People v. Kimbrough

485 N.E.2d 1292, 138 Ill. App. 3d 481, 93 Ill. Dec. 82, 1985 Ill. App. LEXIS 2707
Appellate Court of Illinois·Decided November 20, 1985·No. 83-2631·Published·Cited by 142 cases

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

A jury found defendant, Mark S. Kimbrough, guilty of deviate sexual assault, aggravated battery and unlawful restraint. He was sentenced to imprisonment for 10 years. On appeal, he contends (1) that it was reversible error to admit facts of a subsequent crime into evidence and (2) that the State’s use of its peremptory challenges to systematically exclude blacks from the jury denied him a fair trial. We affirm.

Defendant and the victim were students at a local college in Chicago. The victim is significantly shorter and lighter than defendant. The victim testified that on October 26, 1982, at defendant’s request, he and defendant went into the school basement. Once in the basement, defendant asked the victim to fill out a card with his name, address and telephone number for a purported gymnastics class. After the victim complied with the request, defendant put the card in his notebook and asked the victim why he always “got hard” in class. Defendant then opened his jacket and showed the victim a pistol, saying, “I don’t want to have to use this.” The victim was then directed into a nearby washroom. Defendant put the pistol to the victim’s neck and chest, then put his mouth on the victim’s penis and performed fellatio. Afterwards, defendant and the victim left the washroom. Defendant then warned the victim not to discuss the incident with anyone. Thereafter, defendant and the victim had several homosexual encounters over a period covering five to six weeks. On November 29, 1982, the victim told security officers what had happened. That was the first time the victim told anyone what had occurred.

The State called another witness who testified to an encounter he had with defendant. The witness was also a student at the school attended by defendant and the victim. Like the victim, the witness was significantly shorter and lighter than defendant. The witness testified that on November 24, 1982, defendant asked him to follow defendant to the school basement, and to fill out a card with his name, address and telephone number. In the basement, defendant placed the card in his notebook. He then opened his jacket and pulled a pistol halfway out and said, “Don’t run or I won’t hesitate to kill you.” Defendant then referred to the victim by name, stating that the victim had been cooperating with him for five or six weeks, and that if the witness did not also cooperate with him, he would go after the witness’ parents. When some people walking by created a disturbance, the witness ran. Defendant chased and caught him. The two youths struggled, and finally defendant was apprehended by security guards.

At trial, defendant’s notebook, which both students identified as containing their respective information cards, was admitted in evidence. The pistol, which was discovered to be merely a starter pistol for sporting events, was also admitted in evidence.

Defendant first contends that it was reversible error to admit in evidence the testimony relating to the subsequent criminal act of defendant. Defendant makes the same arguments that are often made when the admissibility of other crimes or wrongful conduct is raised. We shall therefore discuss the arguments involving this issue in a compendious fashion.

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People v. Kimbrough, 485 N.E.2d 1292, 138 Ill. App. 3d 481, 93 Ill. Dec. 82, 1985 Ill. App. LEXIS 2707 (Ill. Ct. App. 1985).

485 N.E.2d 1292 (People v. Kimbrough) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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