People v. Jones

608 N.E.2d 266, 240 Ill. App. 3d 213, 181 Ill. Dec. 193, 1992 Ill. App. LEXIS 2056
Appellate Court of Illinois·Decided December 21, 1992·No. 1-89-2382·Published·Cited by 3 cases

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

Following a jury trial, defendant J.C. Jones was found guilty of aggravated criminal sexual assault. The trial judge sentenced defendant to 25 years in the Blinois Department of Corrections. The issues defendant raises on appeal are: (1) that he was denied a fair trial when the prosecutor argued that his post-arrest silence was evidence of his guilt; and (2) that he was denied a fair trial because the prosecutor made various statements during closing argument which (a) unjustly attacked defense counsel, (b) were calculated to inflame the passions of the jury, and (c) were misstatements of the evidence.

At the time that this assault was alleged to have occurred, the victim, 14-year-old B.A., was living in an apartment with her mother, her brother, the defendant, and the defendant’s eight-month-old son. B.A. testified that on July 4, 1988, at approximately 7 p.m., her uncle drove her to the apartment from a barbecue at his house. The rest of the family had attended another barbecue at the home of defendant’s sister from which they had not returned. B.A. testified that she played alone for several hours on the porch and then went inside to fix something to eat. She stated that while she was cleaning up, defendant returned with his son. Defendant put the chain on the door and told B.A. to fix the baby a bottle. According to B.A., while she was feeding the baby, defendant said he wanted to talk to her in the bedroom. She replied that they could talk right there in the living room, but defendant insisted they go into the bedroom. B.A. testified that she complied because she was afraid and defendant’s manner and tone of voice indicated it was an order. According to B.A., once they were in the bedroom defendant threatened to cut her throat with a razor if she did not take off her clothes. B.A. stated that when they were both naked, defendant got on top of her and “stuck his penis in [her] vagina.” When he finished, B.A. said that defendant told her to get dressed and make him some popcorn. After the incident, either defendant or B.A. called her mother from the bedroom. Her mother was drunk and did not want to come home that night. B.A. stated she could not tell her mother what had happened because defendant was right next to her.

B.A. testified that, after making the popcorn for defendant, she was able to slip the chain off the door and flee the apartment without defendant’s knowledge. She ran a couple of blocks to a public telephone on 55th and State and called her uncle. She told him that defendant had raped her. Her uncle picked her up approximately 10 minutes later and took her to the police station. After she was interviewed by the police, she was taken to Wyler Children’s Hospital (Wyler’s) for an examination. She also testified that she did not have a boy friend, had never before engaged in sexual intercourse, and was crying throughout the entire ordeal.

On cross-examination, B.A. stated that defendant had been living with her mother for three years. Both defendant and B.A.’s mother were heavy drinkers who frequently argued with each other. B.A. stated that she had lived with her aunt for a while after defendant slapped her for siding with her mother in a fight. B.A. also explained that the reason she did not use the public phones across the street from her apartment when she escaped after the incident was because she was afraid defendant would be coming after her. She also stated that she did not go to a neighbor’s apartment or to the police station which was just two blocks away in the other direction because she was not thinking clearly.

Dr. Susan Gerber examined B.A. at Wyler’s at approximately 3:30 a.m. on July 5, 1988. She stated that B.A. was upset and withdrawn and that she told her she had been raped by defendant. Her examination revealed a fresh abrasion to the hymenal area and a laceration to the right side of the vulva. Dr. Gerber also noticed a “whitish discharge.” She stated that the injuries were consistent with someone who had just had intercourse. On cross-examination, Dr. Gerber admitted that “it’s possible” to have lacerations even after consensual sex.

Pamela Fish, a technician employed by the police crime lab, analyzed the semen found in B.A.’s vaginal smear. Her tests showed that defendant was a type O secretor and the sperm found inside B.A. came from a type O secretor. B.A. was not a type O secretor. Statistically, this means that defendant was included within the 39% of the black male population who could have donated the sperm.

B.A.’s uncle testified that when he picked up the victim from the phone booth she was shaking and crying and her clothes were not fitting properly.

Officer Murray testified that he spoke with B.A. and her uncle on the morning of July 5, 1988. He stated that he had B.A. repeat her story several times in order “to see if there were any discrepancies in it and there wasn’t [sic].” He then drove B.A. to the hospital and proceeded on to defendant’s apartment. No one responded to his “repeated knocking and calling.” He returned on July 6 and July 7, but got no response from the apartment. On July 7, however, acting on an informant’s tip, Murray and his partner proceeded to the home of defendant’s brother, where they located and arrested defendant.

Christina Coppage, the live-in girl friend of defendant’s brother, testified that defendant arrived at their home at approximately 3 a.m. on July 5, 1988. She stated that she overheard defendant tell his brother that he did not rape B.A. and that B.A. had given him sex.

Donna Hendricks, a Department of Children and Family Services (DCFS) worker who interviewed B.A., testified that B.A. told her she had been raped by defendant. She stated that to her recollection, B.A. told her that defendant had threatened her with a knife.

Defendant testified that on July 4, 1988, he left the barbecue at his sister’s house early because he and B.A.’s mother had gotten into a fight. At approximately 11 p.m. he arrived home with his son. He stated that he discovered B.A. in the kitchen with a young boy. He did not know the boy’s name, but he had seen him in the neighborhood. He told the boy to leave, because B.A. was not allowed to have men over at that time of night when her mother was not home. After the boy left, defendant went into the bedroom to chánge the baby’s diaper and he noticed that the bed sheets had been changed. According to defendant, B.A. told him that the boy had cut his finger and she had spilled mercurochrome on the sheets while treating it. Defendant stated he retrieved the old sheets and noticed red spots on them. Defendant testified that B.A. then began to cry and admitted she had had sex with the boy in the bed. According to defendant, B.A. begged him not to tell her mother. Defendant stated, however, that he did call her mother to have her come home. B.A. also talked to her mother on the phone, but her mother did not want to come home. Defendant stated he then tried to call her back and that B.A. left the apartment while he was on the phone. He testified that it was not unusual for B.A. to leave the apartment late at night when she anticipated getting a beating.

Defendant stated he went to sleep about 5 a.m. and denied hearing the police at the door that morning.

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People v. Jones, 608 N.E.2d 266, 240 Ill. App. 3d 213, 181 Ill. Dec. 193, 1992 Ill. App. LEXIS 2056 (Ill. Ct. App. 1992).

608 N.E.2d 266 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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