People v. Denny

608 N.E.2d 1313, 241 Ill. App. 3d 345, 181 Ill. Dec. 839, 1993 Ill. App. LEXIS 228
CourtAppellate Court of Illinois
DecidedFebruary 25, 1993
Docket4-91-0872
StatusPublished
Cited by55 cases

This text of 608 N.E.2d 1313 (People v. Denny) 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. Denny, 608 N.E.2d 1313, 241 Ill. App. 3d 345, 181 Ill. Dec. 839, 1993 Ill. App. LEXIS 228 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In October 1990, a jury convicted defendant, Dale Denny, of one count of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(a)(2)) and one count of home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 11(a)). The trial court sentenced him in absentia to consecutive prison terms of 12 years for aggravated criminal sexual assault and 8 years for home invasion. Defendant appeals, arguing that (1) the State failed to prove him guilty beyond a reasonable doubt, (2) the trial court erred by admitting evidence of his prior bad acts, (3) the trial court erred in allowing police officers to testify in detail about out-of-court statements made by the victim, and (4) the trial court erred by precluding him from presenting evidence regarding the circumstances behind the victim’s prior conviction for disorderly conduct based on her making a false police report.

We agree with defendant’s second argument and reverse and remand for a new trial.

I. Facts

At trial, the victim, B.H., and defendant presented rather different accounts of the events at issue. B.H. testified that she had dated defendant from 1981 to 1989, living with him for at least four of those years. In May 1989, while they were living in a house in Lincoln, Illinois — which would become the scene of the crime — they broke up and defendant moved away. B.H., then 29 years old, continued living there with her 11-year-old daughter, Jamie, and two other adults, Roger Skelton and Dawn Campbell (now Skelton). In September 1989, B.H. stopped dating defendant and started dating another man, David Horrom. However, B.H. continued to see defendant on an occasional basis after September 1989, having sexual relations with defendant “a couple of times,” the last time occurring in late May 1990 at her house.

B.H. worked as a fry cook at Al’s Main Event (hereafter Al’s), a local bar in Lincoln. During the time she dated Horrom, B.H. saw defendant at Al’s “almost everyday when I was working.”

On Saturday, June 2, 1990, B.H. worked at Al’s from 3 to 11 p.m. At about 10 p.m., she saw defendant drinking, spoke to him briefly, and resumed her work. After work, she went out to the bar, and defendant bought her a beer. Because defendant started talking in a loud, drunken voice, B.H. went to another room in the bar, but he followed her around the bar, eventually asking her where she would go after she left Al’s. She told him she would either go to another bar, Madigan’s, or home, but she did not specify which.

B.H. left with a friend and went to Madigan’s around 11:30 p.m. Defendant showed up at Madigan’s, got into an argument with B.H. and another patron about a pool game, and became belligerent. B.H.’s testimony becomes somewhat uncertain at this point. She testified that she then left Madigan’s, but defendant followed her out, grabbed her, and pinned her against a building, holding her throat. She ripped his shirt as she struggled loose, reentered the bar, and went into the bathroom. After she came back out, she tried to avoid defendant, but he followed her to a table and again grabbed her and pinned her against the wall. The tavern owner and bouncer separated them and told them to leave. They left separately.

When B.H. arrived at her house, she saw defendant standing on a nearby corner. He shouted at her to stop and talk to him, but she instead turned her car around and went to a friend’s house. The friend had previously offered to put her up for the night, but she had not returned home by the time B.H. arrived at her house. B.H. nonetheless entered through a window and slept there for about an hour. Around 2:30 a.m., she awoke before her friend had returned and then drove home.

When she arrived, she searched her residence — her common practice. Although she testified that defendant never had a key to her house, including during the six years they lived together, she explained that she thought defendant might have entered through a window. However, she found nothing out of the ordinary.

As she prepared to go to bed, defendant suddenly emerged from a closet, brandishing one of B.H.’s large kitchen knives. B.H. screamed as he grabbed and kissed her, and they fell on the bed. He continued to kiss her violently, biting her lip. He then ordered her to stand up and undress, and told her that she “was going to fuck him.” She took her clothes off and got back on the bed. As he held the knife in his hand, he proceeded to have sex with her.

After he finished, he got up, lit a cigarette, and inserted it into her vagina. He told her that “nobody else was going to have” her and that he “was going to kill” her. She told him she would have sex with him if he would stop acting as he did. She tried to pull the cigarette out, but it broke off inside her, and defendant stopped her from recovering the broken part. However, she did manage to remove the rest of the cigarette shortly thereafter. Defendant then sat on her chest and forced her to perform oral sex on him. After that, he again engaged in vaginal intercourse with her, this time ejaculating inside her. On cross-examination, however, she stated that he performed vaginal sex first, forced her to perform oral sex, then stuck the cigarette inside her, and then performed a second act of vaginal intercourse.

B.H. testified on direct examination that after defendant finished having sex with her the second time, he lay next to her and gently poked the knife point into her chest, telling her that nobody else could have her. He then gritted his teeth and repeatedly told her that he had to kill her so that nobody else would have her. However, he did not attempt to carry out this threat.

They lay there together until about 5:30 a.m., when B.H. fell asleep. About 7:30 a.m., B.H.’s boss at Al’s came to her residence because she was late for work. B.H. then told her boss that she had had some trouble with defendant the previous night, but did not provide any particulars about defendant’s conduct. Instead, B.H. got dressed for work as her boss waited. Defendant briefly awoke as she dressed, but they said nothing to each other, and he fell back asleep.

At work, B.H. told three people of the previous night’s events in varying degrees of detail. She told her boss that defendant had jumped out of her closet with a knife, but did not tell him much else. She told two female employees that defendant had jumped out of the closet with a knife, that he probably wanted to kill her, and that he had burnt her vagina with a cigarette; but she said nothing about defendant’s having sex with her or raping her. One of these employees encouraged her to phone the police, but B.H. did not.

After work, around 1:30 p.m., she returned home to find defendant working in her garage on a headboard for her waterbed. She approached him and said, “You don’t treat a dog like you treated me.” He responded that “nobody else was going to have” her.

That evening she went to her mother’s house and told her what had happened the night before. They then both went to a hospital emergency room because B.H. felt discomfort in her vagina. Two registered nurses, Julia Wilham and Judy Worth, examined her, and B.H.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 1313, 241 Ill. App. 3d 345, 181 Ill. Dec. 839, 1993 Ill. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-denny-illappct-1993.