People v. Brown

437 N.E.2d 1240, 107 Ill. App. 3d 576, 63 Ill. Dec. 318, 1982 Ill. App. LEXIS 2027
Appellate Court of Illinois·Decided June 25, 1982·No. 80-1349·Published·Cited by 14 cases

Opinion

JUSTICE WILSON

delivered the opinion of the court:

Following a jury trial, defendants Raymond and Lori Brown were convicted of indecent liberties with a child. (Ill. Rev. Stat. 1977, ch. 38, par. 11 — 4.) The trial court sentenced Raymond Brown 1 to 5 years imprisonment and Lori Brown to a period of probation. On appeal, defendant contends that: (1) the prosecutor committed reversible error by eliciting testimony from complainant as to psychiatric treatment she received after the charged offense, by eliciting testimony of other offenses allegedly committed by defendant, and by inquiring on cross-examination about the contents of allegedly pornographic films that had been specifically excluded from evidence by the trial judge; (2) the court committed reversible error in barring the defense from introducing testimony that complainant had previously claimed to a friend that she had engaged in sexual intercourse with the devil; (3) defendant was deprived of effective assistance of counsel through trial counsel’s failure to move to suppress evidence seized in defendant’s apartment during a warrantless, nonexigent arrest and search; and (4) defendant was not proved guilty beyond a reasonable doubt.

On February 1, 1978, complainant, Rebecca B., who was then 13 years old, was taken to the psychiatric ward of a hospital by her mother. She called police, who were not able to speak to Rebecca until February 20, 1978, because of her hospitalization. Upon investigation of complainant’s charges against defendants police conducted a surveillance of defendants’ apartment from April 1 to April 5, 1978.

On the evening of April 5, 1978, five police officers knocked on the door of the Browns’ apartment and announced their office. When Raymond Brown answered the door the police asked his name and then arrested him and advised him of his rights. They also arrested Lori Brown, who was present in the apartment. They searched the apartment and recovered several pornographic films, a projector, and various sexual devices. A police evidence technician then photographed the kitchen, bathroom, and bedroom. The Browns were charged with having committed indecent liberties with complainant on January 6, 1978.

At trial, Rebecca testified that in September of 1977 she was living . with her mother. She met defendants in October of that year when she went to their apartment with a schoolmate, known as Nina B., to babysit.

Two weeks later, Rebecca returned to the apartment with Nina and she started going to the Browns’ apartment once or twice a week.

Complainant further testified that in mid-November of 1977, she was in the Browns’ apartment with Nina, Raymond, and Lori Brown, talking and smoking reefers. The four of them went into the bedroom and watched a film, “Snow White,” and then a pornographic film. After the film, Raymond and Nina had sexual intercourse on the bed while she and Lori Brown were also on the bed.

Rebecca further testified that she and Raymond had sexual intercourse and then Raymond had intercourse with Nina again. Complainant stated that she went to the apartment three or four times a week between mid-November and January 6,1978, and stayed overnight 2 or 3 nights a week. On those nights Raymond, Lori, and Nina were also present. Rebecca further testified that she had sexual relations with Lori Brown prior to January 6, 1978. On the evening of January 6, 1978, she and Nina, Raymond, Lori, and another girl, were drinking and smoking reefers when Raymond showed them some pornographic films in the bedroom. Rebecca testified that she had seen such films 20 or 25 times before. The prosecution then showed the jury one of the films, which the complainant identified as one that she had seen at the Browns’ apartment on January 6, 1978 and other times.

Rebecca testified that after the movies were shown, Nina had sexual intercourse with Raymond and then she did also. Then Raymond and Nina performed acts of oral sex, after which Raymond put on a dildo and penetrated Nina’s vagina and anus. After that, Raymond directed Nina and then Rebecca to put their mouths on his penis. Then Lori Brown put her mouth on Nina’s vagina and then Rebecca’s. Raymond and Lori performed other sexual acts that day. Complainant testified that she left the next day and never returned, although Raymond and Lori telephoned and asked her to return.

Further testifying, Rebecca stated that she went to school on February 1, 1978, and that her mother removed her from school and took her to Illinois Masonic Hospital, where she stayed for two weeks in the psychiatric ward. Over defense objections, Rebecca stated that she was currently receiving psychiatric treatment but that she had not been receiving it prior to February 1, 1978.

Complainant identified several photographs of the Browns’ apartment and the projector used to show the films.

On cross-examination, Rebecca testified that from October of 1977 to January 6,1978, Nina was living with the Browns. She denied that she was in love with Nina and denied that she had asked Nina to live with her and her mother. Defense counsel asked Rebecca if she were a witch and she answered in the negative before the court sustained the State’s objection. Counsel attempted to further inquire along the same lines but the court again sustained objections. During a conference outside of the jury’s presence, the court ruled that the questions were irrelevant and improper.

In further cross-examination, Rebecca testified that she had had a social worker during the time she was going to the Browns’ apartment but that she never told the social worker about the Browns. To explain her absences from school so she could go to the Browns, Rebecca wrote notes that were supposed to be from her mother. She admitted that the notes contained lies. She did not tell her mother about the occurrences at the Browns’ apartment.

Next to testify was Chicago police officer Patrick Deady, who had spoken to complainant’s mother on February 1,1978, and then had begun the investigation. Officer Deady talked to complainant on February 20, 1978, and a few weeks later he interviewed Lisa A. and Nina B. Subsequently he began the surveillance of the Browns’ apartment. On April 5, 1978, he and four other officers arrested Raymond and Lori Brown in their apartment. He found a projector, sexual devices, reams and films in the bedroom. He saw dirty clothes, garbage, and excrement strewn around.

He further testified that one of the officers thoroughly searched the apartment, recovering 41 films, some cartoons and some adult pornography. Further, Officer Deady stated that complainant had told him that she had engaged in sexual relations with the Browns 70 or 80 times.

The State introduced into evidence, over defense objection, the film identified by complainant and viewed by the jury, two photographs of the bedroom, and the projector. The court did not allow into evidence six photographs of the apartment, stating that they had no probative value, nor did the court admit several films recovered from the apartment. The State then rested.

The first defense witness was Nina B., 15 years old at the time. She had known Raymond and Lori Brown for 4% years and had introduced Rebecca to them.

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People v. Brown, 437 N.E.2d 1240, 107 Ill. App. 3d 576, 63 Ill. Dec. 318, 1982 Ill. App. LEXIS 2027 (Ill. Ct. App. 1982).

437 N.E.2d 1240 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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