United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
JOHNSON COLEMAN United States District Court Judge.
Young petitions this Court for a writ of habeas corpus based
on alleged constitutional defects in his conviction and
sentence. For the reasons set forth below, Young's
petition  is denied.
Young does not present clear and convincing evidence
challenging the facts set forth in the Illinois Appellate
Court's opinion, those facts are presumed to be correct
for the purpose of habeas review and are adopted as set forth
below. See 28 U.S.C. § 2254(e)(1); Rever v.
Acevedo, 590 F.3d 533, 537 (7th Cir. 2010).
a bench trial, Young was found guilty of heinous battery,
aggravated domestic battery, and aggravated battery. Young
was sentenced to concurrent terms of six, three, and two
years in prison, respectively, with corresponding terms of
mandatory supervised release. At trial, the victim,
Christopher Hall, testified that he had dated Young for three
years, but that their relationship had ended in 2009. On
March 21, 2010 at 10:45 a.m., Hall testified that he heard
someone knocking on the back door of his house. When he
answered the door, he testified that Young was at the door
wearing his work uniform. Young and Hall argued, and Hall
told Young that he did not have time to talk to him. At that
point, Young reached into his right jacket pocket, removed a
small bottle, and splashed the contents of the bottle onto
Hall's neck, back, shoulder, and chest. Young then fled
the scene. Hall testified that the liquid in the bottle
caused a burning sensation where it had contacted his skin.
He called 911, and was subsequently transported to the
trial, Hall further testified that after the preliminary
hearing, he had gone to the Cook County Jail to visit Young.
Hall explained that Young looked like he had been in a fight.
Hall stated that he had still had feelings for Young at that
time, and accordingly had tried to help him get out of jail
by writing Young a letter attributing the attack to
Young's cousin “Jonathan.” At trial, however,
Hall reaffirmed that it was in fact Young who had attacked
responding police officer testified that Hall had told her
that he was attacked by Young, and had given her his
description and address. The officer also testified that she
had found an empty red box labelled for the disinfectant
Creolin in the yard of Hall's house.
responding paramedic testified that when he arrived at the
incident, Hall was wearing a shirt that was soiled and
emanating a foul odor. He observed that Hall was in pain and
had redness around his neck. After Hall's shirt was
removed, the paramedic observed that Hall had suffered first
degree burns on his chest, back, and arm.
parties stipulated that, if called to testify, the emergency
room doctor who treated Hall would testify that Hall
presented with chemical burns and acidosis covering his left
shoulder, mid upper back, left neck, posterior upper arm, and
left elbow region, caused by a liquid disinfectant named
Creolin. The doctor would also have testified that Hall had
informed him that he was assaulted by his ex-boyfriend with a
bottle containing a chemical. Finally, the doctor would have
testified that he diagnosed Hall with “first degree
burns which were caused by a chemical agent, ” which
was consistent with the version of events given by Hall.
defense presented the testimony of Young's supervisor
that on March 21, 2010 Young was working as a patrolling
security officer at the Northwestern Women's Hospital.
The supervisor explained that patrol officers move throughout
the building to which they are assigned and that a computer
system logs when each officer uses their ID card to open
electronic locks in the hospital.
day in question, he testified that Young had swiped his card
13 times between 7:06 AM and 2:48 PM. On cross-examination,
however, he admitted that Young's card had not been
swiped between 8:22 AM and 11:36 AM. The state then asked the
court to take judicial notice of the distance from the
hospital to Hall's house, which was approximately 17
trial court found Hall guilty of heinous battery, aggravated
domestic battery, and aggravated battery. In doing so, the
trial court acknowledged Hall's conflicting statement in
his letter to Young but stated that it believed Young had
committed the crime. With respect to the alibi, the trial
There is no doubt there is certainly a window and I did take
judicial notice of the distance. I'm familiar with the
area downtown and I'm familiar with the area of Bellwood
and there's a three-hour window here for travel. 8:22 was
a swipe and the next swipe is not until 11:36. We're
talking even more than three hours.
trial court accordingly rejected the partial alibi evidence
and found that ...