People v. Boone

534 N.E.2d 1266, 180 Ill. App. 3d 98, 128 Ill. Dec. 661, 1988 Ill. App. LEXIS 1832
CourtAppellate Court of Illinois
DecidedDecember 30, 1988
Docket1—85—1915, 1—85—2094, 1—85—2148 through 1—85—2150 cons.
StatusPublished
Cited by5 cases

This text of 534 N.E.2d 1266 (People v. Boone) 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. Boone, 534 N.E.2d 1266, 180 Ill. App. 3d 98, 128 Ill. Dec. 661, 1988 Ill. App. LEXIS 1832 (Ill. Ct. App. 1988).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendants Donald Boone, Alice Nelson, and Albert Tillman were charged by indictment with soliciting for a juvenile prostitute (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 15(1)), indecent liberties with a child (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 4(a)(3)), pandering (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 16), and juvenile pimping (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 19.1(a)). Defendant Boone was tried before a jury and found guilty of all charges. Defendants Alice Nelson and Albert Tillman, tried simultaneously with Boone in a bench trial, were also found guilty of all of the charges. All three defendants appeal their convictions.

The issues on appeal are (1) whether the defendants were proved guilty beyond a reasonable doubt, (2) whether defendants Boone and Nelson were denied a fair trial because of the trial judge’s questioning of the witnesses during their testimony, (3) whether defendant Boone was denied a fair trial by reason of certain remarks made by the State in closing argument, (4) whether the trial court erred in considering certain information offered in aggravation at Boone’s sentencing hearing, and (5) whether the trial court abused its discretion by denying defendants’ motions for a mistrial.

The State’s case consists mainly of the testimony of the four complaining witnesses, who told of a “sex club” run by the defendants wherein young girls, who were wards of the Illinois Department of Children and Family Services (DCFS), were given drugs in exchange for engaging in prostitution, pornography, and other sexual acts. Since the defendants contend that the alleged victims, who admitted to being drug users, gave confused, contradictory testimony that did not merit belief, and inasmuch as defendants charge they were not proved guilty beyond a reasonable doubt, we shall review the testimony of the witnesses in detail.

Donna Clark, the State’s first witness, testified that in October of 1982 she was 13 years old, a ward of the State, and living in Touhy House, which is a part of the Mary Bartelme House Placement Center in the City of Chicago. In November of 1982, in the neighborhood of Jarvis and Greenview in Chicago, Clark met a woman named Denise, whom she identified in court as defendant Alice Nelson. Defendant Nelson asked Clark if she wanted to get “high,” and when Clark assented, they went to Nelson’s apartment, where they smoked marijuana.

Clark testified that she returned to Nelson’s apartment in December of 1982 where she met Donald Boone and Albert Tillman. During the month of December when Clark was at Nelson’s apartment with another girl, Debbie Ferreri, she was told by A1 to go to bed with Nelson. When she refused, Al threw her up against a wall. Ferreri was given drugs, but Clark was not.

In January of 1983, Clark was given pills called “T’s” and “Blues” which made her “really high.” As a result, she went to bed with defendant Nelson and the two engaged in oral sex. Between January and early May of 1983, Clark saw Nelson on many occasions and had sex with her approximately 15 times. After being threatened by defendant Tillman, Clark had sex with a man she did not know and for which act she received drugs.

Clark also testified that she had sexual intercourse with Tillman several times, and that during February and March of 1983, he arranged for Clark to have sex in various places with different individuals. She gave the money she was paid to Nelson or Tillman and received drugs in return.

Clark testified she met defendant Boone at Nelson’s apartment in January of 1983 where she had oral sex with him and received drugs. Several times in the following months Clark again had sexual relations with Boone. In February of 1983, Clark was sent by Boone to a motel where she engaged in sexual intercourse with two men and one woman. Clark kept $75 of the $115 she received and gave the rest to Nelson.

Clark was photographed undressed and partially undressed by Tillman or Boone; she also witnessed movies being taken of other girls from DCFS homes in the apartment.

On February 8, 1984, while Clark was hospitalized in Des Plaines, where she was being treated for alcohol and drug abuse, she identified defendants Tillman and Boone from a group of photos of men and defendant Nelson from a group of photos of women.

On cross-examination, Clark testified that she began taking drugs when she was 10 or 11 and that she worked as a prostitute for a man named Bill and a man named Chafi. In June 1982, she overdosed on LSD.

The second witness for the State, Norma Jones, testified that she was 13 in May of 1982 and was living at Jarvis House, also a part of the State’s Mary Bartelme system. In May or June of 1982, Jones and a housemate, Debbie Ferreri, went to a 7-11 store at Greenview and Jarvis to play video games. Here they met another girl, Angel, and the three of them went to Nelson’s apartment. At the apartment, Jones saw defendants Nelson and Boone. All three girls were given marijuana, and Nelson gave Jones a can of beer. Boone then pulled out cocaine and put it on the table at which time the defendants told the girls to “snoot it up” their noses.

On her third or fourth visit to Nelson’s apartment, and several times thereafter, Jones witnessed a meeting of a club called “The Ladies” at which she saw about 15 girls, including Donna Clark and Elizabeth Zemola, and at which the girls discussed how well they were doing. During the meeting she asked Nelson how she could get drugs; Jones was told she would have to have sex with a man named James. She went into the bedroom where she saw James and Boone. Jones was given drugs after Boone took pictures of her having sex with James.

In September of 1982, Jones had sex with Boone, and James took pictures, in exchange for which she was given drugs by defendant Nelson. She also testified that Boone took photographs of her and Elizabeth Zemola, who were both nude at the time. Jones went to Nelson’s apartment at different times for approximately a year and had intercourse with defendant Boone or James about 25 times. She got drugs two or three times a week.

Jones stated that she never saw defendant Tillman at Nelson’s apartment. In November of 1983, she was at the “L” station with Romanda Neeley and Debbie Ferreri where they met defendant Nelson, who showed them nude photos of Jones.

The State’s third witness was Elizabeth Zemola, who testified that in July of 1982 she was 13 years old and lived at Mary Bartelme Chase House. She stated that she first went to Nelson’s apartment in July of 1982 with Elisha Bonner, where she met defendants Nelson, Tillman, and Boone. Nelson gave her cocaine and marijuana. Zemola testified that she went to Nelson’s apartment about 8 to 10 times in July and got “high.” In August of 1982, Zemola was told by Nelson that she would have to have sex with men in order to get any more drugs.

She had sex with a man in Nelson’s apartment in September of 1982 for which she received drugs. Nelson and Tillman were present in the apartment at the time. Several months later, Zemola witnessed Boone taking nude photos of Norma Jones.

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Related

People v. Goodar
612 N.E.2d 49 (Appellate Court of Illinois, 1993)
People v. Grant
596 N.E.2d 813 (Appellate Court of Illinois, 1992)
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575 N.E.2d 1326 (Appellate Court of Illinois, 1991)
People v. Mounson
540 N.E.2d 834 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
534 N.E.2d 1266, 180 Ill. App. 3d 98, 128 Ill. Dec. 661, 1988 Ill. App. LEXIS 1832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boone-illappct-1988.