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07/15/88 the People of the State of v. Larry Lee

July 15, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

LARRY LEE, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

527 N.E.2d 445, 173 Ill. App. 3d 181, 122 Ill. Dec. 947 1988.IL.1110

Appeal from the Circuit Court of Cook County; the Hon. Kenneth L. Gillis, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE LORENZ delivered the opinion of the court. SULLIVAN and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

Following a bench trial, defendant Larry Lee was convicted under the Criminal Code of 1961 of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(a)(1)), aggravated kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10-2(a)(5)), and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18-2(a)). He received concurrent sentences of 14 years in prison for aggravated criminal sexual assault and 10 years each for aggravated kidnapping and armed robbery. He appeals and raises the following issues: (1) whether the trial court erred in denying his motion for directed verdict at the close of the State's case; (2) whether the in-court identification of him was tainted due to suggestive pretrial identification procedures; (3) whether the complainant's testimony concerning the time she was raped raises a reasonable doubt as to his guilt; and (4) whether testimony of a conversation was erroneously admitted into evidence.

On September 15, 1984, the complainant, J.B., testified she arrived at Stanley Jones' apartment building and stepped inside a well-lighted vestibule area that contained an intercom system. Unable to remember Jones' code number, J.B. stepped outside and saw defendant, Larry Lee, standing at another entrance. J.B. yelled out and asked defendant whether the other entrance was open. Defendant said he knew someone in another building of the same apartment complex who could let J.B. into the building. They walked to the vestibule of the other building and defendant dialed numbers on the intercom system, but was unable to get a response. J.B. testified it was approximately 5:45 a.m. at this time.

J.B. decided that defendant could not get inside the building and walked back to Jones' building. Defendant followed her into the vestibule and dialed another number but no one responded. She testified she was able to see defendant's face and the lights were on in the vestibule. She remembered another friend in the building and began to dial his number. As she was dialing, defendant put a knife to her throat and said, "Don't scream and don't move or I'll kill you." He led her down the street approximately two blocks to an abandoned warehouse holding the knife at her side. On the way, he told her to give him her money and jewelry and she gave him $2, two gold chains, a gold bracelet, a watch, and a ring.

J.B. testified that as they entered the warehouse, "the sun was at its peak" and shone through holes in the roof and the entranceway. When defendant removed his shirt, she noticed that he had a dollar sign tattoo on his chest. While in the warehouse, defendant forced her to have vaginal, oral and anal intercourse with him. Defendant ejaculated during vaginal intercourse. J.B. testified they were in the warehouse for approximately 30 to 45 minutes. Afterward, defendant took her phone number to make sure she did not tell anyone what happened, and told her she should "be his woman because he would treat her right."

They left the warehouse and as they approached Jones' apartment building, defendant told her she could leave. She ran off and told a man, who was sitting in a car, what happened to her. The man drove her to the back of Jones' building, where she was able to enter because residents were leaving for work.

Stanley Jones testified that it was between 7 a.m. and 7:15 a.m. when J.B. entered his apartment crying and in a hysterical state. He noticed her clothes were "rumpled, her shoes and pants were scuffed, and her shirt was torn." At first, she told him she was robbed by a young black man. Jones immediately left the apartment in an attempt to find the robber. Unable to find the person, Jones returned in 5 to 10 minutes, and J.B. then told him she was also raped. She described the attacker and Jones left the apartment again to call the police.

At trial, the parties stipulated that Officer H. Johnson would testify he arrived at Jones' apartment at 7:40 a.m. and took J.B. to the hospital. The parties also stipulated that Rhonda Doyle, an expert in forensic microanalysis, would testify vaginal specimens taken from J.B. revealed the presence of sperm.

On September 17, 1984, police officers visited J.B. at home, told her they had a suspect, and showed her three photographs. Two of the photographs were of the defendant which appeared to have been taken at different times. The record does not reveal whether she identified defendant from the photographs at this time.

On September 24, 1984, police officers showed J.B. a stack of eight photographs of eight different men. One of the photographs was of defendant. She ...


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