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01/13/89 the People of the State of v. Alphonse Jackson

January 13, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ALPHONSE JACKSON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

533 N.E.2d 996, 178 Ill. App. 3d 785, 127 Ill. Dec. 914 1989.IL.22

Appeal from the Circuit Court of Cook County; the Hon. Matthew J. Moran, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. LORENZ, J., concurs. PRESIDING JUSTICE MURRAY, specially Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Following a jury trial the defendant, Alphonse Jackson, was found guilty of aggravated criminal sexual assault (rape), aggravated kidnapping and unlawful restraint. (Ill. Rev. Stat. 1985, ch. 38, pars. 10-2, 10-3, 12-14.) He was sentenced to concurrent imprisonment terms of 12 years for aggravated criminal sexual assault, six years for aggravated kidnapping and two years for unlawful restraint. The defendant appeals and contends for reversal that there was no rape, that the complaining witness agreed to have sexual intercourse with him for money, and, after the act, she was dissatisfied with the amount of money previously agreed upon and which the defendant tendered to her, and that the evidence failed to prove his guilt beyond a reasonable doubt. We review the evidence in detail.

The complaining witness testified that on August 18, 1985, at about 12 or 12:30 a.m. she left her young children alone in her apartment at 1420 E. Marquette Road in Chicago, Illinois, to make a telephone call at a public pay phone located on the street at 67th and Dorchester, two blocks from her home. Elliott further testified, however, that upon arriving at the pay phone, she " just forgot to call," "it was too late " and she " didn't want to disturb " the person that she said she had just left her house to call. (Emphasis added.) She testified:

"Q. As you were on 67th Street, did you ever get to the phone ?

A. Yes; but I didn't make the call.

Q. What happened, at that time?

A. Well, I just forgot to call ; I didn't make it. And I turned around to go back home.

Q. Who were you going to call?

A. A friend of mine.

Q. Why didn't you call him ?

A. Because I figured it was too late, I didn't want to disturb anyone at his home." (Emphasis added.)

The defendant argues that this testimony by Elliott is ludicrous; that her story that she would leave her home at midnight to make a phone call in a public street and upon arriving at the phone then "just [forget] to call," and that, after just leaving her home at midnight to make the call, and after forgetting to make the call, to suddenly decide, "I figured it was too late, I didn't want to disturb anyone at his home" and "I turned around to go back home," are outrageous contradictions and so inconsistent as to be unworthy of intelligent consideration.

The defendant further contends that Elliott was not on the street to make a telephone call, but rather, Elliott was on the street street-walking -- plying her trade as a prostitute.

Elliott's explanation for being on the street at midnight -- to make a telephone call -- is reasonable and acceptable. Her foregoing explanations under the circumstances related by her for not making the telephone call, however, are questionable, to say the least.

After testifying that she did not make the telephone call that she left home at midnight and went to the phone to make and that she left the pay phone to return home, Elliott then testified:

"A. As I crossed the street a car pulled ...


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