People v. Jackson

771 N.E.2d 982, 331 Ill. App. 3d 279, 265 Ill. Dec. 23, 2002 Ill. App. LEXIS 368
Appellate Court of Illinois·Decided May 14, 2002·No. 1-00-0378·Published·Cited by 35 cases

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Following a jury trial, defendant Corey Jackson was convicted of two counts of aggravated criminal sexual assault with a weapon and one count of aggravated kidnaping and was sentenced to consecutive prison terms of eight, seven and six years, respectively. On appeal, defendant contends that his convictions and sentences should be vacated because: (1) the trial court erred in admitting other crimes evidence to show defendant’s modus operandi; (2) the trial court improperly refused to tender defendant’s non-pattern jury instruction defining modus operandi; (3) defendant was improperly convicted of aggravated kidnaping when the aggravated kidnaping was incidental to the sexual assault; and (4) the trial court improperly considered defendant’s failure to admit his guilt or show remorse in imposing sentence. We reverse and remand.

BACKGROUND

Prior to the commencement of defendant’s trial, the State moved to present evidence of other crimes to establish defendant’s modus operandi. The State argued that defendant was previously convicted of sexually assaulting L.S. and that there were many similarities between the assault against L.S. and the assault against D.R., the victim in the instant case. Specifically, the State argued that the profiles of the victims chosen by defendant were similar because D.R. and L.S. were both African-American, adult females who were alike in age insofar as D.R. was 39 years old and L.S. was 33 years old. The State further argued that the crimes were similar because defendant was a stranger to both victims, acted alone in committing both offenses, took both victims to abandoned buildings, engaged in vaginal sex with both victims and ejaculated during both offenses. Although defendant used a gun when assaulting D.R. and a knife when assaulting L.S., he nevertheless used a weapon in both instances. Further, defendant kidnaped both victims by dragging L.S. into a nearby abandoned building and forcing D.R. into his vehicle and driving her several blocks to a different abandoned building. Finally, the State argued that the offenses were similar because Nautica apparel was involved in both offenses in that defendant stole L.S.’s Nautica coat after assaulting her and was wearing a Nautica coat while assaulting D.R. Notably, the State did not present any evidence at trial which established that the Nautica coat worn during D.R.’s assault was the same coat stolen from L.S.

Defendant argued that the evidence was insufficient to establish modus operandi because it was “not probative or significant enough to earmark this work as being the signature of Corey Jackson.” Defendant asserted that there were several sex offenders on the south side of Chicago who used abandoned buildings and weapons to assault African-American, adult females. Defendant also pointed out that the abandoned buildings used in this case were miles apart, in different neighborhoods, and that there was no connection established between him and the buildings. Further, defendant argued that different weapons were used in each offense and that the offender approached and kidnaped the victims in a different manner. Defendant also asserted that vaginal penetration was an element of the crime charged and that this evidence did not support the State’s modus operandi argument. Finally, defendant argued that the State’s argument concerning Nautica clothing was a “red herring” because “[tjhere are 3-million people in the City of Chicago with access to Nautica clothing.”

The trial court concluded that there were “eight strikingly similar points of comparison” between these offenses, namely: (1) that the victims in each case were abducted on the street on the south side of Chicago; (2) each abduction occurred in “hours of darkness”; (3) the assailant was a stranger to the victims; (4) vaginal sex acts occurred in both cases; (5) the assailant used a weapon; (6) the assailant acted alone; (7) the victim was alone when she was abducted and assaulted; and (8) Nautica clothing was involved in both offenses.

The following testimony was presented at trial. D.R. stated that she was 39 years old on May 25, 1998, the date of the instant offense, and was living in the area of 48th and Indiana Streets in Chicago. Although she was unemployed at the time, she was not working as a prostitute. At approximately 10:45 p.m. on the date in question, D.R. was walking towards the area of 50th and Indiana Streets when a man approached and asked if he could accompany her. When D.R. refused, the man, whom D.R. identified as defendant, placed his gun against the left side of her rib cage and told her to get into his car. D.R. testified that defendant was alone and that he was a stranger to her.

D.R. explained that she got into defendant’s car and he drove her to an abandoned building located at 88th and Dauphin Streets. Defendant took D.R. inside the abandoned building and told her to undress. He then forced D.R. to engage in acts of oral and vaginal sex. When the acts were completed, defendant told D.R. to wait four minutes before leaving the building. He then dressed himself and left. According to D.R., defendant was wearing “a baseball cap, a Nautica jacket, a [T]-shirt, some jeans and some tennis shoes” at this time. After defendant left, D.R. dressed and ran out of the building. She was eventually picked up by two women who drove her to the police station.

Officer Percy Alexander testified that he spoke with D.R. at the police station after the assault. D.R. directed him to a second-floor apartment located in an abandoned building at 8800 South Dauphin and identified the apartment as the scene of the assault. Officer Alexander averred that the apartment was obviously vacant and that debris was strewn throughout.

The State subsequently called L.S. as a witness. Prior to her testifying, defendant requested that the trial court instruct the jury on the proper manner of considering other crimes evidence by inserting the term modus operandi into Illinois Pattern Jury Instructions, Criminal, No. 3.14 (4th ed. 2000) (hereinafter IPI Criminal 4th No. 3.14). The trial court agreed and instructed the jury as follows:

“Members of the jury, before this witness testifies, I must instruct you that through [L.S.], evidence will be received that the defendant, Mr. Jackson, has been involved in conduct other than that charged in the indictment. This evidence will be received on the issue of the Defendant’s modus operandi, and may be considered by you only for that limited purpose. It is for you to determine whether the defendant was involved in that conduct, and if so, what weight should be given to this forthcoming evidence on the issue of modus operandi.”

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People v. Jackson, 771 N.E.2d 982, 331 Ill. App. 3d 279, 265 Ill. Dec. 23, 2002 Ill. App. LEXIS 368 (Ill. Ct. App. 2002).

771 N.E.2d 982 (People v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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