People v. Coleman

584 N.E.2d 330, 222 Ill. App. 3d 614, 165 Ill. Dec. 151, 1991 Ill. App. LEXIS 1989
Appellate Court of Illinois·Decided November 27, 1991·No. 1-88-3514·Published·Cited by 16 cases

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendants, Daniel Coleman and Anthony Mason, were charged by indictment with six counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 14), one count of aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4), three counts of aggravated kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 2), two counts of kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 1), and one count of unlawful restraint (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 3). Defendant Coleman received a jury trial. Defendant Mason was tried simultaneously by the court. Both defendants were found guilty of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 14) and sentenced to 20 years in the Illinois Department of Corrections.

The following issues are before this court for review: (1) whether defendant Coleman should be granted a new trial because the State forced him to be tried by a jury; (2) whether the People proved beyond a reasonable doubt that defendant Mason was accountable for defendant Coleman’s actions; (3) whether the cumulative effect of errors at trial prejudiced defendants so as to require that they be granted a new trial; (4) whether comments made by the prosecutor during closing argument constitute reversible error; and (5) whether the trial court abused its discretion by sentencing defendants to 20 years’ incarceration.

We affirm in part and reverse in part and remand.

Background

On Friday, October 17, 1986, at approximately midnight, Anthony Mason, Daniel Coleman, and three of their friends went to the Famous Lounge, a bar located in Chicago, to celebrate Mason’s birthday. Coleman met Y.R, the complainant, at the bar. The couple danced several times during the evening. The bar closed at approximately 3 a.m. At that time, Coleman invited Y.R. to breakfast.

As the couple left the bar, Coleman introduced Y.R. to Mason, Loretta Buckner, and Joe and Ed Bruce. Mason, Y.R., Coleman, and Coleman’s friends all got into the car. Coleman then drove Loretta Buckner and Joe and Ed Bruce to their respective destinations. Mason and Y.R. remained in the car. Coleman then stated that he had to drive Mason to 47th Street. However, Coleman instead drove to the Museum of Science and Industry (hereinafter Museum) at East 56th Street.

Complainant testified that after arriving at the Museum, Coleman ordered her to have sexual intercourse with both him and Mason. She stated that she refused to have intercourse with defendants and that she told Coleman she would “get out and walk.” Complainant further testified that she attempted to get out of the car and that Coleman “grabbed” the back of her head in order to prevent her from leaving the car. The witness then stated that both defendants beat her and that Mason held her feet while Coleman pulled off her necklace, attempted to choke her, and separated her ear lobes into two parts by ripping her earrings from her pierced ears. She further testified that defendants removed her from the seat of the car and locked her in the trunk of the car. Complainant also told the court that she injured her hand in the process of attempting to prevent defendants from locking her in the trunk.

Complainant then testified that defendants drove the car to the rear of the Museum and let her out of the trunk near the lagoon. She stated that after she got out of the trunk, Coleman ripped her blouse and suggested to Mason that they “shoot” her. Thereafter, Coleman pushed her down on the ground, unfastened his pants, and forced his penis into her mouth while Mason pushed a metal object against the back of her head. The witness stated that defendants then threw her into the lagoon, after they heard someone coming, and she later crawled onto the embankment and was assisted by a police officer.

Mr. Geffrey Gibbons testified that he saw defendants attack complainant. Gibbons told the court that he parked his car in the Museum parking lot at approximately 4:30 a.m. on October 17, 1986. At that time, he saw two men leaning on the trunk of a car and the trunk was moving up and down as if someone were trying to get out. Gibbons further testified that he reported the incident to the police and they arrived shortly thereafter.

After being interviewed by police, Gibbons overheard that a weapon was involved in the assault. He went back to the Museum at daybreak and recovered a caulking gun wrapped in a towel near the lagoon. He then gave the caulking gun to the police. Complainant was unable to identify the caulking gun as the object that defendant Coleman pressed against the back of her head. However, the court admitted the caulking gun into evidence over the objection of the defense. The trial court held that the caulking gun was offered as corroborative evidence of complainant’s statement.

After the assault, Y.R. was taken to the Bernard Mitchell Hospital of the University of Chicago Medical Center. She was examined and treated by Dr. Sari Hart. Dr. Hart observed that Y.R. was covered with leaves, dirt, and gravel, and that her clothing had been partially removed. Dr. Hart also discovered that she had numerous abrasions on her face, neck, chest, knees, hands, right buttock, and right thigh. In addition, her right hand was swollen. Dr. Hart asked Y.R. what happened to her, and Dr. Hart later testified that complainant responded in the following manner:

“She said that she had been at a party, that she had been leaving the party and was offered a ride home by some people at the party that she had gotten in the car, they had dropped some of the people off at home. She said that after they dropped other people at home they stopped behind the Museum of Science and Industry, that there were two men still in the car, that they had assaulted her, hit her with fists and open hands, slapped her, that they had then put her in the trunk of the car and driven to an unknown — to her an unknown place, taken her out of the trunk of the car, thrown her into a lagoon, continued to beat her up, punched her, kicked her, threw her on the ground. She said one of the assailants had forced his penis into her mouth but that the person who did that did not ejaculate in her mouth and that she had been in the water struggling with this person who had put his penis in her mouth, that the other person assailant then left. She was still struggling with the one man when the police came upon them.”

Dr. Hart further testified that the physicians in the emergency room at Bernard Mitchell Hospital routinely ask patients to describe the manner in which they were injured. A patient’s explanation enables the attending physician to determine which injuries to look for during a physical examination and which latent injuries the patient should be tested for.

After being treated at the hospital, Y.R. was taken to the police station where she was photographed and interviewed. She moved out of town approximately one month after the assault. She had no additional contact with the Chicago police department or the office of the State’s Attorney until she was summoned to appear in court.

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People v. Coleman, 584 N.E.2d 330, 222 Ill. App. 3d 614, 165 Ill. Dec. 151, 1991 Ill. App. LEXIS 1989 (Ill. Ct. App. 1991).

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