People v. Harper

627 N.E.2d 91, 254 Ill. App. 3d 44, 193 Ill. Dec. 932, 1993 Ill. App. LEXIS 1444
CourtAppellate Court of Illinois
DecidedSeptember 17, 1993
DocketNo. 1—90—1235
StatusPublished

This text of 627 N.E.2d 91 (People v. Harper) 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. Harper, 627 N.E.2d 91, 254 Ill. App. 3d 44, 193 Ill. Dec. 932, 1993 Ill. App. LEXIS 1444 (Ill. Ct. App. 1993).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

A jury convicted the defendant, Willie Harper, of aggravated criminal sexual assault and armed robbery. He was sentenced to concurrent terms of 20 years’ imprisonment on each charge. He contends that trial errors require a new trial. He does not question the sufficiency of the evidence.

A.L., the victim, left her home in Chicago Heights at approximately 10:40 p.m. on May 22, 1989, and walked toward Wentworth Avenue, where there was a large amount of drug traffic. She was looking for her brother, who had been recently released from a drug rehabilitation program. She was 20 years old and lived with her parents.

As she walked toward Wentworth Avenue she saw a man she later identified as the defendant standing near a gate in front of a house. She had never seen him before. He was wearing colorful print shorts and a net-type tank top. She could see him well because there was a streetlight by the house. When she saw him, she crossed to the other side of the street to get away from him. She was watching him while she crossed the street and saw him turn toward her. He began walking toward her and said, “I got a package^ h]ow much money you got.” She told him she did not take drugs and continued watching him. He was directly under a streetlight when he asked her about buying drugs. She began backing away from him, but he “started coming steady walking towards [her]”; she eventually turned and started to run away from him as he chased her.

He caught her near a community center a short distance from the house where she had originally seen him and “put something sharp to [her] neck.” She began screaming, but he told her he would “cut” her if she was not quiet. He asked her if she had any money, and she took $5 from her jacket pocket and gave it to him. He reached into her pocket and took out some coins. He dragged her around the community center building, through several fence openings, and took her to a nearby wooded area. While dragging and pushing her toward the wooded area, he told her to duck her head down toward the ground whenever they heard noises. Each time she ducked, they “were close and his head would look around” toward her. Her face was only a few inches from his and she could see his hair and the scar on his nose. She noticed the scar, his moustache and goatee and his “Bronx” style haircut.

In the wooded area, he told her to remove her clothes, and he took off his clothes. She believed that he was under the influence of drugs at the time because of the appearance of his eyes. He then forced her to have oral and vaginal sex with him. She “was just hysterical by that point,” and when he allowed her to get up from the ground, she dressed, leaving her underwear on the ground, and ran home. Her underwear was later recovered in the wooded area.

A.L. ran up the stairs to her house screaming and crying; her mother asked her what had happened. According to both A.L. and her mother, who also testified, A.L. told her mother that she had been raped, that she did not know the rapist, but that she could identify him if she heard his voice or saw his face. Her mother called the police.

Police officers Rice and Garcia arrived at A.L.’s house early in the morning of May 23, 1989, and took her to the wooded area and then to the hospital. She gave the police a description of the defendant’s clothes and voice and told them that she “could describe him on his voice alone.” She also talked to the police at the hospital. She talked to Rice and Garcia approximately one hour after the incident, and although she was “halfway calmed down,” she was “not completely” composed but told the officers about the defendant “the best way [she] could that night.” She explained that she did not tell the officers “a whole lot of things” during the initial interview. She could not remember if she told them about the defendant’s nose scar, but she believed she told them about the defendant’s hair cut, moustache and goatee.

After she left the hospital, A.L. went to the police station and talked to Detective Pinnow. She did not tell Pinnow her attacker had a scar on his face, but she told him she could identify him by hearing his voice or seeing his face. She described his shorts and shirt, and stated that he was black, had a Bronx haircut, was 26 or 27 years old, and had a husky, solid build. She looked through three or four “mug books” but did not select any individual as her attacker. She did choose facial features from an “Ident-A-Kit” used to make composite sketches in an attempt to make a picture of the defendant. She was not satisfied with the resulting sketch, although she believed Pinnow took a picture of it.

Pinnow told her to call the station if she remembered anything more, and on the following day, A.L. called Pinnow and told him that the rapist had a scar on his nose and that the sketch was not accurate. She explained that she remembered to tell the police about the scar on the following day because she had been able to sleep and thus was calmer and thinking more clearly.

Detective Bohlen came to her house and showed her a strip of 12 pictures of black men. She knew two of the men pictured from the neighborhood and eliminated them from consideration. She identified the defendant as her attacker from a picture in the strip.

On June 6, A.L. and her sister were driving on Wentworth Avenue when A.L. saw Harper walking on the street. She told her sister, “That’s him[, tjhat’s the guy right there.” She saw a man she knew named Bickham standing at the corner, and she asked Bickham to watch the defendant. She and her sister drove home to get their father. When she and her father and brother returned to Wentworth Avenue, the defendant was gone.

Later that day a man from the neighborhood came to the house and told A.L.’s uncle that “the guy [they] were looking for” was on Wallace Avenue. She and her family drove to Wallace Avenue, where A.L. saw the defendant standing on a corner. She then drove to the police station. Her uncle left the car to alert the police, and A.L. drove back toward Wallace Avenue. When she approached the defendant again, he ran through a yard in a direction away from the police station, and A.L. saw the police arrest and handcuff him a few blocks from Wallace Avenue. She later identified the defendant from a lineup of five people held by Detectives Bohlen and Pin-now at the police station. The defendant had a goatee, a moustache, a Bronx haircut and a scar on his nose.

Detective Pinnow testified that A.L. and her mother came to the police station on May 24 to tell him that her attacker had a scar on his nose. She never told them that the man had a moustache or goatee. He also testified that she was shown a strip of 12 pictures and that she picked out a picture of the defendant.

When the defendant was arrested on June 6, 1989, he agreed to talk to Pinnow and Bohlen after being advised of his Miranda rights. He told Pinnow that he was in a drug rehabilitation center on May 22, 1989. The detectives investigated and determined that the defendant was not at the center on May 22. The defendant then told them he was either at his father’s house or his sister’s house on May 22.

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Cite This Page — Counsel Stack

Bluebook (online)
627 N.E.2d 91, 254 Ill. App. 3d 44, 193 Ill. Dec. 932, 1993 Ill. App. LEXIS 1444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harper-illappct-1993.