People v. Ellison

411 N.E.2d 350, 89 Ill. App. 3d 1, 44 Ill. Dec. 381, 1980 Ill. App. LEXIS 3700
CourtAppellate Court of Illinois
DecidedOctober 3, 1980
Docket78-490
StatusPublished
Cited by17 cases

This text of 411 N.E.2d 350 (People v. Ellison) 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. Ellison, 411 N.E.2d 350, 89 Ill. App. 3d 1, 44 Ill. Dec. 381, 1980 Ill. App. LEXIS 3700 (Ill. Ct. App. 1980).

Opinions

Mr. JUSTICE HARRISON

delivered the opinion of the court:

Defendants appeal from judgments of the circuit court of Madison County finding them guilty of deviate sexual assault and unlawful restraint, and finding defendant Gary Ellison also guilty of rape. Defendant Ellison was sentenced to 15 years for rape, 15 years for deviate sexual assault and 3 years for unlawful restraint, with defendant Larry being sentenced to 12 years for deviate sexual assault and 3 years for unlawful restraint, all sentences to run concurrently. On appeal they contend: (1) the trial court erred in denying their motions for a new trial pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 72); (2) they were denied a fair trial by the assistant State’s Attorney’s closing argument; (3) the trial court admitted erroneous rebuttal evidence; (4) the trial court allowed improper impeachment of a defense witness; and (5) the trial court erred in refusing to allow the defense to cross-examine the prosecutrix about prior rape charges she had allegedly brought against others. For the following reasons we reverse and remand this cause for a new trial.

Defendants Gary Ellison and Ike Larry were charged by information alleging that on July 10, 1978, they abducted Ms. Vontella Perry, also known as “Peaches,” and committed the aforesaid crimes against her. Ms. Perry testified at trial that at approximately 2 a.m. on the night of July 10, 1978, she was at Big Tony’s Tropicana Lounge in East St. Louis, Illinois, where she had brought the night’s receipts to her employer from Little Richard’s Peacock Alley where she worked. She accepted a ride home from Andre Hudson, who instead took her to his grandmother’s house where he attempted to have sex with her against her will. A struggle ensued with Ms. Perry being pushed onto the bed. She identified the two defendants as being let in the house by Andre Hudson. One of them grabbed her arm and said, “Let’s go in the bedroom.” She testified that she broke loose and ran from the house.

Ms. Perry ran through a field and finally ended up at the Orr-Weathers housing project. Mr. Hudson pursued her in his car and she testified that she refused to leave with him. She stated that she fell on a walkway and was then grabbed by one of the defendants. She clung to a lightpost screaming, but was pulled from the pole and forced into a Continental automobile by defendant Ellison and told to keep her head down.

Ms. Perry further testified that Ellison forced her to engage in deviate sex and sexual intercourse against her will while defendant Larry was driving the car, and that defendants switched places, whereupon defendant Larry also committed a deviate sex act and had intercourse with her. She further stated that defendants told her they had a gun and also threatened to “bust me in the face.” The last acts allegedly occurred in a park in Alton. Upon leaving the park, the car was pulled over by the police. Ms. Perry jumped from the car yelling that she had been raped and defend- I ants had a gun. On cross-examination Ms. Perry partially recanted her ■ story and stated that defendant Larry did not have intercourse with her. I

East St. Louis police detective John Thurman testified that on the ■ night in question, he was awakened at approximately 3 a.m. by a distur- I bance at the Orr-Weathers project where he lived. He went outside his I apartment where he observed a man violently “whooping” a woman. He I stated he first believed this was a domestic quarrel, but testified that after I the woman was pulled from the lamp post she hit her head against a metal I apartment door with such force that the door was dented. After the I woman was hit and dragged around the side of the building, Detective I Thurman went inside, got his service revolver, radioed his dispatcher a I description of the two people and gave chase. He obtained a partial I license number from a car he believed to be occupied by the woman and I her assailant, but it proved incorrect. Detective Thurman identified I defendant Ellison as the man who was struggling with the woman, I although he did not identify Ms. Perry, a past acquaintance of his. I

Alton police officers William Fitzgerald and Walter Washington also I testified for the State, being the officers who arrested defendants in the I park. Officer Fitzgerald testified that after stopping the car, Ms. Perry “bailed out of the vehicle and yelled that she had been raped and that they had a gun.” She was naked, yelling and upset. The officer also testified that defendant Ellison was nude in the driver’s seat and defendant Larry was in the back seat fully clothed. Officer Washington testified likewise, adding that Ms. Perry had a bruise on her cheek and a cut on her left forearm.

Andre Hudson testified for the defense and stated that Ms. Perry asked him to buy her some drinks at the Tropicana and take her out on a date. Mr. Hudson borrowed his cousin’s Continental and as Mr. Hudson and Ms. Perry were leaving the bar, they encountered defendants. Mr. Hudson asked defendant Larry, “Would you lend me some money so I can take this girl with me?” Defendant Larry agreed and then Mr. Hudson stated, “If you all give me some money then you all can go too.” Mr. Hudson said Ms. Perry was standing next to him while he asked for the money and said they could go to his grandfather’s house. Mr. Hudson testified, “She wanted some money for me to have sex with her,” and that it was her idea.

Mr. Hudson testified that after they arrived at his grandfather’s home, Ms. Perry refused to have sex with him and in the ensuing struggle she ran from the house as the defendants stood on the front porch. He pursued her to the housing project where she was clinging to a pole and screaming. He stated he released her and chased her again. However, he then saw defendant Ellison and Ms. Perry get into Ellison’s Continental. Hudson stated that Ms. Perry was not struggling or yelling and was not forced into the vehicle.

Defendant Ellison testified in his own behalf. He stated that he had had prior sexual relations with Ms. Perry at the Lakeside Motel in May 1978 in return for $20. He stated that he knew her to be a “working girl,” “a regular whore,” and “a floozy.” He further testified that on the night of July 10, 1978, Mr. Hudson, Ms. Perry, defendant Larry and he had a conversation outside the Tropicana about sexual relations, the price and a place to engage therein. Defendant Ellison stated that after being detained by a friend, he and defendant Larry went to Hudson’s grandfather’s house. Upon arriving they heard an argument from inside. After ringing the doorbell and knocking on the door, Hudson came to the door with only his pants on and said, “Hey man, this gal is going crazy.” Ms. Perry then ran from the house.

Defendants and Hudson left in separate vehicles. Defendant Ellison testified that he witnessed Ms. Perry talking to Hudson in two different locations. Defendant Ellison then saw Ms. Perry in the Orr-Weathers housing project banging loudly on a door. He approached her and asked her to come with him and testified that she responded she had lost her money, Ellison said he told her to forget the money and come with him because she was attracting attention. He stated that without force or threats, she voluntarily got in the car with him and defendant Larry, who was driving.

Defendant Ellison said Ms. Perry wanted to go to a hotel in Center-ville but he refused. Since Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
411 N.E.2d 350, 89 Ill. App. 3d 1, 44 Ill. Dec. 381, 1980 Ill. App. LEXIS 3700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ellison-illappct-1980.