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02/22/94 PEOPLE STATE ILLINOIS v. TIMOTHY BROWN

February 22, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
TIMOTHY BROWN, DEFENDANT-APPELLANT.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE JOHN J. MORAN, JUDGE PRESIDING.

Released for Publication April 19, 1994. Petition for Leave to Appeal Denied June 2, 1994.

Campbell, Buckley, O'connor, Jr.

The opinion of the court was delivered by: Campbell

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant Timothy Brown was convicted on charges of aggravated criminal sexual assault, aggravated criminal sexual abuse and two counts of armed robbery. Defendant was sentenced to 45 years in the Illinois Department of Corrections. Defendant now appeals his convictions and sentences.

The record on appeal indicates the following facts. On August 23, 1991, L.A. was a 28 year old woman who worked as a bartender for a hotel. L.A.'s fiance, Thaddeus Bowden, was on leave from the army, but was to leave Illinois for Texas the next day. Bowden picked up L.A. from work at approximately 2:30 a.m. After getting some food, L.A. and Bowden sat in Bowden's car outside L.A.'s home, which she shared with her mother. The two talked while Bowden ate; it was approximately 4 a.m.

L.A. testified that she and Bowden noticed approximately five men making noise on the porch of the home of the Langford family, which was a couple of houses away on the same side of the street as L.A.'s house. L.A. testified that she knew the Langford sons and had seen them for approximately seven and one-half years. L.A. indicated that on theporch were Deandre Langford, Derrick Langford, a boy named Mack and two boys that she did not know by name. L.A. identified one of these boys as defendant. L.A. indicated that she had seen defendant with Deandre or Derrick a few times before August 23, 1991.

L.A. and Bowden drove to McDonald's for coffee, but then parked again outside L.A.'s house. However, their car was now facing away from the Langford house. L.A. testified that people were still on the porch when she and Bowden returned.

L.A. rolled down her car window to smoke a cigarette. A man then appeared outside the window, holding a shotgun inches from the right side of L.A.'s face. L.A. looked back and saw no one on the Langford porch. L.A. testified that the man holding the shotgun wore a blue cap, brown pants, navy blue windbreaker, beige shirt and white gym shoes with blue stripes. The man also wore a white handkerchief across the lower half of his face. The man told L.A. to "give it up." L.A. replied that she did not have anything and told the man to take her purse; L.A. bent down to get the purse. The man told L.A. to get out of the car.

L.A. testified that after she exited the car, the man put his hands under her shirt and brassiere and fondled her breasts. L.A. was face to face with this man under the street light; she was staring at him because she felt like a dog. The man told her to pull down her clothes; L.A. indicated that either she or he pulled her pants down to her ankles. L.A. testified that the man placed his fingers in her vagina and felt all over her. The man continued to hold the shotgun during this period of time. L.A. was looking at the man during this time; she particularly noticed his "pretty brown eyes."

The man told L.A. to get on her knees. L.A. indicated that as she got down on her knees, the man entered the car and searched the glove compartment. L.A. got up and pulled up her pants. L.A. observed that the man was about 5 feet, 5 inches tall and weighed approximately 145 or 150 pounds. The man then grabbed her arm, held the shotgun to her stomach and said "you're going with me." At this point, L.A. noticed a second man with Bowden on the other side of the car. The first man began to drag L.A. toward an alley next to her house. L.A. grabbed the shotgun; the first man told her that he was going to "pop" her. L.A. testified that she did not know whether the man was going to shoot her or rape her.

According to L.A., the second man then said "Come on. Let's go. Let's go." L.A. recognized the second man as Mack by his voice and the Jheri curls coming out from under his cap. L.A. testified that Mack was wearing royal blue jacket. She also recognized the man who was attempting to drag her into the alley as defendant. L.A. testified that after Mack spoke, he and defendant ran up an alley running north from L.A.'s house.

L.A. and Bowden tried to follow defendant and Mack, but lost them. She and Bowden then located a police officer and told him that they had been robbed. The police officer followed L.A. and Bowden to L.A.'s house and filled out a report. L.A. and Bowden gave the police officer descriptions of defendant and Mack. The police officer told them to call the police if they saw defendant or Mack again.

L.A. then banged on the door of her house to wake her mother. L.A. told her mother that she had been robbed, that she knew who had robbed her and whispered what defendant had done to her. L.A. testified that she had not told her fiance where defendant had put his hands because she was too embarrassed and ashamed. According to L.A., Bowden was facing away from her during the robbery because of Mack.

Later, L.A. and her mother went out on their front porch. L.A. testified that she saw Deandre, Derrick and another man walk out onto the Langford porch. L.A. went down to the Langford house. L.A. saw that Deandre had an unopened pack of Newport cigarettes that she believed belonged to her. L.A. obtained a couple of cigarettes from Deandre and confronted him about the incident.

After L.A. returned to her own porch, she saw defendant come out onto the Langford porch. L.A. testified that he was wearing the same clothes as during the robbery, except that he was not wearing the handkerchief across his face. L.A. went back to the Langford porch and stared into his eyes for approximately a minute. L.A. testified that she recognized those eyes. Defendant dropped his head and looked down.

L.A. testified that she went back to her porch and that Mack came out onto the Langford porch approximately ten minutes later. L.A. indicated that Mack was wearing the same clothes he wore during the robbery, except that he was not wearing his cap or his Jheri curls. L.A. said, "There's the other dog" and pointed at Mack. According to L.A., Mack saw her and that everyone quickly left the Langford porch. L.A. called the police, but there was no response.

L.A., her mother, her brother and Bowden then drove around the neighborhood for approximately 45 minutes, looking for L.A.'s purse. L.A. testified that the purse contained, among other things, a videotape, ...


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