People v. Contreras

615 N.E.2d 1261, 246 Ill. App. 3d 502, 186 Ill. Dec. 204, 1993 Ill. App. LEXIS 951
Appellate Court of Illinois·Decided June 28, 1993·No. 2-91-1135·Published·Cited by 29 cases

Opinion

JUSTICE QUETSCH

delivered the opinion of the court;

After a jury trial, defendant, Manuel V. Contreras, was convicted of two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 14(a)(5)), and one count each of aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(10)), home invasion (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 11(a)), residential burglary (Ill. Rev. Stat. 1991, ch. 38, par. 19 — 3(a)) and robbery (Ill. Rev. Stat. 1991, ch. 38, par. 18 — 1(a)). The trial court sentenced him to 120 years’ imprisonment. Defendant raises two issues on appeal. First, defendant contends he should be granted a new trial because the statistical analysis of the State’s serology expert was flawed. Second, defendant argues he should be granted a new trial because the trial court improperly admitted evidence of other crimes which caused substantial prejudice to defendant’s case. We affirm.

Defendant was initially charged by a 15-count indictment alleging multiple counts of aggravated criminal sexual assault, home invasion, residential burglary, aggravated battery and robbery. Seven counts arose from an incident involving complainants, E.A. and H.A., occurring on July 3, 1988. The remaining eight counts involved another incident, again involving complainants, E.A. and H.A., occurring on July 20,1988.

Prior to trial, defendant filed a motion to sever for purposes of trial the charges arising out of the July 3, 1988, incident from those arising out of the July 20, 1988, incident. The trial court granted defendant’s motion to sever. The State elected to try the charges arising out of the July 3, 1988, incident first. The trial court granted the State’s request to present evidence involving the incident on July 20, 1988, for the purpose of identification of defendant, provided the State lay a proper foundation.

Defendant also filed a motion in limine to bar all prosecution testimony relating to statistical probabilities generated by Analytical Genetic Testing Center (AGTC) personnel arguing the statistical probability calculations generated by AGTC personnel were irrelevant and highly prejudicial to defendant. The trial court denied the motion subject to the State laying the proper foundation for the admission of the statistical evidence.

Immediately prior to trial, defendant requested the State make an offer of proof regarding the evidence it proposed to present arising out of the July 20, 1988, incident. The State responded that it intended to present evidence of “other crimes” for the limited purpose of identifying defendant as the perpetrator of the July 3, 1988, offenses. The State noted that the two incidents were almost identical except for the point of entry into the home of the complainants. On July 3, 1988, the perpetrator entered through a side window. On July 20,1988, the perpetrator entered through the front door of the house.

In addition, the State claimed E.A. would testify that during the July 20, 1988, incident defendant berated her for calling the police after the July 3, 1988, incident, establishing defendant committed both offenses. The State also claimed that both E.A. and H.A. would testify that they recognized the voice of the offender on July 20, 1988, as the same voice they heard during the attack on July 3,1988.

Also, the State claimed it would present forensic testimony that the semen stain on E.A.’s bed sheets from July 20, 1988, had the same rare genetic variant as did the semen stain found on E.A.’s sheets after the July 3, 1988, attack. In addition, a hair was collected from the vaginal vault of E.A. during the course of medical treatment after the July 20, 1988, attack. That hair was compared to defendant’s pubic hair standards and found to be microscopically similar. Lastly, the State claimed defendant’s former sister-in-law, Diane Contreras, would testify that defendant asked her to provide him with an alibi for July 20,1988.

The trial court found, considering all the evidence together, it was permissible to present evidence from the other offense for the limited purpose of identification only. The cause proceeded to trial. The testimony was as follows.

Both E.A. and H.A. testified they were married and resided in a home in Downers Grove, Illinois. At the time of the offenses, E.A. was 74 years old and H.A. was in his eighties. On the night of July 2, 1988, E.A. slept in a bedroom, and H.A. slept on a couch in the living room. Sometime during the early morning hours, E.A. was awakened by a noise and discovered defendant in the house. H.A. awakened shortly thereafter by the sound of voices coming from the bedroom. As he entered the bedroom, he was grabbed by defendant and thrown to the floor.

Defendant told the complainants to take off their clothes and they complied. Defendant then told H.A. to get into the bed and face the wall. While E.A.’s husband lay next to her in bed, defendant raped E.A. and had her perform oral sex. After she started choking, he removed his penis from her mouth. Neither E.A. nor H.A. got a good look at defendant because most of the time he held a pillow over E.A.’s face and, but for a fleeting moment, did not give H.A. the opportunity to view. him. Defendant told them if they called the police he would kill them. H.A. stated that although defendant spoke English, he had a Mexican accent. Before defendant left; he demanded money. He took approximately $1,000 from E.A.’s pocketbook. Complainants called the police and were eventually taken to the hospital.

Complainants did not return to their home for a couple of weeks. Upon their return, they and their sons installed an alarm system which could be operated from the bedroom, bolted down the windows, installed an air conditioner and put a timer on an outside light.

In the early morning hours of July 20, 1988, E.A. was again asleep in the bedroom while her husband, H.A., slept in the living room when defendant kicked in their front door and entered their home. He grabbed H.A. by the throat and began strangling him. H.A. stated it was the “same guy” that entered their home on July 3, 1988. The two men began struggling. H.A. bit defendant on the finger. Defendant blackened H.A.’s eyes, knocked out his teeth and bit his finger.

Defendant went into the bedroom where E.A. had triggered the alarm and shut it off. Defendant ordered complainants to get into the bed. Again, H.A. was ordered to face the wall while defendant raped E.A. H.A. recalled defendant making the statement, “You MF’s didn’t think I would come back again.” Although E.A. could not recall much of what happened that second time, H.A. stated it was a “repeat of the first time,” except defendant did not have oral sex with E.A. Before leaving, defendant dumped the contents of E.A.’s pocketbook on the bed and took approximately $20. E.A. stated that although she did not get a good look at him, it was definitely the same man that had attacked her previously. Again, after calling the police, the complainants went to the hospital. At trial, H.A. stated he and his wife had lived in that house for 53 years, but because they did not want to go through that again, they sold the house and now live in a secured apartment.

Good Samaritan Hospital emergency room nurse Frannie Whitlock testified that she assisted Dr. John Dymowski in attending E.A. when E.A.

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People v. Contreras, 615 N.E.2d 1261, 246 Ill. App. 3d 502, 186 Ill. Dec. 204, 1993 Ill. App. LEXIS 951 (Ill. Ct. App. 1993).

615 N.E.2d 1261 (People v. Contreras) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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