Appeal from the Circuit Court of Lake County. No. 92-CF-1792. Honorable John R. Goshgarian, Judge, Presiding.
Released for Publication June 27, 1994.
The opinion of the court was delivered by: Geiger
JUSTICE GEIGER delivered the opinion of the court:
After a bench trial, the defendant, Thomas Krawiec, was convicted of stalking (720 ILCS 5/12-7.3(a)(2)(West 1992)) and sentenced to 30 months' probation with conditional discharge. On appeal, the defendant contends that: (1) the evidence did not prove him guilty beyond a reasonable doubt; and (2) the stalking statute is unconstitutional. We affirm.
The defendant was charged with stalking his wife, Marilyn Krawiec. In February 1992, Marilyn Krawiec had filed a petition to dissolve their marriage. At the time of the alleged offense, Marilyn Krawiec and the Krawiecs' two children, Matthew (age 11) and Jennifer (age 15), resided in a rented house at 681 Greenbriar in Lake Forest. They had moved out of the family home about four months after Marilyn Krawiec filed her petition to dissolve the marriage.
The indictment, issued on July 29, 1992, alleged that the defendant committed the following acts. On or about July 18, 1992, the defendant transmitted to Marilyn Krawiec a threat with the intent to place her in reasonable apprehension of bodily harm. In furtherance of the threat, the defendant, knowingly and on two separate occasions, placed Marilyn Krawiec under surveillance by remaining present outside of her residence.
The State's first witness was Lake Forest police officer Michael Vukson. During June and July 1992, Vukson worked as a patrolsupervisor. On June 18, 1992, Marilyn Krawiec called him once or twice to discuss a domestic problem. At about 10:30 p.m., Vukson saw the defendant, who was standing in the front yard at 681 Greenbriar. The defendant was not violating any laws, and he left upon a warning from Vukson.
Vukson did not personally recall hearing from Marilyn Krawiec before June 18, 1992. According to a department logbook, she had notified the Lake Forest police several times previously about alleged domestic problems with the defendant.
Dennis Smith, a Lake Forest police department patrol officer, testified that, on July 18, 1992, he was dispatched to 681 Greenbriar after the police received "two hang up 911 calls with arguing in the background." On arriving, he spoke with Marilyn Krawiec and a man later identified as her boyfriend, David Fenkel. Smith put out a local lookout for the defendant. At about midnight, Deerfield police stopped a car driven by the defendant and also occupied by Matthew Krawiec. The Lake Forest police brought the defendant and Matthew to the station, where the defendant signed a Miranda waiver and spoke to Smith.
The defendant gave Smith the following account of the evening's events. He took his son to 681 Greenbriar to show Matthew that the boy's mother was "fooling around" with another man. The defendant, carrying his video camera, entered the house by opening a lock box, the combination to which he learned from Matthew. After the defendant and Matthew entered the house, the defendant started to videotape Marilyn and Fenkel in the bedroom. An argument ensued. The defendant admitted he pushed Marilyn in the face with an open hand when she tried to stop the videotaping. Also, he admitted he swore at Marilyn and knocked two television sets onto the floor. The defendant said he would go to where Jennifer was baby-sitting so Jennifer could watch the tape.
Upon leaving his wife's residence, the defendant gave Matthew the tape and told the boy to make sure nobody found out about it. Matthew hid the tape in the crotch of his pants. At the station, Matthew handed the tape over to the police. At trial, the tape was admitted into evidence by stipulation.
Marilyn Krawiec testified that at the time of trial, she and the defendant were separated. About four months after she filed for a dissolution, she and the children moved to the rented house on Greenbriar.
On July 16, 1992, she was celebrating her birthday with her children at the Greenbriar house when she received a series of telephone calls from the defendant. In one of the calls the defendant said, "I'myour worst nightmare. You are never going to be rid of me. I'm the Betty Broderick of LaJolla, only I am Tom Krawiec of Lake Forest." He added that, unlike with Betty Broderick, "they will never find your body."
Marilyn Krawiec next related the events of July 17, 1992. That day, the children were with the defendant. When Marilyn came home from work, she saw a note on her pillow. The note was in the defendant's handwriting and said, "For the greatest back body rub you ever had come to the Shoreline Motel on Rt 41 Room 16. PS Bring the Baby Oil." The note was admitted into evidence at trial.
On July 18, 1992, at about 9 a.m., the defendant again called Marilyn and told her, "if you go through with this divorce, you're a dead woman. I am not going to do it myself. I am not that stupid, but I know plenty of people that will do it for me." He added, "Marilyn, you're really going to regret this."
Marilyn Krawiec testified that July 18, 1992, at about 10:30 or 11 p.m. the defendant forced his way into her bedroom carrying a videocamera. Several times, Marilyn tried to call the police, but each time the defendant or Matthew prevented her.
The parties stipulated that Matthew Krawiec would testify as follows. At about 5:30 p.m. on July 18, 1992, the defendant picked up Matthew, dropped off Jennifer so she could baby-sit, and drove with Matthew to the Greenbriar house. The defendant videotaped the outside of the house. David Fenkel's car was parked in the driveway, and another car was parked in front of the house. The defendant and Matthew went to Sluggers. The defendant wanted to return to ...