Appeal from the Circuit Court of Cook County. The Honorable Shelvin Singer, Judge Presiding.
The Honorable Justice Egan delivered the opinion of the court: Mcnamara, P.j., and Zwick, J., concur.
The opinion of the court was delivered by: Egan
The Honorable Justice EGAN delivered the opinion of the court:
After a bench trial, the judge found the defendant, Daniel Guzman, guilty of four counts of aggravated criminal sexual assault, one count of armed robbery and one count of burglary and sentenced the defendant to a total of 24 years' imprisonment: six years for each count of aggravated criminal sexual assault, to run consecutively, and six years for armed robbery, to run concurrently with the sentences for the other charges.
A.W. testified that, at approximately 5:35 a.m. on July 30, 1991, she was with Shawn Collins at Rainbow Beach, at 79th Street and Lake Shore Drive in Chicago. They had arrived at the beach at about 3 a.m. in a four-door car. They each had one drink, had sexual intercourse and fell asleep in the back seat of the car. A.W. had also smoked some marijuana.
They awakened when two Hispanic males and one black male broke a rear window of the car. One of the Hispanic males was the defendant; the other two men were not identified. The defendant was on the passenger side of the car, and the other two men were on the driver's side. Each of the men had a tree branch approximately three feet long and three inches in diameter.
The two men on the driver's side of the car broke the front window on that side with the tree branches and unlocked the front door on the driver's side. Collins jumped to the front seat of the car. Someone unlocked the front door on the passenger's side of the car, and the defendant began hitting Collins with a tree branch from that side. The other two men did the same with their branches.
The black male then demanded money and said that someone was going to have to give up something. The defendant asked for Collins' wallet, leather jacket and belt, and the black male demanded to have sex with A.W. The three men continued hitting Collins from both sides of the car, and the black male and Hispanic male pulled Collins out of the car on the driver's side. Shortly afterward, the black male pulled A.W. from the back seat of the car by her hair and told her that she would have to have sex with him.
The black male pulled her by her arm to a nearby wooded area. He still had the tree branch, and A.W. believed the three men were going to kill her and Collins. In the wooded area, she pulled down her pants, and he told her again that she would have to have sex with him. At this time, the defendant and the other Hispanic male were with Collins, who was in the car. A.W. lay on the ground on her back, and the black male inserted his penis into her vagina. The other Hispanic male (not the defendant) joined A.W. and the black male in the wooded area. The Hispanic male unzipped his pants and placed his penis in her mouth. He then changed positions with the black male. He placed his penis in A.W.'s vagina, and the black male placed his penis in her mouth. At that time, she heard someone start her car and drive it away from the area. She also saw two Hispanic females standing five feet from her. Neither of these women was Julie Vasquez.
The defendant ran to the wooded area and told the black male that they should leave because Collins had escaped, and the police would be coming. When the defendant said this to the black male, the black male had his penis in A.W.'s vagina again. The defendant, the black male, the Hispanic male and the two Hispanic women ran to a brown station wagon and drove away from the beach. A.W. picked up a tree limb and a brick and walked down the middle of 79th Street to look for help. She had just reached a telephone when Collins and the police found her.
A.W. identified the defendant from a picture she saw in the police station. She could not remember telling the police that each of the three men had a tree branch or that the black male had had sexual intercourse with her twice.
Collins' testimony was almost the same as A.W.'s. Like A.W., he testified that each of the three men had tree limbs, which he described as being two-and-one-half feet long with a four-inch diameter. The three men beat him with the tree limbs and their hands.
The three men asked Collins for money. When he responded that he did not have any, the black male said, "Somebody going to have to give up some money or something or some pussy." Collins gave the defendant his wallet, and he gave the other Hispanic male his leather jacket and belt, which the Hispanic male used to beat Collins.
Collins explained that he knew the defendant because he and his wife had lived next door to the defendant. During the assault and robbery, he asked the defendant if he recognized him. The defendant told him to be quiet because, if he were quiet, the other men "probably" would not kill Collins.
He further testified that the black male was holding one of the tree limbs as he pulled A.W. out of the car and took her to the wooded area. The Hispanic male joined them in the wooded area, leaving the defendant with Collins, who was sitting in the front seat of the car. The defendant was holding a tree limb at this time. Collins started the car, pushed the defendant aside and drove away from the beach with the defendant chasing him. Collins drove to a gas station and asked the attendant to call the police. When the police arrived he entered their car, and they drove to Rainbow Beach. On the way there, they found A.W., who was hysterical.
Officer Cornell Webb testified that he was one of the officers who responded to Collins' call. When he found Collins at the gas station, Collins was bleeding from the left side of his head and had bruises and other lacerations. Collins told him that he had been beaten and robbed and that A.W. was being sexually assaulted on the lake front. They found A.W. walking in the street. She said she had just been raped and that three men were involved. Two Hispanic females, one who looked eighteen years old and was five feet, three inches, tall, had stood by during the rape. Collins told Webb that he knew one of his attackers and gave Webb the name "Danny" and Danny's address.
Officer Webb admitted that his report said the attackers had wood sticks, not tree branches. The report did not contain a description of the sticks, but it did indicate that there was more than one stick. He was not sure whether Collins and A.W. had told him that each of the three men had a tree branch.
Detective Andrew Jones, Jr., testified that he was present when the defendant gave his statement to the assistant State's Attorney, and he read this statement into the record. The defendant stated that he was in a car with Julie Vasquez when he heard some glass breaking. He left the car to investigate the sound and saw a Mexican male standing next to Collins, who was standing next to a car. A black male was pulling a woman out of the car. The Mexican punched Collins in the face, and the black male said to the woman, "You are going to give me the pussy." The Mexican told the defendant to come closer, and the defendant walked toward them until he was seven feet from the Mexican male and Collins.
The defendant told Collins to give the Mexican whatever he wanted. The black male took the woman to some bushes. The Mexican male took Collins' leather jacket and also went to the bushes. Collins then drove away, and the defendant left.
Jones testified that A.W. had told him her attackers had used a long and big tree branch. There was nothing in his report that indicated either she or Collins had said there was more than one branch. Neither A.W. nor Collins had told him that the defendant had held a tree branch.
The defendant was the only witness who testified on his behalf. His testimony was essentially the same as his statement to the assistant State's Attorney. He repeated that he was at the beach with Julie Vasquez, but added that, ...