People v. Gully

611 N.E.2d 1374, 243 Ill. App. 3d 853, 183 Ill. Dec. 726, 1993 Ill. App. LEXIS 531
CourtAppellate Court of Illinois
DecidedApril 13, 1993
DocketNo. 5-91-0675
StatusPublished
Cited by13 cases

This text of 611 N.E.2d 1374 (People v. Gully) 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. Gully, 611 N.E.2d 1374, 243 Ill. App. 3d 853, 183 Ill. Dec. 726, 1993 Ill. App. LEXIS 531 (Ill. Ct. App. 1993).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Following a jury trial, defendant, Leon Gully, was convicted of aggravated kidnapping, armed robbery, and aggravated criminal sexual assault. He was sentenced to concurrent terms of imprisonment of 10 years for aggravated kidnapping, 20 years for armed robbery, and 25 years for aggravated criminal sexual assault. Defendant’s convictions and sentences were affirmed on appeal. People v. Gully (1986), 151 Ill. App. 3d 795, 502 N.E.2d 1091.

Thereafter, defendant filed two pro se post-conviction petitions; appointed counsel filed an amended post-conviction petition. Pursuant to an evidentiary hearing, the amended petition for post-conviction relief was denied. Defendant appeals and raises two issues for our review: (1) whether the trial prosecutor committed reversible error by violating the advocate-witness rule and by failing to perfect impeachment of an alibi witness and (2) whether defendant was denied a fair trial by the prosecution’s use of inflammatory expert opinion testimony. We affirm the circuit court’s order denying post-conviction relief.

On December 14, 1984, at about 12:30 a.m., the victim was driving home from her job at the National Stockyards Inn near East St. Louis, Illinois. At a stop sign, she pulled up behind another car. When the car in front of her did not proceed through the intersection, the victim began to back up in order to pull around the front car. However, the car in front backed up into her car. The driver of the front car approached the victim and apologized for backing into her car. At this point the victim became suspicious, and as she tried to leave the scene, two male passengers from the front car pulled a gun on her and forced her to unlock the car doors. They entered the car and shoved her head down. One of the two men removed her jewelry while the other man turned her car around and started driving back towards East St. Louis. The victim was taken to a vacant dead-end street. At this point, the driver of the front car pulled up and told the two men he did not want any part of what they were doing; the driver left the scene. The two men then ordered the victim to get into the back seat and remove her clothes. One of the men had intercourse with the victim while the other made her engage in oral sex. After the first man left the car, the second man then had intercourse with the victim. The first man opened the car door and asked “Jules or Julian” to give him his pants. “Jules” threw the pants from the car and told “Leon” to shut the door. During this exchange, the victim was able to see “Leon’s” face in the car’s dome light. (People v. Gully (1986), 151 Ill. App. 3d 795, 797, 502 N.E.2d 1091, 1093.) The victim was then allowed to dress and ordered to search for the car keys which the men had dropped. She found the keys and handed them to “Leon,” whose face she again observed at this time. The victim was then ordered to walk toward the woods. Once she reached the woods, the victim ran to the interstate, where she flagged down a motorist who took her to the National City police department. The victim was then taken to St. Elizabeth’s Hospital in Granite City, where a nurse used a Vitullo rape kit to obtain a vaginal swab and smear which was later submitted for forensic analysis. East St. Louis police officers recovered the victim’s car.

In her initial statements to the authorities, the victim stated that all three men in the car which hit hers were armed. She later testified that that was incorrect; only the two men who got into her car were armed, but the driver of the other car was not. One man was armed with a long-barrelled .38 or .44 caliber revolver. The other man had a snub-nosed .38 caliber revolver. The victim described “Jules” as 5 feet 8 inches or 5 feet 9 inches, slender, 160 pounds, light complected with short hair, and clean shaven. She described “Leon” as 5 feet 9 inches or 5 feet 10 inches, stocky, 180 to 185 pounds, 27 or 28 years old with a round face, a medium Afro, and darker complected than “Jules.” She later testified that the descriptions of Jules and Leon were reversed and that she could identify Leon but not Jules. On the same day as the assault, the East St. Louis police department received a telephone call from someone claiming knowledge of the crimes. The caller identified Leon Gully, Terry Lewis, and Jackie Wilson as the three men involved in the robbery and assault. The police identified the caller as Kenneth Chaney. Pursuant to questioning, Wilson implicated defendant, Lewis, and Chaney as the three men involved in the offenses. Pursuant to Chaney’s call, the police arranged a photographic array for the victim to view. Fourteen days after the assault, the victim viewed a 60-photograph array and identified defendant as the assailant named “Leon.” Defendant is 5 feet 4 inches or 5 feet 5 inches, weighs 155 pounds, and is three inches shorter than Chaney. Parenthetically, we note that Chaney was subsequently convicted and sentenced for his part in the assault and robbery.

Terry Lewis, a convicted burglar, testified at trial to a conversation he had had with defendant shortly before Christmas 1984. Lewis testified that defendant told him that he and Chaney had taken jewelry from a woman and were going to sell it to a pawn shop.

Jackie Wilson, also a convicted burglar, testified that he was the driver of the car on the night of December 14, 1984. He testified that he tried to convince defendant and Chaney not to harm the woman; Wilson fled because he did not wish to get into any more trouble. Wilson further testified that the next day defendant told him that he and Chaney had raped the woman and Chaney had taken her jewelry. Defendant also told Wilson that Chaney had called him by name during the incident. Wilson testified that defendant and his girlfriend, Rachelle Rogers, had asked him not to testify.

Susanne Davis testified that she purchased a ring from Rachelle Rogers for $40 shortly before Christmas 1984. The victim identified the ring as one of the pieces of jewelry taken in the robbery. Rogers testified that Chaney brought the rings to her home and defendant told her she could wear the rings. Rogers admitted giving a statement that the defendant told her that he had raped and robbed a woman. Later on, Rogers claimed she signed the statement only because investigators threatened to take her child away. Rogers also testified that she had previously seen defendant with a .38 caliber snub-nosed revolver.

Dennis Aubuchon, a forensic scientist, testified that he found seminal fluid on the vaginal swab and smear contained in the Vitullo rape kit. After analyzing blood and saliva samples taken from defendant, Aubuchon concluded that defendant was a nonsecreter, meaning his blood type would not be reflected in his bodily secretions such as sweat, saliva, or semen. Aubuchon concluded that defendant could not be excluded as the donor of the semen found in the victim. According to Aubuchon, approximately 30% of the black population are nonsecreters. Defendant is black. Aubuchon further testified that Kenneth Chaney, also a black man, was a nonsecreter as well.

The defense called Phyllis Childers as an alibi witness. Childers is defendant’s relative and neighbor.

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.E.2d 1374, 243 Ill. App. 3d 853, 183 Ill. Dec. 726, 1993 Ill. App. LEXIS 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gully-illappct-1993.