People v. Gagliani

569 N.E.2d 534, 210 Ill. App. 3d 617, 155 Ill. Dec. 353, 1991 Ill. App. LEXIS 348
CourtAppellate Court of Illinois
DecidedMarch 12, 1991
Docket2-89-0319
StatusPublished
Cited by24 cases

This text of 569 N.E.2d 534 (People v. Gagliani) 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. Gagliani, 569 N.E.2d 534, 210 Ill. App. 3d 617, 155 Ill. Dec. 353, 1991 Ill. App. LEXIS 348 (Ill. Ct. App. 1991).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Defendant, Steven Gagliani, was charged by indictment with home invasion (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 11), residential burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19 — 3), armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2(a)), and two counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 14(a)(1)). Following a jury trial, defendant was found guilty of each offense and was sentenced to 30 years’ imprisonment for home invasion and each sexual assault conviction, along with eight years for residential burglary, each term to run concurrently. In addition, defendant was sentenced to 12 years’ imprisonment for armed robbery to run consecutive to the other convictions. Defendant filed a timely notice of appeal.

On appeal, defendant contends that he was denied a fair trial when the State’s Attorney improperly cross-examined him concerning his failure to volunteer information to police officers after he was given his Miranda warnings. In addition, defendant asserts that the trial court erred in sustaining one of the State’s hearsay objections at trial and that the court abused its discretion in sentencing him to the lengthy terms of incarceration. We reverse and remand.

The following evidence was adduced at trial. The victim, Gwen, testified that she returned home from work on August 2, 1988, at approximately 10:10 p.m. Gwen went into her bedroom shortly after she arrived home and turned on her air conditioner due to the heat. However, she turned the air conditioner off before she went to bed because it wasn’t working properly. Gwen indicated that she was wearing underwear, a bra and a T-shirt when she went to bed, but removed her bra and T-shirt “because it was real hot.” She fell asleep watching television but woke up when she heard a noise in her house. It was at this time that Gwen saw defendant in her bedroom.

Gwen stated that she then asked defendant what he was doing in her house, and defendant told her “to shut up or he would smash [her] brains in.” Defendant had a nightstick in his hand at this time. Defendant attempted to turn off the television set and told Gwen not to look at him while he did so. However, Gwen managed to see defendant’s reflection in the mirrors located near the television set.

After turning off the television, defendant told Gwen to come to the edge of the bed and to put his penis in her mouth. Defendant told Gwen that he would kill her if she did not do what he said. Defendant then got into bed with Gwen and forced her to engage in more oral sex. Thereafter, defendant told Gwen to remove her underwear, and defendant proceeded to have vaginal intercourse with her. Defendant had the nightstick in his hand at all times during the assault.

Defendant then told Gwen that he wanted her car keys, and he followed her downstairs to get them. Gwen gave the keys to defendant, opened the front door for him, and was told that she would be killed if she called the police. After defendant got her car started and drove away, Gwen attempted to call the police, but her phone wasn’t working. She got dressed, went over to a neighbor’s house and asked her neighbor to call the police. The police arrived shortly thereafter, and Gwen was taken to a local hospital via an ambulance for an examination.

The following day, Gwen went to the Glendale Heights police department to get her car back. While she was there, she was asked to view six black and white photographs to assist the officers in their investigation. Gwen identified defendant from the photographs as the perpetrator of the offenses.

Gwen further testified that defendant removed money, a watch and a ring from her house that night. She also stated that she had never seen defendant before that night and that he did not have permission to be in her home. In addition, Gwen never consented to having sex with defendant.

On cross-examination, Gwen testified that the nightstick that defendant used to threaten her was actually hers. Defendant did not hit her with the nightstick but only used it to threaten her. Gwen also stated that she picked up a paring knife, with a two-inch blade, immediately after she first saw defendant in her room, but dropped it after defendant told her not to “even think about it.” Gwen also noted that a screen in one of her basement windows was cut in two different places, although it was not in that condition before August 2,1988.

Jerome Zacny testified that he was Gwen’s neighbor who assisted her during the early morning hours of August 3, 1988. Zacny stated that he was awakened by a pounding at his front door. Zacny opened the door and saw Gwen standing outside. Gwen “had a very frightened look on her face” and told Zacny that someone had just broken into her house. Zacny then went into his kitchen to call the police. After the telephone call, Gwen told Zacny, along with his two daughters, that a young, white male had raped her that night.

Officer Ronald Kirstein of the Glendale Heights police department testified that he responded to Zacny’s telephone call and arrived at Zacny's house at approximately 1:45 a.m. on August 3, 1988. Officer Kirstein met with Gwen and described her as emotionally upset, crying, and depressed. Following a short conversation, Gwen and Kirstein went to Gwen’s house. Kirstein observed an open window in the basement with the screen torn near the latches.

On cross-examination, Officer Kirstein stated that Gwen told him that she was unable to see the intruder’s face that night. Gwen also made no reference to observing defendant’s face through a reflection in the mirror. In addition, Kirstein did not observe any cuts, scratches or bruises on Gwen’s face.

Detective Gary Harrison of the Glendale Heights police department testified that he performed a “walk-through” investigation at Gwen’s house in the early morning hours of August 3, 1988. Detective Harrison observed an open window in the basement, with two holes punched in the screen. In addition, there was a purse, two jewelry boxes, and some jewelry lying on the basement floor. Harrison also obtained several latent fingerprint lifts from Gwen’s house, including lifts from her television and automobile. Detective Harrison then spoke with Gwen later that morning at the hospital. Gwen appeared to be upset and withdrawn during the conversation.

Later that afternoon, Detective Harrison received a telephone call from the crime lab concerning the fingerprint lifts. Based on information received from the lab, Harrison prepared a photographic lineup for Gwen to view. Gwen picked defendant’s photograph out of the six photographs which appeared in the lineup.

At approximately 4 p.m. on August 4, 1988, Detective Harrison, along with another detective, went to defendant’s house. Defendant lived near Gwen’s house in Glendale Heights. Detective Harrison spoke with defendant and told him that defendant had been identified, through a photographic identification and fingerprint match, as the perpetrator of an “incident” at Gwen’s house. Harrison read defendant his Miranda rights and asked him why his fingerprint was found in the house and why he was identified from a lineup.

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Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 534, 210 Ill. App. 3d 617, 155 Ill. Dec. 353, 1991 Ill. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gagliani-illappct-1991.