People v. Carini

626 N.E.2d 297, 254 Ill. App. 3d 1, 193 Ill. Dec. 264, 1993 Ill. App. LEXIS 1942
CourtAppellate Court of Illinois
DecidedDecember 29, 1993
Docket2-92-0683
StatusPublished
Cited by5 cases

This text of 626 N.E.2d 297 (People v. Carini) 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. Carini, 626 N.E.2d 297, 254 Ill. App. 3d 1, 193 Ill. Dec. 264, 1993 Ill. App. LEXIS 1942 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

After a bench trial, defendant, William E. Carini, was convicted of three counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12-14(a)(1) (now 720 ILCS 5/12-14(a)(1) (West 1992))). The trial court sentenced defendant to 20 years’ imprisonment on count I and imposed six-year terms of imprisonment on counts II and III to run concurrently with one another, but to run consecutively to count I. On appeal, defendant claims that (1) the State failed to prove beyond a reasonable doubt that he was the individual who committed the offenses, and (2) he is entitled to a new trial because the State failed to disclose a suspect list compiled by the police containing the names of persons who fit the description the victim gave of her attacker.

The charges in this case stem from an attack that occurred in the early morning hours of June 3, 1991. Illinois State Police Officer James Gentilcore testified that he was directed to proceed to Valparaiso, Indiana, to investigate a sexual assault that allegedly occurred on Interstate Highway 94 near the Grand Avenue exit. Gentilcore arrived at the complainant’s residence in Valparaiso and obtained a description of the attacker from her. Complainant described her attacker as a white male in his late twenties to early thirties who weighed approximately 175 to 180 pounds, was 5 feet 7 inches tall, had “dark fuzzy cut hair,” was clean shaven, and had a one-quarter-inch scar above his right lip.

Gentilcore submitted this description to an analyst who gave Gentilcore a computerized list of potential suspects. This list contained names of individuals who lived in the general area of the site of the attack and matched the description provided by complainant. The list contained more than 100 names.

Gentilcore testified that he selected defendant’s name from the list because defendant was the only person whose name appeared on the list who resided near the site of the attack. Gentilcore explained that all of the other potential suspects listed resided in counties farther south or west of the attack site. Gentilcore obtained a photograph of defendant from the Wheeling, Illinois, police department and returned to Valparaiso on July 17,1991.

Gentilcore met complainant at the automobile dealership where she was employed. Gentilcore and complainant entered an office and sat down at a desk. Gentilcore told her that he had six photographs of individuals who may or may not have been her attacker. Gentilcore testified that the men in the black and white photographs had characteristics similar to those of the attacker as described by complainant. Gentilcore included the picture of defendant that he obtained from the Wheeling police department in the six-photograph lineup.

Gentilcore testified that complainant looked at the photographs for about four to five minutes and tentatively identified defendant as her attacker. She told Gentilcore that the hair was exact and the chin was perfect, but she did not like the angle of the chin in the photograph. Gentilcore asked her if she would like to view a color photograph of any individual in the lineup. Complainant asked to see a color photograph only of defendant. She looked at the color photograph and tentatively identified defendant as her attacker. Complainant informed Gentilcore, however, that she could not be absolutely certain of this from viewing defendant only from the angle depicted in the photograph.

Gentilcore further testified that he visited defendant at his home on September 4, 1991. He noticed that defendant had a very light moustache and a scar above his left lip that was approximately one-quarter-inch long. Gentilcore testified that after this visit he telephoned complainant and asked her if she was sure about the scar. She responded affirmatively and stated that the scar was on the right side of the assailant’s face. Gentilcore asked complainant if the scar was on the assailant’s right side or her right side as she looked at him. According to Gentilcore, she responded by saying, “ Tm sorry. I should have told you before. It was his right side as you looked at him or his left side.’ ”

Gentilcore also testified that he asked complainant to come to the police station to view an in-person lineup. Complainant came to the station on October 17, 1991, and Gentilcore told her that each individual in the lineup may or may not be the person who attacked her. The six lineup participants entered the viewing room in a single-file line. Gentilcore testified that, when defendant entered the viewing room, complainant started to back away from the viewing window. She appeared emotionally upset and kept looking at defendant.

After about 10 to 15 minutes, Gentilcore walked over to complainant and attempted to comfort her. He asked her if she could identify an individual and told her that it was okay if she could not. Complainant identified defendant. Gentilcore could not recall if any of the lineup participants was asked to speak. Gentilcore made an in-court identification of defendant as the person complainant selected from the photographic and in-person lineups.

On cross-examination, Gentilcore testified that complainant did not appear to be under the influence of alcohol when he first spoke to her on June 3. Complainant did inform Gentilcore, however, that she had been drinking at a relative’s home on the day of the attack. Gentilcore also testified that he did not possess any photographs of defendant without a moustache and that defendant had a moustache on the date of the in-person lineup. He also admitted that each of the six men shown to complainant in the photographic lineup had a moustache. Gentilcore also noted that the person depicted in a computer sketch based on complainant’s description was clean-shaven.

After viewing defendant from the witness stand, Gentilcore testified that defendant has a scar on his forehead between his eyes, a scar on his left cheek bone, a scar running from his mouth down along his left cheek, and a scar running through his right eyebrow. Gentilcore admitted that complainant did not make a positive identification of defendant after viewing the color photograph of defendant. Gentilcore conceded that complainant may have looked at the people in the in-person lineup for 19 to 20 minutes before saying anything and that each individual in the lineup was asked to step forward and say “do what I tell you or I will kill you.”

Complainant testified that, on June 2, 1991, she was visiting her brother who lived near Milwaukee, Wisconsin. That day she attended a family picnic. She left the family gathering between 11 p.m. and 12 a.m. and went to her brother’s home. She left her brother’s home at about 1:30 a.m. on June 3 and began driving to her home in Valparaiso, Indiana. Complainant testified that she drove a car owned by the dealership where she worked and that two other people from the dealership used the car before she received it. Her roommate also drove the car occasionally.

Complainant was driving southbound on Interstate 94 when she became tired and decided to stop driving. She pulled onto the shoulder of the highway somewhere near the Grand Avenue exit. She could not remember for certain what time this was but thought it was about 3 or 3:30 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
626 N.E.2d 297, 254 Ill. App. 3d 1, 193 Ill. Dec. 264, 1993 Ill. App. LEXIS 1942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carini-illappct-1993.