compelled her to engage in sexual intercourse and oral sex.
When she began to dress, Gale reached to the floor for her shoes and felt Williams' wallet, which she pushed under the seat. He went out the back door, but before he could get into the front seat, Gale locked both doors, jumped into the front seat, and retrieved the gun. Williams began to bang on the window with his right hand, but she pointed the gun at him and threatened to blow his head off if he did not back away. As he jumped back, she started the car and drove off.
Gale drove until she reached a couple, who assisted her. When Cicero police officer DeFalco (DeFalco) arrived, Gale told him that she had been raped and that she had pushed the rapist's wallet under the car seat. DeFalco checked the car and discovered a gun and a wallet. When he opened the wallet he found photo identification cards inside with the name "Sandy Williams" thereon. After DeFalco arranged for a Chicago policeman to handle the case, Officer Wilkosz (Wilkosz) arrived. Wilkosz searched the auto and discovered a man's jacket, which contained another wallet with papers. Gale told him that her assailant had been wearing the jacket, and when Wilkosz inspected the pockets he discovered a silver chain, a gold chain and a wedding band, all of which Gale described as having been taken from her.
Williams' alibi was as follows. Annette Williams (Annette), defendant Williams' wife, testified that he left home to purchase milk at approximately 8:30 p.m. on November 3, 1984. Williams testified that he was the victim of a robbery. An occupant of a four-door dark blue car pointed a gun at him, ordered him into the car, told him to give up his jacket and wallet, and lie on the floor. When the car stopped, he was told to leave the car. Williams then hailed a cab, which took him home, and the cab driver accepted Williams' remaining $5 bill as complete payment for the $18.75 fare.
Williams further testified that he called the police on the way home, but was told to call again when he got home. Consequently, he hung up and called his wife, which Annette confirmed. Williams arrived home at 11 or 11:30 p.m. Both Williams and his wife testified that he telephoned the police and that officers arrived and spoke with them. Williams told an officer what had transpired and was told that he had lost his coat and wallet to a prostitute. ...