People v. Costello

586 N.E.2d 742, 224 Ill. App. 3d 500, 166 Ill. Dec. 784, 1992 Ill. App. LEXIS 27
CourtAppellate Court of Illinois
DecidedJanuary 15, 1992
Docket1-88-0505
StatusPublished
Cited by18 cases

This text of 586 N.E.2d 742 (People v. Costello) 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. Costello, 586 N.E.2d 742, 224 Ill. App. 3d 500, 166 Ill. Dec. 784, 1992 Ill. App. LEXIS 27 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendant William Costello was convicted of aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12—14) and sentenced to 15 years’ imprisonment. On appeal, defendant argues that (1) inculpatory statements made during questioning and interrogation should have been suppressed because they were given involuntarily; (2) the trial court erred when it denied his motion in arrest of judgment where the information failed to set forth all the statutory elements of aggravated criminal sexual assault; (3) the trial court erred when it prevented defense counsel from impeaching the complaining witness with a prior inconsistent statement; (4) the State failed to prove all the elements of aggravated criminal sexual assault beyond a reasonable doubt; (5) certain improper and prejudicial remarks made by the prosecutor during the rebuttal closing argument entitle him to a new trial; and (6) the sentence of 15 years’ imprisonment imposed by the trial court is excessive and should be reduced. We affirm.

In November 1985, defendant randomly dialed telephone numbers from the Chicago telephone book with the prefix 925. Mabel Geiger, a 70-year-old woman whose telephone number begins with the prefix 925, answered her telephone. Defendant identified himself as Dr. Steven Collins, and stated that he had been hired by Medicare to give Geiger a free medical examination. Geiger, believing defendant to be a doctor, scheduled an examination for herself and her mother at an undetermined date in November 1985.

On the scheduled day, defendant arrived at Geiger’s apartment and presented a badge to her with the name Dr. Steven Collins on it. Geiger admitted defendant to her home and brought him into the dining room, where her 82-year-old mother, Sarah Cox, was confined to a hospital bed. Defendant listened to Cox’s heartbeat with a stethoscope and then examined a bed sore which had developed on her buttocks. Defendant stated that the sore looked alright, took her blood pressure and completed the examination.

Defendant then told Geiger to go into an adjoining bedroom so that he could administer her medical examination. Defendant told Geiger to remove all her clothing and instructed her to lie down on the bed. Geiger complied, and told defendant that she had a growth near the entrance of her vagina that had been diagnosed by her previous doctor. Defendant knelt down at the foot of the bed and put his bare hands in Geiger’s vagina. Geiger testified that defendant had all his fingers inside her vagina and that he kept twisting and “working around in there” even after she told defendant that the growth was near the entrance of her vagina.

After completing the vaginal examination, defendant told Geiger that he wanted to examine her breasts. Geiger testified that defendant was getting rough and pinching her nipples, and asked him to stop because he was hurting her. After the breast examination, defendant told Geiger that he wanted to do another vaginal examination, and again placed his fingers inside her vagina. Upon completing the breast and vaginal examination, defendant listened to Geiger’s heart with the stethoscope and scheduled another free examination for an undetermined date in December 1985. Defendant cancelled the December 1985 appointment with Geiger, explaining that he had other sick patients to care for, but rescheduled the examination for an undetermined date in January 1986.

On the specified date in January 1986, defendant again came to Geiger’s home. At that appointment, Geiger refused to allow defendant to examine her, telling defendant that she did not want him to touch her. When defendant instructed her to get undressed, she refused. Defendant insisted that he examine her and directed her to unbutton her blouse. Geiger unwillingly agreed and removed her blouse. Defendant began to grab at her breasts. Geiger testified that defendant was breathing heavily, and insisted that defendant stop. Defendant quickly left Geiger’s apartment.

In February 1986, defendant was again randomly calling telephone numbers from the Chicago telephone book. He contacted 66-year-old Esther Aisenberg. Defendant again represented himself to be a doctor who was hired by Medicare to give free medical examinations. Defendant scheduled an appointment with Aisenberg for a free medical examination on February 24, 1986. Aisenberg, however, became suspicious and informed the police. Aisenberg agreed to cooperate with the police in their investigation and apprehension of defendant.

On February 24, 1986, defendant arrived at Aisenberg’s home to administer the examination. Chicago police officer David Leipert was hiding in the bedroom closet at the time of the attempted examination. He heard defendant identify himself as Dr. Collins, tell Aisenberg that he was there to give her a free medical examination, and instruct her to take off all her clothes. At this point, Officer Leipert emerged from the closet, and defendant responded, “I’m no doctor, I’m not a doctor.” Defendant was placed under arrest and was transported to the 24th District police station for processing.

The following day, Assistant Public Defender Woodward Jordan was appointed by the court to represent defendant. Jordan conferred with defendant, advised him of his constitutional rights, and informed him of the difference between a felony and a misdemeanor. Assistant State’s Attorney Richard Mottweiler, who worked in the felony review unit of the Cook County State’s Attorney’s office, was assigned to the case. Mottweiler, after informing defendant of his Miranda rights, interviewed defendant in the presence of Jordan and Chicago police detective James Spencer. Defendant stated to Mottweiler that he understood his rights and wished to speak with him. Defendant proceeded to make inculpatory statements to Detective Spencer and Mottweiler. Jordan was present during the entire conversation with defendant.

Defense counsel made a motion to suppress defendant’s inculpatory statements given to Detective Spencer and Mottweiler. At the motion to suppress hearing, defendant testified that he was not informed of his Miranda rights by Detective Spencer and that he was told by Detective Spencer that if he did not cooperate with him that he would be charged with a Class X felony. While defendant admits that Mottweiler informed him of his Miranda rights, he testified that Mottweiler was speaking to him in a very intimidating manner.

Jordan testified that he informed defendant of his Miranda rights, and specifically told defendant that he should not say anything to any police officer or State’s Attorney. Jordan also testified that Mottweiler told defendant at least twice that he had the right to remain silent. Jordan stated that Mottweiler spoke to defendant in a serious but lawyerly tone and that Mottweiler did not say anything to defendant in a threatening manner. Finally, Jordan testified that Mottweiler told defendant that if he did not talk or cooperate with him the State was going to increase the charge to a felony.

The trial court ruled that after evaluating the totality of the circumstances, in view of the fact that defendant was represented by counsel and that counsel was present during all questioning and interrogation, defendant made the inculpatory statements to Detective Spencer and Mottweiler voluntarily and denied the motion.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 742, 224 Ill. App. 3d 500, 166 Ill. Dec. 784, 1992 Ill. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-costello-illappct-1992.