APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
537 N.E.2d 1010, 182 Ill. App. 3d 176, 130 Ill. Dec. 681 1989.IL.509
Appeal from the Circuit Court of Cook County; the Hon. Thomas A. Hett, Judge, presiding.
As Amended September 18, 1989.
JUSTICE RIZZI delivered the opinion of the court. McNAMARA* and WHITE, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI
Defendant, John Spires, was convicted of the rape of four different victims and of violation of his bail bond. Defendant was found guilty but mentally ill and sentenced to 60 years on each individual rape, consecutively, and six years on the bail bond violation, concurrently. On appeal, defendant argues that (1) the statutes concerning the burden of proof of insanity and guilty but mentally ill were improperly applied in this case, thereby violating the ex post facto clauses of the State and Federal Constitutions (Ill. Const. 1970, art. I, § 16, and U.S. Const., art. I, § 9, respectively); (2) he was not proven guilty beyond a reasonable doubt to be legally sane; (3) he was denied effective assistance of counsel at trial; and (4) the trial court improperly imposed consecutive sentences on each of the four independent convictions of rape. We affirm.
Defendant was charged by four different indictments for offenses against four different female children. Defendant was charged with rape, aggravated kidnapping, indecent liberties with a child, armed violence and unlawful restraint of S.B.; the rape, aggravated kidnapping, indecent liberties with a child, unlawful restraint and kidnapping of D.R.; the rape, indecent liberties with a child and unlawful restraint of L.P.; and the rape, armed violence, unlawful restraint and attempted deviate sexual assault of G.P. Defendant was also charged with burglarizing the home of C.M. and jumping bail on all of the foregoing charges.
At trial, three of the four victims testified. S.B. stated that on December 8, 1980, as she was walking home from school, she encountered defendant. S.B. was 12 years of age at the time. Defendant approached her and told her that he needed her help to rescue a cat that was trapped nearby. S.B. followed defendant as he led her into a basement. Defendant then displayed an object that S.B. thought was a weapon and told her that he would kill her if she did not cooperate. Defendant forced S.B. to remove her pants and underpants, lay on the basement floor and perform an act of sexual intercourse. When defendant departed, S.B. went to a friend's home for help and informed her friend that she had been raped. S.B. was taken to the hospital by the police. Offered by way of stipulation was evidence that S.B. suffered an abrasion and that there was fresh blood in her vaginal opening. Approximately 3 1/2 months later, S.B. identified defendant in a lineup as the man who attacked and raped her.
D.R. testified that as she was walking to school on January 9, 1981, defendant drove up to her in a car, jumped out and grabbed her by the throat. D.R. was 14 years of age. Defendant forced her into the car and drove away to a secluded area. When defendant stopped the car, he told D.R. to take off her pants. When she refused, defendant punched her and threatened that she would be hurt if she did not comply. Defendant then proceeded to have sexual intercourse with D.R. When he was done, he released her from the car on the condition that she not say anything to anyone. D.R. ran from the car to a gas station and called her parents. Offered by way of stipulation was evidence that D.R. suffered contusions, scratches, bruises and vaginal discharge. D.R. identified defendant from photographs on March 30, 1981. She further identified defendant in a lineup as the person who attacked her.
L.P. testified that she was selling candy for her grammar school on September 24, 1980. L.P. was 13 years of age. When she approached the home of a neighbor she knew, the door opened and someone told her to come inside. Assuming the voice was that of her neighbor, L.P. entered the home. When she did so, defendant grabbed her by the throat and threatened to kill her if she did not comply. Defendant had forcibly entered the home of this neighbor through a basement window. After defendant took L.P. downstairs and raped L.P., he told her to go back upstairs. L.P. called her mother and ran from the house. On July 31, 1984, L.P. viewed a lineup wherein she identified defendant as her attacker. Offered by way of stipulation was evidence that she had a cut lip, bruises and vaginal bleeding.
Finally it was stipulated that if G.P. were to testify, she would state that on September 5, 1980, she was 12 years of age. On that day as she was walking with two of her friends, defendant drove up and exited his car. Defendant grabbed G.P. and put a screwdriver to her neck. Defendant forced G.P. into his car, drove away and attempted to rape her. G.P. fought defendant so he drove to another location and this time was successful in raping G.P. Defendant also attempted anal intercourse. Finally, defendant released G.P. from the car and drove away. G.P. ran to a nearby home and sought help. It was stipulated that G.P.'s lip was cut and that she sustained bruises and vaginal bleeding. G.P. viewed photographs as well as lineup wherein she identified defendant as the man who attacked her.
When defendant was stopped on a traffic offense and the police officer noticed a resemblance between defendant and a composite sketch at the station, defendant was detained for questioning. When defendant failed to appear for his court date, a bond forfeiture warrant was issued. A warrant was also issued for defendant for the rape of D.R. Defendant was ultimately located and extradited from Memphis, Tennessee.
Dr. Andrew Pundy testified on behalf of defendant. He stated that he examined defendant once in January of 1981 and again in January of 1985. In his opinion, defendant was, in the short term, both able to understand the criminality of his behavior and to conform his conduct to the requirements of the law. However, in the long term, defendant would ultimately act on his behavior. Dr. Pundy believed that defendant was a threat in the present and would continue to be one in the foreseeable future. Defendant had interviews with Dr. Pundy wherein Dr. Pundy concluded that defendant knew the difference between right and wrong and between ...