Appeal from Circuit Court of Adams County No. 98CF272 Honorable Dennis K. Cashman, Judge Presiding.
The opinion of the court was delivered by: Justice Garman
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS
Defendant Joseph Maggette was charged in the circuit court of Adams County with two counts of criminal sexual assault, two counts of criminal sexual abuse, and one count of residential burglary. 720 ILCS 5/12-13(a)(2), 12-15(a)(2), 19-3(a) (West 1996). The offenses were allegedly committed on or about June 4, 1998. Following a bench trial, defendant was convicted on both counts of criminal sexual assault, one count of criminal sexual abuse, and the count of residential burglary. The trial court sentenced defendant on the criminal sexual assault and residential burglary convictions to a total of 30 years in prison, with all sentences to run consecutively. Defendant appeals, challenging the sufficiency of the amended information and the sufficiency of the evidence. We affirm in part and reverse in part.
Counts I and V of the amended information charged defendant with criminal sexual assault. Count I alleged that defendant, knowing that the victim, G.J.S., was unable to give knowing consent, knowingly committed an act of sexual penetration with her, in that he placed the hand of G.J.S. on his penis. 720 ILCS 5/12-13(a)(2) (West 1996).
Count V alleged that defendant, knowing that G.J.S. was unable to give knowing consent, knowingly committed an act of sexual penetration with her, in that he rubbed the vagina of G.J.S. through her clothing with his finger. 720 ILCS 5/12-13(a)(2) (West 1996).
Counts II and III charged defendant with criminal sexual abuse (720 ILCS 5/12-15(a)(2) (West 1996)). Count II alleged that defendant, knowing that G.J.S. was unable to give knowing consent, committed an act of sexual conduct with her, in that he knowingly fondled the breasts of G.J.S. for the purpose of his sexual arousal. Count III alleged that defendant fondled the vagina of G.J.S. through her clothing for the purpose of his sexual arousal.
Count IV charged defendant with residential burglary, in that he knowingly and without authority entered the dwelling place of L.F. with the intent to commit therein the offense of criminal sexual assault. 720 ILCS 5/19-3(a) (West 1996).
The cause proceeded to a bench trial on October 23, 1998. G.J.S. testified that in June 1998, she worked as a housekeeper at the Hotel Elkton (Elkton), where defendant resided. G.J.S. had seen defendant before when he worked at Quincy Recycle and he would wave or speak to her or her husband. During the time defendant lived at the Elkton, he followed G.J.S. around the hotel while she was working, asking questions about her and expressing an interest in having "more than a friendship relationship" with her. G.J.S. told defendant from the beginning that she could only offer him friendship. He told her that he wanted to have an affair with her. G.J.S. repeatedly told defendant that she was married and intended to be faithful to her husband and that she did not want to have an affair with him.
G.J.S. testified that on the afternoon of June 3, 1998, she went to the apartment of her friend, L.F. They were making plans to celebrate the twenty-first birthday of L.F.'s son with ice cream and cake. While G.J.S. was there, defendant came to the apartment and was allowed inside. L.F.'s son failed to show up and G.J.S. and L.F. made plans to go out for a "ladies night." Defendant was not invited to go with them. G.J.S. went home and returned to L.F.'s apartment around 7:30 p.m., with a bowl of chili to eat later for supper.
G.J.S., L.F., and two of their friends went to a tavern called the Branding Iron. G.J.S. did not see defendant there. She drank two beers and one or two mixed drinks. They left and went to another tavern called the Oasis. She drank more beer there. Again, she did not see defendant. She stayed at the Oasis for approximately two hours. She and her friends were planning to go to another tavern called Port's Place, located two buildings away from the Elkton. However, because G.J.S. was tired, she decided to go back to L.F.'s apartment, get something to eat, and then return to Port's Place. L.F. gave G.J.S. the key to her apartment, and G.J.S. let herself into the apartment. She did not recall locking the door. She decided to lie down first and rest before fixing something to eat. She fell asleep.
G.J.S. thought she was dreaming about being with her husband when she felt someone kissing her and sucking her breast. She felt herself being caressed in her vaginal area and her hand rubbing a penis. The first time G.J.S. saw defendant, he was "laying over" her and his hand was on her vagina, his penis was out and her hand was on it. Defendant's other hand was taking her hand and rubbing it on his penis. G.J.S. was wearing a jumpsuit that zipped and buttoned all the way down the front of the suit. Both the zipper and the buttons were undone. Her bra was pulled up over her breasts. Her panties were still on and defendant was rubbing her vagina over her panties. G.J.S. shouted at defendant and ordered him to leave the apartment. After defendant left, G.J.S. locked the apartment door, went into the bathroom, locked that door, undressed, and bathed herself repeatedly. Defendant called the apartment wanting to talk to her and G.J.S. hung up on him. Later, he knocked on the door, but she ignored him and stayed in the bathroom. L.F. came back to the apartment and found G.J.S. crying in the bathroom. At no time did G.J.S. give defendant permission to touch her in any way. She continued working at the Elkton for a while after the incident, but she eventually quit because it was too stressful being there.
On cross-examination, G.J.S. testified that she felt defendant's fingers caressing her vaginal area over her jumpsuit, and both over and underneath her underwear.
L.F. testified that she saw defendant sitting at the bar while she and G.J.S. were at the Branding Iron. She did not see defendant at the Oasis. L.F. drank only a glass and a half of beer during the evening. She was not intoxicated at all. G.J.S. was "well bent."
While L.F. was in Port's Place, defendant approached her and asked G.J.S.' location. L.F. told him G.J.S. was in her apartment and she should be back soon. Defendant said he was going to call G.J.S. L.F. did not give defendant permission to enter her apartment. Defendant later returned to Port's Place and L.F. asked him where G.J.S. was. He said she was in the apartment. L.F. decided to check on G.J.S. She knocked on the door of her apartment, but G.J.S. would not let her in. L.F. obtained a spare key and went inside. G.J.S. was locked in the bathroom and L.F. had difficulty talking her into opening the door. When G.J.S. did open the door, L.F. saw that G.J.S. was upset and crying. Her clothes were unzipped and she was washing her hands and cleaning herself off. She had lipstick smeared on her. She was shaking as L.F. got her out into the living room. They went back to Port's Place and defendant was still there. L.F. "was going after him," but some of her friends restrained her. She shouted out what defendant had done to G.J.S., and defendant said he did not do it and he did not know what L.F. was talking about.
Bryan Dusch, investigator from the Quincy police department, testified that he interviewed G.J.S. and defendant. Defendant stated he saw L.F. at Port's Place about 1:45 a.m.; he had just gotten off work at Ruby Tuesdays at 1:30 a.m. He stayed at Port's Place for 10 or 15 minutes, then left and went to his apartment to go to bed. Defendant stated he did not go back to Port's Place that same night. He admitted knowing G.J.S. and said the last time he spoke with her was at L.F.'s apartment at 3 p.m. on June 3. Defendant said that when he saw L.F. in Port's Place, he asked where G.J.S. was and L.F. said she was in L.F.'s apartment and that she was intoxicated. Defendant initially stated that L.F. told him at ...