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12/30/88 the People of the State of v. Henry Braggs

December 30, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

HENRY BRAGGS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

540 N.E.2d 767, 184 Ill. App. 3d 756, 132 Ill. Dec. 845 1988.IL.1918

Appeal from the Circuit Court of Cook County; the Hon. Thomas Maloney, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

This appeal follows defendant's convictions, after a jury trial, on counts of aggravated sexual assault, criminal sexual assault, and unlawful restraint for which defendant received a sentence of 12 years' imprisonment.

We reverse and remand for a new trial.

We summarize below the pertinent testimony adduced at trial.

Complaint Linda Jones testified that on June 11, 1985, at approximately 12:15 p.m., she and her friend Ray accepted an automobile ride from defendant, who offered to drive Ray to class at Olive-Harvey College in Chicago. Vance Jackson was also a passenger in defendant's car. Jones stated that before reaching the college, defendant stopped at a liquor store to purchase gin and beer. Jones admitted drinking "a cup of beer." After taking Ray to the college, defendant drove to Jones' aunt's house at 95th and Jeffrey Streets to visit Jones' sister, whom defendant also knew. Jones stated that after visiting with Jones' sister and aunt for some time, Jones accompanied defendant to a liquor store where defendant bought more beer. Jones, defendant, and Jackson drank the beer.

At approximately 6:30 or 7 p.m., Jones, defendant, and Jackson left and went to look for Jones' other sister at 811 West 68th Street. However, they first proceeded to Jones' apartment so that Jones could change her pants, which were wet from rain. On the way, they saw defendant's mother, with whom Jones was acquainted, and talked with her for a few minutes. They proceeded on to Jones' apartment, where Jones changed her pants.

Jones testified that on the way to 811 West 68th Street, defendant took Jackson home. Jones stated that they arrived at the address, she left the car and approached the house, but found that her sister was not present. Jones stated she began walking home. On the way, she again encountered defendant as he was coming out of a liquor store. Jones accepted defendant's offer of a ride home.

Jones testified that she let defendant into her apartment and went to the bathroom. She stated that when she came out of the bathroom defendant grabbed her from behind, physically picked her up and threw her down on her bed, straddled her, and began to choke her while forcibly removing her clothing. Jones testified that defendant slapped her and, when she began to scream, told her, "Shut up, bitch." Jones stated that defendant pulled his pants down to his thighs, put his penis inside her vagina and stayed on top of her for about 30 minutes, ejaculating three times. Defendant removed his penis from her vagina, pulled Jones' head, by the hair, toward his penis, and forced defendant to orally copulate him. Jones stated that she got up, told defendant she wanted to use the bathroom, got her robe, and attempted to escape through the front door of the apartment. Jones opened the door and called for help, but defendant pulled her back into the apartment.

Darrell Williams, a neighbor of Jones, testified that he heard Jones yell for help, went to Jones' apartment, and knocked on the door. When the door opened, he was able to pull Jones out. The police soon arrived and arrested defendant.

Ricco Burts, who lived in the apartment next to Jones, also testified that he was home with his girlfriend and heard Jones crying and pleading with defendant. Burts stated that he instructed his girlfriend to notify police and went to investigate. When he went into ...


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