People v. Brown

558 N.E.2d 309, 200 Ill. App. 3d 566, 146 Ill. Dec. 346, 1990 Ill. App. LEXIS 902, 1990 WL 85379
Appellate Court of Illinois·Decided June 25, 1990·No. 1-86-3125·Published·Cited by 56 cases

Opinion

JUSTICE MANNING

delivered the opinion of the court:

Defendant, Solomon Brown, and codefendants Hiram Boone and Kenneth Baker, neither of whom is a party to this appeal, were charged by indictment with aggravated criminal sexual assault, criminal sexual assault, unlawful restraint and aggravated battery against complainant. All three men were tried jointly in a jury trial. Kenneth Baker was found not guilty of all of the charges. Hiram Boone was found guilty of criminal sexual assault, and defendant was found guilty of aggravated criminal sexual assault. After hearing evidence in aggravation and mitigation, the court sentenced defendant to six years’ imprisonment.

On appeal defendant raises the following contentions: (1) whether prejudicial error resulted when the court allowed Milton Smith, a State witness, to testify regarding his opinion as to the alleged incident and the assistant State’s Attorney to testify as to prior consistent and inconsistent statements allegedly made by Smith; (2) whether prejudicial error resulted from the trial court’s cross-examination of a defense witness; (3) whether the trial court improperly denied defendant’s motion for directed verdict and improperly submitted jury instructions on the charge of aggravated criminal sexual assault predicated upon the threat of use of a gun; and (4) whether defendant was proved guilty beyond a reasonable doubt.

The State’s case in chief consisted substantially of the testimony of complainant. She testified that on August 27, 1984, she left her apartment between 6 p.m. and 7 p.m. to visit her girlfriend, Adrienne, who lived in a building approximately four to five blocks away at 45th Street and Michigan Avenue. Complainant remained at Adrienne’s until about 8 or 8:30 p.m. Defendant, also known by the name of “Butter” and whom complainant had known for approximately two months, offered to give her a ride home. She accepted the ride and rode with him to a liquor store a few blocks away. At this time they each had a drink. Defendant inquired if complainant would ride with him to his house to pick up something, and she agreed to do so. Then, defendant drove to “40 something” and Michigan where he got out of the car and spoke to a friend. Next, defendant took complainant to 73rd and Vincennes at which time she called her daughter Yolanda to give her the address of the apartment and inform her that she would be home soon.

The complainant further testified that defendant then offered her another drink, which she refused, and made a telephone call himself. Shortly thereafter, Kenneth Baker, who was wearing a “Maxie Clean” shirt and was known as “Max”, came into the apartment. They talked for a while and then defendant told complainant to take a look around his bachelor pad. While looking around the apartment, defendant pushed her into the bedroom, grabbed at her, and repeatedly told her to take off her clothes or he would tear them off her. Defendant wrestled with complainant, threw her on the bed and engaged in sexual intercourse with her. After this incident, Baker came into the bedroom. When complainant refused to perform oral sex on Baker, defendant hit her on the head and back. Then, complainant proceeded to engage in oral sex and sexual intercourse with Baker. Defendant again hit her “upside of the head” and forced her to have oral sex with him. Soon thereafter, Baker left and a person, identified as Hiram Boone, entered the room. Defendant told Boone to have complainant, at which time Boone then engaged in oral sex with her. During this time, defendant hit complainant with his fists and a piece of scrap from a radio. When defendant and Boone left complainant alone in the room, she attempted to escape out of a window but was unsuccessful because the window had bars on it.

Complainant further testified that a fourth man visited the apartment that evening. However, he did not engage in sex with her. Complainant went to the dresser, where defendant began to hit her in the head and back. She hit the dresser and cut her hand on some glass. Boone took complainant to the bathroom to put water on the cut. During this time, defendant stood in the hallway threatening to kill complainant. Complainant testified that defendant told Boone to get his gun, which Boone refused to do. Defendant then told Boone to get his knife so he could cut off complainant’s head and cut out her heart, which Boone also refused to do. Boone told complainant to lock herself in the bathroom. Soon thereafter, Boone removed complainant to his bedroom. By this time, defendant had passed out. Thereafter, Boone took defendant’s car and drove complainant to a building close to her apartment. Complainant testified that Boone told her that he wanted to date her.

Once in the apartment, complainant told her daughters that she had been raped by “Butter” and two other men. Her daughter, Yolanda, telephoned complainant’s sister Connie, who then called the police. The police took complainant to the hospital for an examination.

Edward Elam, complainant’s cousin, testified that on the morning of August 28, 1984, he saw the complainant at her sister Connie’s house, and first learned about the incident. Elam then went to South Vincennes, where he saw a man wearing a Maxie uniform drive off from that address. Elam followed the car and man, later identified as Kenneth Baker, to a building. Elam then called the police, who arrived at the building and arrested Baker.

Police officer Joyce testified that on the afternoon of August 28 she accompanied complainant to the Vincennes Avenue address where defendant answered.the door. The police found complainant’s earring and a scrap of radio inside the bedroom in the apartment. They also found a gun under the bed. Officer Joyce also testified that complainant’s face was swollen on the side, she had a few knots on her head and some welts on her back and legs. The officer stated that complainant had told her that Baker and defendant repeatedly took turns engaging in sexual acts with her for several hours.

Complainant’s daughter, Yolanda, testified that she had met defendant prior to the incident. Although she had never seen her mother alone with him, she had seen her mother, Adrienne and defendant sitting and talking on Adrienne’s porch. She stated that when her mother came home the morning of August 28, 1984, she noticed bruises on her face.

Milton Smith, a co-worker of defendant and Baker at Maxie Clean, recounted that at approximately midnight on August 27, 1984, he arrived at the apartment located at 7355 South Vincennes to pick up Baker for work. While he sat in the living room talking to Baker, defendant continually called for him to come back to the bedroom. He went to the bedroom and saw the defendant, Boone and a woman. Both defendant and the woman were naked. Smith also testified on direct examination that the woman was sitting crouched on the edge of the bed with her head down and mumbling something like “can’t believe this.” Smith further stated that the group was “doing a lot of drinking” and talking. Defendant told him to have a drink and “some of this.” When questioned further, Smith stated that he understood this to mean that defendant was referring to the woman. However, Smith told defendant that he was crazy and left the room.

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People v. Brown, 558 N.E.2d 309, 200 Ill. App. 3d 566, 146 Ill. Dec. 346, 1990 Ill. App. LEXIS 902, 1990 WL 85379 (Ill. Ct. App. 1990).

558 N.E.2d 309 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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