People v. Bryant

560 N.E.2d 955, 202 Ill. App. 3d 1057, 148 Ill. Dec. 358, 1990 Ill. App. LEXIS 1346
Appellate Court of Illinois·Decided September 4, 1990·No. No. 1-88-0402·Published·Cited by 2 cases

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant Larry Bryant was convicted by a jury of home invasion, armed robbery and aggravated battery and acquitted of attempted murder. The circuit court held that the other offenses merged into home invasion, entered judgment on that charge only and sentenced defendant to 16 years’ imprisonment.

On appeal, defendant alleges that (1) the jury’s verdict was the result of prejudicial error arising from the admission of the complaining witness’s testimony which revealed defendant’s past criminal record; (2) “staged” photographs of the crime scene taken several days after the alleged home invasion took place constituted prior consistent statements of the complaining witness and were therefore inadmissible hearsay; and (3) the testimony of the complaining witness was unreliable as a matter of law, creating a reasonable doubt as to his guilt. We affirm.

At trial, the victim, Georgia Walker, testified that in the late evening of May 1, 1987, she was playing cards in her home with two female neighbors. During the game, which lasted about four or five hours, until one or two o’clock in the morning, Walker drank three “tall” cans of beer. (She explained that since one of the women did not drink, two of them split a six-pack in half.) Before the neighbors left, Walker gave one of them her own and another neighbor’s rent payments and put the remaining $34 into the pocket of her four-year-old son’s jacket, which was lying on the couch. Before retiring to bed, she left the kitchen window slightly open and made certain the back door was locked from the inside with a chain. Outside it was raining.

Sometime during the night, Walker got up from bed, went into the bathroom and fell asleep while sitting on the toilet. She was awakened by the presence of a man whom she immediately recognized and said, “Larry, what are you doing here?” The man flashed a knife and said, “Give me your money, bitch.” She answered, “What money?” and he started stabbing her in the head-on her forehead, over her eye and behind her ear. When she raised her hands to protect her face, he stabbed her in the stomach. At this time, Walker was still sitting in shock on the toilet and thought she was “daydreaming.” When she looked up, she saw another figure who appeared to be a woman wearing a black down coat coming up the stairs. After the woman turned around and went back down, Walker heard a female voice from downstairs saying, “Baby, I found it.” At this point the man left the bathroom doorway and went down the steps.

Walker then stood up, looked in the mirror and, after noticing that she was covered with blood, knew that she was not “daydreaming.” She immediately ran to her bedroom and then downstairs to the kitchen to call the police, but both telephone lines were dead. Realizing that the wires had been cut, she ran next door through the rain and yelled out to her neighbor to call the police.

Back inside her house, Walker noticed that the kitchen window was open wider than when she went to bed, that there was a puddle of water in the middle of the kitchen floor with wet footprints around it, and that the back door was slightly ajar. Upon a later inspection, she found that the screen of the kitchen window had been cut.

Chicago police officer Nancy Riggio testified that when she arrived at the house in the early morning hours of May 2, 1987, she found Walker bleeding and in a state of hysterics. At that time, Walker told the officer that she heard a noise in the night and when she went out into the hallway outside her bedroom to investigate, she was accosted by a man she immediately recognized as Larry, who demanded her money and began stabbing her. After talking to the police, Walker was taken to the hospital, where she received stitches for the stab wounds to her head.

At the time of the incident, according to Walker, she was living with her four-year-old son in a row house managed by the Chicago Housing Authority. The living room and kitchen were on the first floor, and two bedrooms and a bathroom were on the second. The back door had a security gate which did not lock. A small window next to the door was protected by burglar bars, but the main kitchen window was not. Whenever it rained and the kitchen window was open, water would come in and form a pool in the middle of the floor. Walker habitually left the light turned on in the upstairs bathroom throughout the night for the benefit of her child. The light, a light bulb located in the middle of the ceiling about a couple of feet forward from the toilet, was shining on the night she was attacked.

Defendant, whom Walker recognized as her assailant, had been her boyfriend from 1981 to 1983, when he went to prison. Upon his return in August 1986, they resumed their relationship briefly for a few months, until Walker brought it to an end in October and took back the key to her house. Near the time of the incident, defendant still visited Walker occasionally, but had to be admitted by someone at the door.

The defense called two witnesses. Carolyn Jackson, director of food services at the Community Care Nursing Home, testified that defendant had a good reputation for honesty at the nursing home, where he was employed as a cook from November 1986 to February 1987. Sarah Bryant, who had been married to defendant about eight months at the time of trial, testified that on the night of the incident she was at home with him and her three children. They ate, watched television and went to bed. Some discrepancy exists concerning the night about which she actually testified, because defense counsel examined her about May 2, 1987, the night after the attack, whereas the prosecutor cross-examined her about May 1, 1987, the eve of the attack. At the time of trial, she was on probation for aggravated battery for beating and tying up a woman inside the woman’s home. Defendant did not testify.

Defendant first alleges that Walker’s two references to his prior stay in prison deprived him of a fair trial. During Walker’s direct examination, defense counsel made a motion at sidebar asking the State not to elicit any testimony from her about defendant’s prior prison sentence. The following colloquy took place:

“MR. CUDA [Defense attorney]: I’d like to make sure that counsel does not in any way suggest that Mr. Bryant was in the pen after 1981.
MS. CESARIO [Assistant State’s Attorney]: If I used hiatus [sic] in the motion, I am not going to say anything now. I know what the rules are.
MR. CUDA: I hope the wind won’t let that slip out.
THE COURT: But I am instructing Ms. Cesario not to inquire in any way as to that — bring that out, and if it slips out I can’t help that, we will have to deal with it then.”

The assistant State’s Attorney then resumed questioning Walker about her relationship with defendant. After the eighth question, the examination continued as follows:

“Q. And prior to May 2, 1987, did Mr. Bryant ever come to your house?
A. Yes.
Q. Now, the times he came to your house, did [he] have a key at those times?

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People v. Bryant, 560 N.E.2d 955, 202 Ill. App. 3d 1057, 148 Ill. Dec. 358, 1990 Ill. App. LEXIS 1346 (Ill. Ct. App. 1990).

560 N.E.2d 955 (People v. Bryant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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