APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION
539 N.E.2d 355, 183 Ill. App. 3d 752, 132 Ill. Dec. 45 1989.IL.774
Appeal from the Circuit Court of Cook County; the Hon. Themis N. Karnesis, Judge, presiding.
JUSTICE McNAMARA delivered the opinion of the court. EGAN, P.J., and LaPORTA, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA
Following a jury trial, defendant Lawrence Hayes was found guilty of criminal sexual assault, aggravated criminal sexual assault and kidnapping. The trial court sentenced defendant to an extended term of 55 years' imprisonment for aggravated criminal sexual assault and a concurrent term of 14 years' imprisonment for kidnapping. On appeal, defendant contends that in closing argument the prosecutor improperly recited at length her personal experience of a near-rape; that the trial court erred in preventing any questioning of the victim in regard to a murder charge pending against her; that the prosecutor improperly elicited testimony of, and commented on, defendant's post-arrest silence; and that he was denied effective assistance of counsel because of a conflict of interest.
The victim testified that on November 11, 1985, at about 5 a.m., she walked from her home to a gas station to buy cigarettes. She saw defendant following her. She ran, but he caught her, held a large hunting knife to her side and threatened to kill her if she screamed. After he forced the victim into a Cadillac, he looked through her purse, but found only a few dollars and took nothing. After driving for 15 minutes, defendant parked and forced the victim to perform fellatio, and then raped her vaginally. He drove around until he stopped in an alley, where he again forced the victim to perform fellatio and raped her vaginally. He also attempted anal intercourse.
When the victim asked to leave the car to urinate, she escaped. She had been with defendant between one and two hours. She tried to stop a car driven by a woman, and screamed she had been raped, but the woman did not stop. The victim hid under a porch for several minutes until defendant left and she saw Miss C. Seay leave her home. The victim yelled for help and told Seay a man had tried to rape and rob her. The victim hesitated to say she had been raped for fear that Seay, like the first woman, would not help. Seay and the victim ran to the corner, where they saw a squad car. The victim spoke with a police officer. She described defendant as a black male with a light complexion, a mustache, 25 to 27 years old, 5 feet 4 inches to 5 feet 7 inches tall, and weighing 160 to 170 pounds. He wore a black leather jacket, tan pants and white T-shirt. (Defendant, a medium-complected black male, later reported he was 24 years old, 5 feet 8 inches tall and weighed 144 pounds.) The officer and the victim drove around the area but did not see defendant. She was shown mug shots, but did not see defendant's photograph. An officer took her to the hospital.
On November 30, 1985, the victim was riding in a car driven by a friend of her brother's when she saw defendant on a corner selling dolls and stuffed animals. He was wearing the same black leather jacket. She notified the police, who arrested defendant.
Miss Seay testified for the State that on November 11, 1985, at 7:30 a.m., she was walking when the victim ran up and said that a man was after her and had threatened to rape her. They ran towards a bus stop and spotted a marked police car. The victim went to speak with the officers, and Seay left on the bus.
Officer Patrick Markham testified for the State that he was working a shift ending at 7:30 a.m. when, at about that time, the victim came up to his parked squad car and said she had been forced into a car at knife point and raped. The victim described her assailant and his automobile. After touring the area with the victim and not spotting defendant, Markham took the victim to the police station and turned the case over to Officer Don King, who was coming on duty. Markham did not show mug shots to the victim.
Officer King testified for the State that he received an assignment from Markham to continue the rape investigation. He and his partner filled out the entire police report, which included the victim's recital of the offense. The officers brought her to the hospital for treatment. They did not show her mug shots.
Officer Michael Cox testified that he arrested defendant on November 30. Cox and his partner exited the police car, identified themselves to defendant and informed him of the charges. The officers then "placed him under arrest and we read of his rights." Defendant did not resist arrest. When asked if defendant said anything when told of the charges, the officer replied, "No. He didn't seem surprised."
Gloria Jean Thurman, defendant's mother, testified for the defendant that on November 11, 1985, defendant was at home. At 3 a.m., she asked defendant to tell his sister and her husband to stop arguing. Thurman's husband became ill, and at 6 a.m., defendant drove him to the hospital. Neither defendant nor his family owned or drove a Cadillac. Thurman ...