People v. Cox

557 N.E.2d 288, 197 Ill. App. 3d 1028, 145 Ill. Dec. 518, 1990 Ill. App. LEXIS 624
Appellate Court of Illinois·Decided May 4, 1990·No. 1-87-0646·Published·Cited by 22 cases

Opinion

JUSTICE GORDON *

delivered the opinion of the court:

Following a jury trial, defendant Andrew Cox was found guilty of aggravated criminal sexual assault and robbery (Ill. Rev. Stat. 1987, ch. 38, pars. 12 — 14(a)(4), 18 — 1, respectively), and was sentenced to 25 years’ imprisonment for aggravated criminal sexual assault and six years’ imprisonment for robbery. On appeal, defendant contends that: (1) the trial court improperly allowed the State’s expert witness to testify about the validity of complainant’s allegations; (2) the State failed to prove him guilty beyond a reasonable doubt of aggravated criminal sexual assault and robbery; (3) the trial court improperly instructed the jury on the issue of aggravated criminal sexual assault; (4) the prosecutor’s prejudicial remarks during closing arguments deprived him of a fair trial; (5) the trial court improperly considered the victim’s impact statement at the sentencing hearing; and (6) the trial court improperly sentenced him to an excessive term of imprisonment. For the reasons hereinafter set forth, we affirm.

During the trial several witnesses testified on behalf of the State. Complainant testified that on August 17, 1985, at 12 a.m., her mother, Every, and Every’s boyfriend, Elvis, drove to a “gameroom” located on 15th and Wentworth Avenue in Chicago Heights, Illinois. Elvis and complainant went into the gameroom, leaving Every asleep in the car. Before leaving the car, however, complainant took Every’s “black clutch purse.” The purse contained $150 in cash and food stamps valued at $40.

Complainant further testified that at approximately 1:30 a.m., complainant left the gameroom and walked towards Casak, a bar located a few feet from the gameroom, to purchase a pack of cigarettes. Suddenly, defendant grabbed the back of her jacket, twisted her arm behind her back, and forced her across the street. Complainant screamed for help and struggled to escape, but defendant repeatedly struck her head and face, and threatened to kill her if she did not stop screaming.

According to complainant’s testimony, she was forced down a few streets and pushed through a hole in a park fence. Once she passed through the hole, she was no longer in defendant’s grasp, so she ran. Defendant tackled her to the ground and fell on top of her. He then turned complainant on her back, “took the purse *** threw it to the side,” and then reached into his pocket and threw a white powdery substance on her face. The white powdery substance, a narcotic known as TAC or PGP, got into her nose and burned her eyes.

While complainant was pinned down, defendant had sexual intercourse with her, heedless of her pleas to release her. Afterwards, he picked up the purse and opened it. Complainant demanded that defendant return her purse, but he threatened to kill her if she came close to him. She waited until he left the park before picking up the purse and retrieving its spilled contents.

Complainant left the park and walked down Halsted Street, looking for Every and Elvis. She could not find Every so she continued down Halsted Street. Complainant saw neither a hospital nor a police station within the vicinity. While she walked on Halsted Street for a period of time, a car driven by Andre Walker stopped by complainant, but because she was so frightened, she fled. Walker caught up with complainant and asked her if she was in some kind of trouble, and then with her consent, gave her a ride to Every's home. Every was not at home, so Walker drove complainant to her stepfather’s house. Her stepfather suggested that she report the matter to the police.

On cross-examination, complainant testified that there were streetlights on Wentworth Avenue and that there were people on the street when she was allegedly grabbed by defendant, but no one came to her aid. She stated, however, that when she left the park, she did not go directly to the bar, but walked to Halsted Street. She further stated that while on Halsted Street, she neither called the police nor saw St. James’ Hospital, which was a block away.

Officer Palcek testified that complainant arrived at the Chicago Heights police station at approximately 5 a.m. and described her assailant and the events that occurred. He said that complainant appeared disoriented, confused and had obviously been beaten. He further said he traced the route earlier taken by defendant and then drove complainant to the emergency room at St. James’ Hospital. On cross-examination, he testified that complainant did not inform him that she was in the gameroom with Elvis or that her mother was asleep in the car.

Dr. Asher, complainant’s treating physician, testified that complainant arrived at St. James’ Hospital at 6 a.m., and informed him that she had been grabbed around the neck, struck in the face and head, and raped. His external examination revealed some swelling around her right eye and neck, but X-ray results confirmed that she had no broken bones or fractures. On cross-examination, Dr. Asher testified that the X-ray results revealed that the soft tissue on complainant’s neck was normal, and, other than mild swelling, there was no evidence of traumas.

Additionally, on cross-examination, Dr. Asher said that he had treated about 100 alleged rape victims, and when asked on redirect examination how he remembered complainant, the following exchange took place:

“A. Well, just a subjective feeling, her demeanor was such that my level of suspicion, in terms of the validity of her claims, was perhaps — .
MR. MC KEIGUE [defense counsel]: Objection, your Honor, suspicions, assumptions.
MS. DOOLING [assistant State’s Attorney]: Judge, I think he brought it up when he inquired of the hundreds and he remembers this one.
THE COURT: The objection will be overruled.
MS. DOOLING: Q. What was unusual about her, Doctor, that you remember?
A. There are many people, there are many people we see with alleged sexual assault, who, indeed, subjectively don’t seem terribly upset or disturbed. And though, of course, from my point of view, I never know, in any given case, if it is a real assault or not. A person who comes in distraught, upset, certainly arouses more apparent validity for the claim than someone who comes in sort of grinning and smiling and seeming not terribly upset.”

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People v. Cox, 557 N.E.2d 288, 197 Ill. App. 3d 1028, 145 Ill. Dec. 518, 1990 Ill. App. LEXIS 624 (Ill. Ct. App. 1990).

557 N.E.2d 288 (People v. Cox) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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