APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
538 N.E.2d 1335, 183 Ill. App. 3d 241, 131 Ill. Dec. 779 1989.IL.754
Appeal from the Circuit Court of Adams County; the Hon. Dennis K. Cashman, Judge, presiding.
JUSTICE LUND delivered the opinion of the court. SPITZ and GREEN, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND
On May 6, 1988, defendant Richard W. Douglas, Jr., was found guilty by a jury sitting in the circuit court of Adams County of committing two counts of the offense of aggravated criminal sexual assault and one count of unlawful restraint, in violation of sections 12-14 and 10-3, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, pars. 12-14, 10-3). He was subsequently sentenced to 15 years' imprisonment on each sexual assault conviction, and three years' imprisonment on the unlawful restraint conviction, with said sentences to run concurrently. Defendant now appeals alleging numerous errors.
The trial commenced on May 3, 1988, with the testimony of Sharon Tedrow, who is employed as a supervisor of the dispatchers for the Quincy police department. On October 22, 1987, at approximately 8:35 a.m., the department received a telephone call from K.H. This conversation was automatically recorded and played for the jury.
The transcript establishes K.H. was distraught and frightened for her life. She stated she had been raped, and named the defendant as the perpetrator. She further stated she had been confined for 18 hours against her will; defendant had her car keys; defendant had a gun; and she had locked defendant out of the apartment and was frightened he would return. Tedrow kept K.H. on the telephone until the police arrived at K.H.'s location.
K.H., the victim, testified she is 27 years old and resides in Springfield. On October 21, she traveled to Quincy, where she met her friend, Teresa Dodd, and they visited another friend at the hospital. After leaving the hospital, they went to various bars, starting at 5:30 p.m., before arriving at the Casino Starlight Terrace at approximately 11:30 p.m. with another friend. K.H. had been drinking throughout the night and had consumed approximately six drinks of tequila and lime juice. She stayed at the Casino until closing time at 2:30 a.m. About 6 p.m., she had, unbeknownst to Dodd, injected some cocaine intravenously. This has the same effect as drinking 10 to 12 cups of coffee and lasts about two hours. By 2:30 a.m., she was feeling the effect of the alcohol, but she was not drunk.
Shortly after they arrived at the Casino, she met defendant. She knew him from attending grade school with him in Quincy. At the time, K.H. and Dodd were seated next to the dance floor, and he came up to them. He spent some time at their table, and they all danced together. At closing time, he asked K.H. for a ride home and she agreed. K.H. got her car keys from Dodd and told Dodd she would be right back.
K.H. and defendant left and, since there were police outside and she had been drinking, she asked defendant to drive. Defendant then began driving around for quite awhile. K.H. asked to drive, but defendant would not let her. Eventually, he pulled over on a dirt road and stopped. She started to open the door to get out, but he grabbed her left arm and leaned across her closing the door. He then pushed her car seat down, climbing on top of her and twisting her left hand behind her head while she struggled. He pulled her skirt up and her panties and pantyhose off. While she struggled, he told her, "I could kill you right now and throw you off the bridge and no one would ever find your body." He repeated this several times, and she believed him. At one point, she tried to frighten him off by saying she had genital herpes, and he told her he had AIDS. He then had forcible intercourse with her.
Afterwards, he climbed back into his seat and continued driving. He went to a car window pay phone and made a call, stating he had to call his cousin. K.H. tried again to exit the car, but defendant held her arm. They then went to some apartments. When defendant exited the car, K.H. attempted to lock the doors, but he was able to get them unlocked, and he dragged her out of the car. K.H. was screaming while she was in the car but, once he opened the door, he grabbed her by the throat, and she was unable to continue doing so. He took her to an apartment which contained a lady and a little girl. K.H. was struggling and attempted to ask for help, but defendant forced her down the hall into the bedroom.
Once inside the bedroom, he pushed her on the bed and held her by her throat and arm to keep her quiet. Later, after it became light out, she heard the apartment occupants get up and leave. Defendant then forcibly had sexual intercourse with her. Again, he made threats to her. They then went to get a drink of water. She saw her car keys on the counter and took them without him seeing her. She then ran to the apartment door and fled outside screaming for help and asking someone to call the police. Defendant caught up with her from behind, grabbed her by the throat, cutting off her screams, and dragged her back into the apartment.
He put her in a chair and started looking for the car keys. At that point, there was a knock on the door, and defendant, looking through the peephole, noticed it was the police. K.H. did not scream because she did not wish to agitate defendant, and she was not sure if the police would break the door down. Eventually, since they did not answer, the police left.
She then told defendant the police would not leave because her car was outside, and there was a warrant for her arrest. There was no outstanding arrest warrant, but she hoped he would go outside. He recommenced looking for the keys and called the lady from the apartment on the phone looking for them. She pretended to find the keys and gave them to defendant. When he went outside, she locked the door and called the police. Once the police were on the line, she lost all control and is not even sure what she said. The police then arrived back at the apartment.
At the hospital, she had them examine her left wrist because she believed her arm was broken. She also had her throat examined. Her throat hurt for over one week, and she had trouble talking and swallowing. She had bruises on her throat, chest, upper arm, and wrist.
Since the assault, K.H.'s life has been adversely affected. She weighed 148 pounds before the attack and, in February, was below 110. She and her husband no longer go to movies if they contain any violence. She also cannot go into a convenience store if a black person is there. She had never been afraid of black people before and, in fact, had black friends. She quit her job and is in counseling. Immediately afterwards, she developed a cleaning obsession since she always felt dirty. She shaved all the hair off her body except her head hair. She cannot sleep without medication, and her marriage is in difficulty.
Teresa Dodd, K.H.'s friend, testified next. She was with K.H. the entire evening. Dodd drove to the Casino in K.H.'s car because K.H. had been drinking and she was not. K.H. was not drunk but had begun feeling the effect of the drinks. Defendant came up to their table at the Casino and began speaking to them. At closing time, she heard him ask K.H. for a ride home. When she gave the keys to K.H., she asked how long she would be gone. K.H. told her it would be about five minutes and asked if she wished to go along. Dodd declined. She never saw K.H. flirt or encourage defendant.
James Clapp, a friend of Dodd's, testified he was working at the Casino on the night in question. He overheard K.H. talking with Dodd at closing time. She told Dodd she was going to give defendant a ride home and would be right back.
Florence Albert lives in the Cardinal apartment complex in Quincy. She shares a common wall with the apartment of Candice Green. On October 22, between 3 and 3:30 a.m., she was awakened by loud noises. They eventually stopped. Again, between 7 and 7:30 a.m., she heard a loud slam and some more noises which she could not identify.
Fern Bowen also lives in the Cardinal complex. On the morning of October 22, she was doing laundry in the laundry room of the complex between 7:30 and 8 a.m. She was pushing her laundry cart along the parking lot when a young white girl came running out of a building crying and screaming for help. A black man chased her down, grabbed her by the head or throat, and dragged her back into the building. The girl was struggling, attempting to get away. Bowen called the police and directed them to the building in question. The police left. A short time later, she saw the black man come out, look around, and go back into the building. The police returned soon thereafter.
Mildred Ward lives in the complex down the hall from Candice Green. On the morning of October 22, she heard a girl yell for help. A short time later, the police arrived, and she told them what she heard. After they left, she heard a loud slam. She looked out and saw a young man run outside. He stood still looking everywhere and then ran fast, got into a car, and sped off. The police returned soon thereafter.
Steve Albert, a Quincy police officer, went to the Cardinal Apartments in response to the first call. He spoke with Ward, but was unable to raise anyone in the other apartments. So he left. In about 10 minutes, he received another call to go to apartment No. 33 at the complex and speak with K.H. When she opened the door, the first thing she did was hug him. Her hair was messy, her clothes were disorganized, and her makeup was running. She was crying uncontrollably, and her eyes were red and swollen. She had an abrasion on her neck which appeared to be finger marks. Her arms were red and swollen. During the interview, she indicated she was going to be sick and left the room. He was with her for over one hour, and she never calmed down. She did not appear to be under the influence of alcohol or drugs.
Later that day, Officer Albert received a telephone call from a person identified as Richard Douglas. Albert told him to come to the police station to talk. Defendant wanted to know if he was going to be arrested and if he should bring bond money. Defendant then told Albert where he could find K.H.'s car.
Brenda Williams, an investigator with the Quincy police department, arrived shortly after Officer Albert. She observed that K.H. was very nervous and her face was flushed. Her voice was shaky, and she was stammering as she spoke to Albert. She was trembling like a small, frightened child. She held her coat pulled tightly about her and kept flexing her fingers into the fabric. At times, she would completely hide her face in the coat.
Williams took K.H. to the hospital. When she exited the car, K.H. hid her face in her coat, stating that if anybody saw her, they would know why she was there. At the hospital, Williams observed bright red marks and scratches on K.H.'s throat. She also saw bruises on K.H.'s arms, and that her left wrist was swollen. Later that afternoon, she reinterviewed K.H. K.H. started out quietly but became ill and vomited in the office when discussing the possibility of becoming pregnant.
Investigator James Rost described K.H. as being hysterical and crying very hard while at the apartment. Officer James Cress found K.H.'s car in the Puzzle's Bar parking lot with the keys on the console. Shoes, panties, and pantyhose were found in the car.
Donna McCain was the nurse on duty in the emergency room when K.H. came in. When she first saw K.H., K.H. was crying and appeared disheveled. K.H.'s emotions changed frequently between crying, laughter, and anger. K.H. told McCain, as part of the background information, that she was raped twice and that she struggled the whole time. K.H. also told her that the assailant stated he had AIDS. ...