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05/04/89 the People of the State of v. Michael Annerino

May 4, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

MICHAEL ANNERINO, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

538 N.E.2d 770, 182 Ill. App. 3d 920, 131 Ill. Dec. 395 1989.IL.675

Appeal from the Circuit Court of Cook County; the Hon. James J. Heyda, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JOHNSON and McMORROW, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Following a bench trial, defendant Michael Annerino was found guilty of intimidation and sentenced to two years in prison. Defendant appeals, contending that the State did not prove him guilty beyond a reasonable doubt, that he was denied a fair trial, that he had ineffective counsel, and that the court abused its discretion in sentencing him to two years in prison.

On November 21, 1985, the victim, Cheryl Logsdon, was visiting at the home of Phyllis and Linda Lane; the latter are sisters. The three women were in the kitchen while Logsdon was speaking on the telephone with her mother, Gertrude Richardson. A second call came in on the telephone which was equipped with a call waiting system. Logsdon took the call while placing her mother on "hold," and determined the caller to be defendant. Defendant asked to speak to Linda Lane, who had been his girlfriend until the previous day, but Logsdon refused and switched the call back to her mother.

Logsdon had had defendant arrested on the previous day charging him with criminal sexual abuse. The police had advised her to call them if defendant attempted to contact her in the future.

Per Logsdon's testimony at trial, she informed her mother that defendant was on the other line and her mother told her to call the police. She then told Linda and Phyllis that she was going to call the police, but was unable to do so because defendant was still on the line. At this point defendant began to threaten her, stating that he would kill her if she went to court against him. Logsdon called the police immediately after hanging up the telephone and then told Phyllis and Linda what had occurred.

Several weeks after the incident, Linda ended her friendship with Logsdon, choosing to side with defendant. Phyllis continued to be friendly and supportive of Logsdon until she had a disagreement with her four months later while staying at the Logsdon home. At that time Phyllis ceased supporting Logsdon in her case against defendant.

Both Linda and Phyllis testified that they had lied to the police in November 1985. Linda stated that she had told the police that she did not know anything at the time, but in fact she had known that Phyllis and Logsdon had invented the story against defendant to get him into trouble. Phyllis testified that although she had told the police and the assistant State's Attorney that defendant had threatened the victim, she and the victim had actually invented the story.

During the trial, the victim and the deputy sheriff, who had been standing at her side during her testimony, testified in rebuttal that defendant threatened her while she was on the witness stand. Both stated that they saw defendant mouth the words, "I am going to kill you, mother [deleted]." The deputy also testified that the victim broke down as a result of defendant's in-court threat.

Defendant was asked during the trial whether he had said anything to the victim while she was testifying, and he denied it and stated that he had only told his lawyer that the victim was lying.

Defendant contends that the State did not prove him guilty beyond a reasonable doubt, alleging that the court substantially based its decision on the rebuttal testimony regarding defendant's in-court threat to the victim. ...


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