People v. Campbell

625 N.E.2d 130, 252 Ill. App. 3d 624, 192 Ill. Dec. 170, 1993 Ill. App. LEXIS 1290
CourtAppellate Court of Illinois
DecidedAugust 23, 1993
Docket1-92-2784
StatusPublished
Cited by12 cases

This text of 625 N.E.2d 130 (People v. Campbell) 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. Campbell, 625 N.E.2d 130, 252 Ill. App. 3d 624, 192 Ill. Dec. 170, 1993 Ill. App. LEXIS 1290 (Ill. Ct. App. 1993).

Opinion

JUSTICE O’CONNOR

Defendant appeals his convictions, after a bench trial, of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12— 14(a)), armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2(a)), and aggravated kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 2(a)(3)).

The State’s principal witness was the victim, who testified that at about 7 p.m. on March 12, 1988, she was walking west on Briar Street near Broadway in Chicago, toward her home. As she walked, she saw a man, whom she later identified as defendant, walking about a quarter of a block ahead of her. The man paused under a street lamp. Becoming “uncomfortable,” the victim stopped as the man walked out of view. She hurried to her apartment building and entered the first of two sets of doors, into a vestibule lighted by an overhead lamp. As she took off her gloves, she heard footsteps. The door opened behind her, and she turned around to see defendant standing in the vestibule, pointing a small, yellow, metal gun at her.

Defendant demanded the victim’s wallet. Although the victim tried to engage defendant in conversation, he ordered her to accompany him outside. The area outside the apartment building is lighted by an alley light, which is located 10 to 15 feet west of the walkway in front of the building. Defendant led the victim east on Briar, walking beside her, with the gun held to her side. They walked about a half block, with conversation continuing. They stopped in front of another apartment building, and defendant led the victim down a gangway to the back of the building, where they descended a flight of stairs into the basement stairwell, which was lighted by a dim bulb and by a light in the alley.

There, defendant forced the victim alternately to perform fellatio and to engage in vaginal intercourse with him. The victim looked at defendant as much as she could to gain a solid impression of him, and she continued to engage the defendant in conversation. Eventually, defendant fled the scene, leaving the victim in the stairwell.

After waiting a few minutes, the victim left the stairwell and cautiously returned to her apartment building. She went to a neighbor’s apartment, from where she called police. When police arrived, she led them to the stairwell where the rape had occurred. She also described her assailant for police as a white male, 20 to 25 years old, about 5 feet 9 inches tall, weighing 145 to 160 pounds, “clean-cut” with blond hair and a moustache. She also described his clothing, noting in particular his blue underwear and white Puma tennis shoes.

Two years passed without an arrest. However, on May 17, 1990, as the victim was walking along a street near her home, a man approached her and asked her what time it was. She looked up and immediately recognized defendant. She walked away, keeping her eye on defendant. She went to a pay phone and called her boyfriend, who told her to call police. While she waited for police to arrive she watched defendant, who stayed in the area by a bus stop, continuing to ask women the time. The police arrived and arrested defendant.

The State also presented stipulated testimony from the investigating and arresting police officers, as well as from the victim’s neighbor, which corroborated the time-frame and descriptive details testified to by the victim.

Defendant presented an alibi defense. According to his mother, defendant was with her at the time of the crime. On that day, Mrs. Campbell was looking at cars in Arlington Heights, Illinois, an hour to an hour and a half in distance from the crime scene. Although the car dealership closed at around 6 p.m., Mrs. Campbell stated that she and defendant went to dinner on the way home. Defendant lives with his mother just a few blocks from where the rape occurred. Thus, it was not possible for defendant to be on Briar Street at the time of the crime. Moreover, according to Mrs. Campbell, defendant never wore underwear. She bought all of his clothes, and he never owned a pair of white tennis shoes.

Peter Pane, a salesman at the Ford dealership in Arlington Heights, corroborated Mrs. Campbell’s testimony up to the time when the dealership closed. In addition, contrary to the victim, Pane recalled defendant’s appearance to be “hippyish” rather than “clean-cut.”

The trial court found defendant guilty and sentenced him to a 12-year prison term.

Defendant asserts that because his identification by the victim was unreliable and because the State failed to refute his alibi defense it did not prove him guilty beyond a reasonable doubt. Defendant urges this court to apply the five-factor analysis established by the United States Supreme Court in Neil v. Biggers (1972), 409 U.S. 188, 34 L. Ed. 2d 401, 93 S. Ct. 375, and Manson v. Brathwaite (1977), 432 U.S. 98, 53 L. Ed. 2d 140, 97 S. Ct. 2243, and adopted by the Illinois Supreme Court in People v. Cohoon (1990), 104 Ill. 2d 295, 300, 472 N.E.2d 403, to determine the reliability of the victim’s testimony in this case.

Defendant’s reliance on these cases is misplaced because the principle for which they stand is inapposite here. Indeed, they stand solely for the proposition that in the face of overly suggestive pretrial identification procedures employed by police, any in-court identification by a witness, in order to be admissible, must possess certain indicia — the five factors — of reliability independent of the tainted pretrial procedures. (Manson, 432 U.S. at 112-13, 53 L. Ed. 2d at 152-53, 97 S. Ct. at 2251-52; Cohoon, 104 Ill. 2d at 298-301.) Reliability of a witness’ identification testimony, once properly admitted into evidence, is not in any way the concern of Manson and its progeny.

In this case, there were no pretrial identification procedures at all, let alone any that would call into question the admissibility of the victim's identification testimony. The victim saw defendant on the street on May 17, 1990. She called police, who came and arrested him. Under these circumstances, the victim’s identification of defendant is simply evidence to be weighed, like any other, by the trier of fact. (People v. Slim (1989), 127 Ill. 2d 302, 307, 537 N.E.2d 317.) That the trial judge believed the victim instead of defendant’s witnesses is irrelevant. A trial judge is not required to believe even unrefuted alibi testimony. Slim, 127 Ill. 2d at 315; People v. Berland (1978), 74 Ill. 2d 286, 307, 385 N.E.2d 649, cert. denied sub nom. Wolf v. Illinois (1979), 444 U.S. 833, 62 L. Ed. 2d 42, 100 S. Ct. 63.

Therefore, the only question in this case is whether the State proved defendant guilty of the crimes charged beyond a reasonable doubt.

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Bluebook (online)
625 N.E.2d 130, 252 Ill. App. 3d 624, 192 Ill. Dec. 170, 1993 Ill. App. LEXIS 1290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campbell-illappct-1993.