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11/23/88 the People of the State of v. Andrew Ader

November 23, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ANDREW ADER, DEFENDANT-APPELLANT

THE DEFENDANT, ANDREW ADER, WAS INDICTED IN THE CIRCUIT COURT OF DU PAGE COUNTY FOR THE OFFENSE OF HOME INVASION (ILL. RE

v.

STAT. 1985, CH. 38, PAR. 12-11). HE WAS FOUND GUILTY OF THAT OFFENSE BY A JURY, AND THE TRIAL JUDGE SENTENCED HIM TO SIX YEARS' IMPRISONMENT.



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

531 N.E.2d 407, 176 Ill. App. 3d 613, 126 Ill. Dec. 112 1988.IL.1699

Appeal from the Circuit Court of Du Page County; the Hon. John J. Bowman, Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. NASH and INGLIS, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

On appeal, he raises these two issues: (1) whether he was proved guilty of home invasion since the State failed to prove that he threatened the imminent use of force upon a person in the dwelling; and (2) whether he was denied a fair trial when his post-arrest statement that he wanted to kill complainant's daughter was admitted in evidence.

The defendant, who was 20 years old at the time of the occurrence, was keeping company with Andrea Tsigaras. On July 7, 1986, he went to her house at 7 a.m. and spoke to her using "foul language" in a "harsh" tone according to Andrea's mother, Elaine Tsigaras, who overheard part of the conversation. Defendant left. Sometime later Elaine drove Andrea and her sister to school and work and then returned home. Elaine testified that a few minutes after her return she heard a loud rattling sound at her front door. She ran downstairs. She saw the defendant behind the screen door. He raised his arm up fast, and he kicked in the panel from the screen door, and it fell inside. The defendant stepped over the door into the foyer. He brandished a knife in his hand. Elaine Tsigaras testified she was standing in the foyer by the stairway. The defendant walked into the foyer and said: "Where's Andrea?" The defendant was holding the knife in his right hand, and the blade of the knife was open. Elaine Tsigaras told the defendant that Andrea was not there. He did not point the knife at her; he held it in front of himself. Over objection she testified that she felt frightened, threatened.

The defendant ran downstairs where Andrea's bedroom was. Elaine Tsigaras testified that she looked downstairs and saw the defendant raise his foot and kick in her door and he screamed "Andrea." He had his right arm raised. She had not given him permission to be in the home that day.

She ran to the kitchen and located a little steak knife. She ran out the back door and to a neighbor's, where they called the police. Over objection she testified she was frightened and terrified. After the police arrived she returned to her home. She testified that the screen door was slashed. There was blood on the floor. She went to Andrea's bedroom. A lamp was smashed. A mirror was broken. Wedges of glass were embedded in the wall. The dresser had been carved with the names Andrea and Andy. There were knife marks on top of the dresser and on the closet doors. The clock was broken. Prior to defendant's entry, that room had been in perfect condition.

The witness described the defendant when he entered her house as having glazed eyes, a menacing appearance with a certain wildness of facial features.

On cross-examination, Elaine Tsigaras testified that the defendant was her daughter's boyfriend, who had stayed at the house overnight on numerous occasions. He had received mail at her house; the young people had purchased a car together, and the address on the title was the Tsigaras residence. Andrea and the defendant had broken up two weeks before the occurrence.

Sometime subsequent to the occurrence, Elaine Tsigaras had a telephone conversation with the mother of the defendant. Elaine told that woman the defendant did not threaten her.

Nicholas Tsigaras, Andrea's younger brother, was in the house at the time of the occurrence. He saw the defendant come down to the lower level of the house and kick in the door to Andrea's bedroom. Nicholas heard the defendant shout Andrea's name. Nicholas went upstairs to the bathroom and locked the door. He heard smashing sounds.

Detective Michael Prunty of the Du Page sheriff's police testified he took a post-occurrence statement from the defendant in which the defendant said that he went to Andrea Tsigaras' home to kill her. The defense objected to this testimony. The trial court overruled the objection, stating that the ...


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