People v. Abraham

629 N.E.2d 148, 257 Ill. App. 3d 587, 195 Ill. Dec. 840, 1993 Ill. App. LEXIS 2080
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket1-90-0791
StatusPublished
Cited by7 cases

This text of 629 N.E.2d 148 (People v. Abraham) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Abraham, 629 N.E.2d 148, 257 Ill. App. 3d 587, 195 Ill. Dec. 840, 1993 Ill. App. LEXIS 2080 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

This is an appeal from the conviction of defendant Alicia Abraham for first degree murder and aggravated battery of a child under an accountability theory. The trial court sentenced defendant to natural life imprisonment on the first degree murder charge and to 30 years on the aggravated battery charge to be served consecutively. On appeal, defendant contends that (1) the State failed to prove her guilty of first degree murder and aggravated battery beyond a reasonable doubt under an accountability theory; (2) her sentence to natural life imprisonment for first degree murder was an abuse of discretion in light of her passive role in the crime; (3) her sentence for aggravated battery of a child must be reduced because she was not given the opportunity to elect to be sentenced under the statute in effect at the time of the offense which imposed a lower sentence for that crime; and (4) her sentence for aggravated battery should be modified to run concurrently with her sentence for first degree murder, instead of consecutively with that sentence. For the reasons set forth below, we affirm defendant’s conviction and sentence on the first degree murder charge and reverse and remand for resentencing on the aggravated battery charge.

FACTS

The facts in this case recite a litany of continuous abuse and torture of two sons of defendant: Lattie McGee, age four, who died as a result of that abuse, and Cornelius Abraham, age six, who was scarred and permanently deformed from that abuse. The facts in this case are virtually undisputed with the focus of the parties’ arguments being the implications of these facts.

From April 1987 through August 1987, defendant Alicia Abraham and her four young children lived with Johnny Campbell in an apartment in Chicago. During this period, two of defendants children, Lattie McGee, age four, and Cornelius Abraham, age six, were subjected to "sadistic torture” by Campbell, who was not their natural father.

This abuse began sometime in June 1987 after Campbell determined that Lattie and Cornelius had homosexual tendencies and had been engaging in homosexual acts. Campbell accused the boys of sneaking off to have sex and would beat them, stick needles in their chests and buttocks and make them stand in the corner if they did not admit to this course of behavior. Throughout this period, the children’s crying was heard by neighbors on an almost daily basis who also heard a man yelling at the children to shut up and stop crying. Defendant was aware of what Campbell was doing, but never told anyone what was happening.

In late June, Campbell was beating Cornelius with a belt and when Cornelius attempted to escape, Campbell broke Cornelius’ tooth by striking him. Then sometime in July, Campbell hit Cornelius’ hand with a brush and as a result of this blow, Cornelius could not close his hand properly. He never received medical attention for this injury. Cornelius was also scalded with hot water as punishment.

During this time, Lattie was also suffering constant abuse. On numerous occasions, Campbell would use a tree limb to beat Lattie. On one day, Campbell had Lattie in the bathroom, and was "yanking him back and forth” and as a result a bone popped out in Lattie’s back. Campbell hit Lattie again in an attempt to make the bone go back in and the bone popped out in the front of Lattie’s body. As a result, a large lump developed in Lattie’s throat and his throat became very swollen. After that time, Lattie could not swallow solid food and could barely swallow water. It looked as if there were teeth marks on his gums. Again, defendant was aware of these instances of abuse, but never told anyone.

Cornelius was regularly forced to sleep in the front closet and was beaten by Campbell frequently with switches, extension cords, and belts while he was tied up on a hook in that closet. Lattie was forced to stay in the bedroom closet with no clothes on and newspapers on the floor for between two and three weeks.

Defendant was present when Cornelius and Lattie were "punished” by Campbell. Cornelius described how he was tied up and hung from his arms in the closet by Campbell for two days during which time his mother was present. He stated that Campbell burned him twice with a lit cigarette when defendant was in the living room. Cornelius also stated that defendant was in the living room watching television when Campbell used an iron to burn Lattie’s chest and Cornelius’ buttocks.

On at least one occasion, defendant held Lattie while Campbell bound him. After tying Lattie up this time, Campbell hung him in the closet on the clothes rack. At other times, Lattie was hung upside down in the closet while bound. Campbell also tied Lattie to the radiator. Campbell subsequently explained that he kept Lattie tied up so that he wouldn’t pick at the sores which had by that time developed on his chest and leg as a result of the abuse.

Campbell would also bathe Lattie two or three times a day because he was afraid that Lattie’s wounds were becoming infected. During one of these baths, Lattie screamed that the water was too hot, but Campbell did not believe him. As a result of this scalding and Campbell’s harsh scrubbing, skin would come off of Lattie’s body. Campbell would also frequently beat Lattie in the bathroom.

On August 12, Campbell was holding Lattie and beating him. As a result of this beating, the skin on Lattie’s legs was pulled off. On August 13, 1978, defendant returned home to find Cornelius standing inside the front closet and Lattie tied up in the bedroom closet. She let them out of the closets to use the washroom and then the boys went back to the closet. Defendant and her two other children proceeded to watch television, while Campbell took Cornelius into the bathroom and hit him in the head.

Campbell then took Lattie to the bathroom to wash him and noticed there was a significant amount of pus coming from where Lattie had been poked with the needles. At midnight August 13, Campbell gagged Lattie and taped potato peels to his eyes and put him back in the closet; Cornelius was still in the front closet. Defendant and Campbell went to sleep on the couch with the boys still in the closet.

When defendant awoke on the morning of August 14th, she watched television for an hour. She then checked and found that Cornelius was still in the closet; she did not check on Lattie. When Campbell got up, he checked on Lattie who was still in the other closet. Lattie asked for water and Campbell told him that he could only have some if he could walk and get it. As they walked, Lattie kept falling and Campbell would pull him back up. Campbell was mad that Lattie had urinated on himself.

Defendant fixed hot dogs which she, Campbell and Cornelius ate; Lattie still could not eat anything. After Campbell ate, he put Lattie back in the closet with tape on his mouth and potato peels on his eyes. When Campbell subsequently went out for an hour and a half, defendant checked on Lattie for a few minutes, and then went back to watching cartoons on television with Lattie back in the closet.

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Cite This Page — Counsel Stack

Bluebook (online)
629 N.E.2d 148, 257 Ill. App. 3d 587, 195 Ill. Dec. 840, 1993 Ill. App. LEXIS 2080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abraham-illappct-1993.