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People v. Foley

December 28, 2000


Appeal from the Circuit Court of Boone County. No. 97--CF--153 Honorable Gerald F. Grubb, Judge, Presiding.

The opinion of the court was delivered by: Justice McLAREN

After a jury trial the defendant, Matthew Foley, was found guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(2)(A) (West 1996)), residential burglary (720 ILCS 5/19--3 (West 1996)), and home invasion (720 ILCS 5/12-11 (West 1996)). The defendant was sentenced to 25 years' imprisonment on the sexual assault count and consecutive 10-year sentences for residential burglary and home invasion to run concurrently with each other. The defendant appealed, and we affirmed defendant's convictions in a Rule 23 order filed October 18, 1999. People v. Foley, No. 2--98--0321 (1999). Pursuant to an order by our supreme court, we vacate our prior Rule 23 order and reconsider this cause in light of People v. Ramsey, 192 Ill. 2d 154 (2000). We affirm.

The following facts are taken from the record. G.S., the complainant's grandmother, testified that, at about 7:30 a.m. on October 16, 1997, while at home, she attempted to make a phone call to get a ride for the complainant, K.S. However, the phone was dead, so G.S. went to the garage to use her car. As she walked toward her car, G.S. noticed that all four tires of her son's car were flat and that the phone lines had been cut. G.S. stated that the phone lines had been repaired that afternoon but were dead again that evening.

While looking out the window of the home that evening, E.W., G.S.'s son's fiancée, saw a man staring at the house. E.W. turned out the lights and got a hammer; when she looked again, the man was pacing outside the house. E.W. told G.S. that there was a prowler outside. G.S. looked outside and saw nothing. She went to bed at about 9:30 p.m.

G.S. stated that she shared a bed with her granddaughter, K.S., the complainant, who slept in the nude. At about 11:30 p.m., G.S. awoke when she heard her granddaughter ask in a frightened voice what was going on. G.S. saw a man she identified as the defendant with a knife to K.S.'s throat. When G.S. began to cover K.S. with a blanket, the defendant told G.S. to stop or he would cut K.S. The defendant told G.S. that she knew what he wanted. G.S. then jumped out of bed, turned on a light, ran to the bedroom door, and screamed for help. M.S., the grandmother's son and K.S.'s father, ran into the room and subdued the defendant. G.S. ran to a neighbor's house and called the police.

The complainant's father, M.S., testified that he lived with his mother, G.S., and his daughter, the complainant, K.S. On the morning of October 16, 1997, M.S. saw that his tires were slashed and the phone lines were cut. When he returned from work at 10:45 that evening, the lights were off in the house. His fiancée told him about the man she had seen earlier and what had happened with the phone lines that day. M.S. then saw that the phone lines had been ripped apart again.

M.S. also stated that, at about midnight, he heard his mother (G.S.) scream and he ran to her bedroom, where he saw the defendant holding a knife at his daughter's (K.S.'s) throat. The defendant's pants were unzipped and his pants were down at his knees. M.S. knocked the defendant down, grabbed the knife, and held the defendant until the police arrived. Later, M.S. saw that the screen door had been cut.

Belvidere police officer Patrick Gardner, the first officer to arrive at the scene, testified that, when he arrived at the scene, the defendant's jeans were unzipped and down around his knees. The defendant was wearing a black stocking cap, a black leather jacket, and green jeans.

According to Officer Gardner, while still in the house, the defendant was advised of and waived his Miranda rights and stated that he grabbed K.S.'s "crotch" and "tits." Officer Gardner escorted the defendant to a patrol car and rode in the backseat of the car from the scene to the Belvidere public safety building. During the drive, the defendant made additional admissions. According to Gardner, the defendant stated that, on the morning of October 16, 1997, he looked through a window and saw K.S. naked. The defendant also stated that he wanted to have sex with K.S. and stalked the house throughout the day. The defendant also told Gardner that at around 10 p.m. he stacked 12 boards outside K.S.'s window and climbed them to peer through the window. The defendant stated that he was not able to enter the house through the window, so he cut the screen door and entered that way. The defendant told the officers that he went directly into K.S.'s room and placed a knife at her throat. K.S.'s grandmother, G.S., woke and turned on a light when K.S. began to struggle. The defendant told the grandmother that she knew what the defendant wanted and he then grabbed K.S.'s breast and "crotch." The defendant then stated that he placed his finger in K.S.'s vagina and knew that she was a virgin because "it smelled so good." According to Gardner, the defendant stated that K.S. seemed to be 14 or 15 years old and that he knew that it was wrong to commit these acts. The defendant also stated that he had consumed cocaine earlier that day.

Belvidere police officer David Dammon testified that he drove the defendant from the scene to the Belvidere public safety building at about 1 a.m. Dammon stated that the defendant stated that he knew he was in trouble and that he was not going to hurt the "bitch" and he just wanted to get some money to buy some "rock." According to Officer Dammon, the defendant did not appear to be under the influence of alcohol or drugs.

Belvidere police officer Daniel Smaha testified that he was present when the defendant, after again being advised of and again waiving his Miranda rights, gave an oral statement at the Belvidere public safety building. The statement was reduced to writing and signed by the defendant. The defendant stated that, on the day of the incident, the defendant walked down K.S.'s street looking into windows, when he saw K.S., who was nude. The defendant thought that only two women lived in the house. He observed the house for awhile, cut the phone wires, left the area, and returned in the late evening hours. The defendant stated that, after the house lights were off for about an hour, he cut the screen door and entered the house. The defendant stated that he held a knife to K.S.'s throat with his right hand and put his left hand on K.S.'s breast. The grandmother turned the light on and asked what the defendant wanted. The defendant stated that the grandmother knew what he wanted and the grandmother began to yell for the police. The defendant also admitted that he stuck his index finger into K.S.'s vagina and that he intended on robbing the house and having sex with K.S. if no one else was there. The defendant stated that he was high when he broke into the house and had smoked five to six bags of crack cocaine earlier that day. But Smaha stated that the defendant did not appear to be under the influence at the time the defendant gave the oral statement.

Dr. Donald Pearson, a licensed clinical psychologist, testified on the defendant's behalf. Dr. Pearson stated that he examined the defendant for the first time on November 13, 1997. However, Dr. Pearson terminated that session after determining that the defendant had been overly sedated. Dr. Pearson examined the defendant again on November 18, 1997, and the defendant was alert, responsive, and unmedicated, but was also disheveled, unshaven, and wounded on both arms. Dr. Pearson described the wounds as rub and gouge marks. During this second exam, Dr. Pearson conducted 15 tests, which revealed that the defendant had aggressiveness and a possible psycho-organic disturbance and that the defendant was not malingering. The tests also revealed that the defendant suffered from extreme depression, deviant thoughts, periodic and high levels of anxiety, feelings of loneliness and estrangement, a high propensity for neurotic breakdown, and low-average intelligence.

Dr. Pearson also reviewed the defendant's mental health records from the Department of Corrections, which revealed that, while the defendant was previously incarcerated in 1996, two Menard staff psychiatrists diagnosed him with schizophrenia in May 1996. At that time, the defendant's symptoms included auditory hallucinations in the form of his late uncle speaking to him. The report also indicated that defendant was suicidal and, while on medication, burned and scratched himself and set his pants on fire in response to a hallucination in June 1996. The defendant's medical record indicated that the defendant's schizophrenia went into partial remission and his self-destructive behavior decreased, but the defendant refused to take his medication.

The record also contained a June 1997 report by Dr. Angel Hereda, a Dixon staff psychiatrist. The defendant told Dr. Hereda that he had a history of auditory hallucinations, which were in remission at the time of the report; explosiveness; increased energy; racing thoughts; a decreased need for rest; and depression. Dr. Hereda ...

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