People v. Douglas

538 N.E.2d 1335, 183 Ill. App. 3d 241
CourtAppellate Court of Illinois
DecidedJune 14, 1989
Docket4-88-0482
StatusPublished
Cited by30 cases

This text of 538 N.E.2d 1335 (People v. Douglas) 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. Douglas, 538 N.E.2d 1335, 183 Ill. App. 3d 241 (Ill. Ct. App. 1989).

Opinion

JUSTICE LUND

delivered the opinion of the court:

On May 6, 1988, defendant Richard W. Douglas, Jr., was found guilty by a jury sitting in the circuit court of Adams County of committing two counts of the offense of aggravated criminal sexual assault and one count of unlawful restraint, in violation of sections 12— 14 and 10 — 3, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, pars. 12 — 14, 10 — 3). He was subsequently sentenced to 15 years’ imprisonment on each sexual assault conviction, and three years’ imprisonment on the unlawful restraint conviction, with said sentences to run concurrently. Defendant now appeals alleging numerous errors.

The trial commenced on May 3, 1988, with the testimony of Sharon Tedrow, who is employed as a supervisor of the dispatchers for the Quincy police department. On October 22, 1987, at approximately 8:35 a.m., the department received a telephone call from K.H. This conversation was automatically recorded and played for the jury.

The transcript establishes K.H. was distraught and frightened for her life. She stated she had been raped, and named the defendant as the perpetrator. She further stated she had been confined for 18 hours against her will; defendant had her car keys; defendant had a gun; and she had locked defendant out of the apartment and was frightened he would return. Tedrow kept K.H. on the telephone until the police arrived at K.H.’s location.

K.H., the victim, testified she is 27 years old and resides in Springfield. On October 21, she traveled to Quincy, where she met her friend, Teresa Dodd, and they visited another friend at the hospital. After leaving the hospital, they went to various bars, starting at 5:30 p.m., before arriving at the Casino Starlight Terrace at approximately 11:30 p.m. with another friend. K.H. had been drinking throughout the night and had consumed approximately six drinks of tequila and lime juice. She stayed at the Casino until closing time at 2:30 a.m. About 6 p.m., she had, unbeknownst to Dodd, injected some cocaine intravenously. This has the same effect as drinking 10 to 12 cups of coffee and lasts about two hours. By 2:30 a.m., she was feeling the effect of the alcohol, but she was not drunk.

Shortly after they arrived at the Casino, she met defendant. She knew him from attending grade school, with him in Quincy. At the time, K.H. and Dodd were seated next to the dance floor, and he came up to them. He spent some time at their table, and they all danced together. At closing time, he asked K.H. for a ride home and she agreed. K.H. got her car keys from Dodd and told Dodd she would be right back.

K.H. and defendant left and, since there were police outside and she had been drinking, she asked defendant to drive. Defendant then began driving around for quite awhile. K.H. asked to drive, but defendant would not let her. Eventually, he pulled over on a dirt road and stopped. She started to open the door to get out, but he grabbed her left arm and leaned across her closing the door. He then pushed her car seat down, climbing on top of her and twisting her left hand behind her head while she struggled. He pulled her skirt up and her panties and pantyhose off. While she struggled, he told her, “I could kill you right now and throw you off the bridge and no one would ever find your body.” He repeated this several times, and she believed him. At one point, she tried to frighten him off by saying she had genital herpes, and he told her he had AIDS. He then had forcible intercourse with her.

Afterwards, he climbed back into his seat and continued driving. He went to a car window pay phone and made a call, stating he had to call his cousin. K.H. tried again to exit the car, but defendant held her arm. They then went to some apartments. When defendant exited the car, K.H. attempted to lock the doors, but he was able to get them unlocked, and he dragged her out of the car. K.H. was screaming while she was in the car but, once he opened the door, he grabbed her by the throat, and she was unable to continue doing so. He took her to an apartment which contained a lady and a little girl. K.H. was struggling and attempted to ask for help, but defendant forced her down the hall into the bedroom.

Once inside the bedroom, he pushed her on the bed and held her by her throat and arm to keep her quiet. Later, after it became light out, she heard the apartment occupants get up and leave. Defendant then forcibly had sexual intercourse with her. Again, he made threats to her. They then went to get a drink of water. She saw her car keys on the counter and took them without him seeing her. She then ran to the apartment door and fled outside screaming for help and asking someone to call the police. Defendant caught up with her from behind, grabbed her by the throat, cutting off her screams, and dragged her back into the apartment.

He put her in a chair and started looking for the car keys. At that point, there was a knock on the door, and defendant, looking through the peephole, noticed it was the police. K.H. did not scream because she did not wish to agitate defendant, and she was not sure if the police would break the door down. Eventually, since they did not answer, the police left.

She then told defendant the police would not leave because her car was outside, and there was a warrant for her arrest. There was no outstanding arrest warrant, but she hoped he would go outside. He recommenced looking for the keys and called the lady from the apartment on the phone looking for them. She pretended to find the keys and gave them to defendant. When he went outside, she locked the door and called the police. Once the police were on the line, she lost all control and is not even sure what she said. The police then arrived back at the apartment.

At the hospital, she had them examine her left wrist because she believed her arm was broken. She also had her throat examined. Her throat hurt for over one week, and she had trouble talking and swallowing. She had bruises on her throat, chest, upper arm, and wrist.

Since the assault, K.H.’s life has been adversely affected. She weighed 148 pounds before the attack and, in February, was below 110. She and her husband no longer go to movies if they contain any violence. She also cannot go into a convenience store if a black person is there. She had never been afraid of black people before and, in fact, had black friends. She quit her job and is in counseling. Immediately afterwards, she developed a cleaning obsession since she always felt dirty. She shaved all the hair off her body except her head hair. She cannot sleep without medication, and her marriage is in difficulty.

Teresa Dodd, K.H.’s friend, testified next. She was with K.H. the entire evening. Dodd drove to the Casino in K.H.'s car because K.H. had been drinking and she was not. K.H. was not drunk but had begun feeling the effect of the drinks. Defendant came up to their table at the Casino and began speaking to them. At closing time, she heard him ask K.H. for a ride home. When she gave the keys to K.H., she asked how long she would be gone. K.H. told her it would be about five minutes and asked if she wished to go along. Dodd declined. She never saw K.H. flirt or encourage defendant.

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Bluebook (online)
538 N.E.2d 1335, 183 Ill. App. 3d 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-douglas-illappct-1989.