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01/26/88 the People of the State of v. Roger Henne

January 26, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROGER HENNE, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

518 N.E.2d 1276, 165 Ill. App. 3d 315, 116 Ill. Dec. 296 1988.IL.78

Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

On April 27, 1987, in the circuit court of Macon County, defendant Roger Henne was found guilty by a jury of the offenses of home invasion and aggravated criminal sexual abuse in violation of sections 12-11 and 12-14, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 12-11, 12-14). On May 15, 1987, the circuit court ordered the victim receive restitution from defendant's bond toward the victim's medical bills, which totaled $9,965.60, and sentenced defendant to 35 years in the Illinois Department of Corrections on both counts, to run concurrently. Defendant appeals. We affirm.

The case arose out of a home invasion in which the victim was beaten and assaulted, resulting in serious injuries. The victim, age 62, testified that on October 29, 1986, around 12:30 a.m., she fell asleep on the couch in her living room. She awoke either from hearing a sound or feeling a presence. She turned on the light and observed defendant standing 15 to 18 feet away, looking at her. She remembered it as though she took a picture. She identified the defendant in court as the intruder.

The next thing she remembers is being beaten. She remembers defendant was wearing leather gloves. She tried to fight back. She scratched him and remembers getting hold of his nose. Her next recollection was waking up in the hospital.

Around October 31, she started remembering defendant's name. Defendant had shoveled snow for her beginning the previous winter, and she had his name written down at the house. She called her brother to find that name. She further testified that at the time defendant shoveled snow, her brother was in Florida. Also, defendant never entered the house when shoveling. On November 4, she observed a videotape of a lineup and picked defendant out of the lineup.

At the time she went to bed, all the doors were locked. The back door has curtains on it so no one can see in. When she went to sleep, all the windows in the basement were closed, and she never gave defendant authority to enter the house.

On cross-examination, she stated she remembered the police showing her pictures. She remembers the defendant's picture was not in one group, but it was in another. She could not remember which officers showed her pictures or what she said to the officers.

She identified a picture of the lineup. Defense counsel pointed out that four of the people in the lineup had short hair. She responded that she does not remember the hair because she was looking at the faces. She maintained the photograph of the person who attacked her, that she kept in her mind, has never left. She also acknowledged having trouble remembering things at the hospital.

The victim's brother, age 66, testified he awoke around 2:30 a.m. on October 29 and went downstairs, finding his sister badly beaten. He called the police. He also identified a picture of the basement window which was found open with the screen pushed out. The last time he saw the window it was closed. He also identified pictures of the back door of the home, which was found open. A reddish substance was found on the door and lock. The door was locked when he went to bed.

Patrick Campbell, a Decatur police officer, was the first officer on the scene. He went to the hospital and helped collect evidence in the vitullo collection kit. The victim was incoherent at the time he arrived. She could not remember what happened when he tried to speak with her.

George Lebo, a Decatur police detective who specializes in crime scene processing, arrived at the scene on October 29 at approximately 3:15 a.m. He found one window in the house not secure and that was the window in the basement. In the window well outside the window he found a footprint in the turf and dirt. He took a picture of the print and made a plaster of paris cast of it.

He observed bloodstains on the back door and storm door. He also observed bloodstains on the bathroom door, blood pooling and spattering on the bathroom floor, and spattering on the bathroom wall. Bloodstains and hair pins were found in the hallway immediately adjacent to the bathroom. He took samples of the blood and hair found at the scene. He was also present when crime scene technician Dennis Dodwell found an electrostatic footprint in the basement. Lebo also took a picture of this footprint. He also identified a number of pictures showing the injuries to the victim's face.

On November 3, 1986, Lebo received a call from defendant and went to defendant's house. He noticed a gouge-type scratch below the eye on the left side of defendant's nose. He took a pair of cowboy boots belonging to defendant and noticed one boot had a bloodstain on it.

On cross-examination, Lebo admitted that defendant was cooperative in the investigation. When he searched defendant's car, he found a nightstick and some clothing. He testified in the victim's home he found some latent fingerprints on the doorjamb adjacent to the bathroom and on the bathroom door. He stated the measurement of the entire footprint was 10 1/2 inches and the heel was 3 1/2 inches. In open court, he measured defendant's boot and stated it had an overall length of approximately 12 inches and a heel length of approximately 3 inches.

He spoke with the victim the first time on November 1, 1986. At that time, he brought up the possibility of the assailant's being a person that knew the victim. During that visit, the victim mentioned defendant's name. She stated she could not recall what he looked like but he was the man who had shoveled her snow. He showed her some pictures which did not include defendant, and she stated her attacker was not in the group.

On November 2, 1986, Lebo returned to speak with the victim. He took a group of pictures which contained defendant's, but he did not indicate to her that one was of defendant. She picked out defendant's picture and stated that the picture closely resembled the attacker, but she did not think this was the one. The picture displayed on November 2 had been taken on March 17, 1986.

On redirect, Lebo testified that the edges of the shoe print just faded out, making it difficult to get an accurate measurement.

Dr. Herbert Walter Thompson and Dr. William Simon both testified concerning the victim's injuries. Dr. Thompson saw the victim around 4:20 a.m. on October 29. He observed tears in the vagina. There was an opening between the vagina and urinary bladder. There was also an opening into the abdominal cavity. The wounds were puncture holes the size of his finger. In his opinion, the injuries were caused by a rigid, blunt instrument inserted through her vagina. The injuries could not have been caused by a penis.

The victim was taken to surgery at 4:09 a.m. and returned from surgery at 7:55 a.m. She had other surgery to repair damages to her face and mouth. During this time, she was under general anesthetic which, according to the medical expert, would leave her confused for several days.

Dr. Simon, a specialist in urology, assisted with the surgery. It was his opinion that to cause this type of injury something long and blunt had to be inserted with a lot of force in the victim's vagina.

Dennis Dodwell, a crime scene technician for the Illinois Department of State Police, testified that he arrived at the crime scene around 2:30 p.m. on October 29. At that time, he proceeded to the basement, and by using an electrostatic lifter, he was able to lift a ...


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