People v. Lamacki

459 N.E.2d 1142, 121 Ill. App. 3d 403, 77 Ill. Dec. 46, 1984 Ill. App. LEXIS 1423
CourtAppellate Court of Illinois
DecidedJanuary 31, 1984
Docket82-521
StatusPublished
Cited by5 cases

This text of 459 N.E.2d 1142 (People v. Lamacki) 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. Lamacki, 459 N.E.2d 1142, 121 Ill. App. 3d 403, 77 Ill. Dec. 46, 1984 Ill. App. LEXIS 1423 (Ill. Ct. App. 1984).

Opinion

JUSTICE PERLIN

delivered the opinion of the court:

Walter Lamacki (defendant) was charged by information with rape (Ill. Rev. Stat. 1979, ch. 38, par. 11 — 1), deviate sexual assault (Ill. Rev. Stat. 1979, ch. 38, par. 11 — 3) and two counts of armed violence (Ill. Rev. Stat. 1979, ch. 38, par. 33A — 2). On the State’s motion, the two counts of armed violence were dismissed. On February 18, 1982, following a jury trial, defendant was found guilty of rape and deviate sexual assault. Defendant’s motions for a new trial and his motion for relief notwithstanding the verdict were denied. Following a hearing in mitigation and aggravation, defendant was sentenced to serve two concurrent terms of 20 years in the Illinois Department of Corrections.

On appeal, defendant assigns as error: (1) the trial court’s failure to suppress the identification testimony of complainant based upon allegedly “suggestive” photographic and lineup identification procedures; (2) the trial court’s refusal to admit into evidence three “mug books” allegedly containing defendant’s picture and a police “sketch” derived from a description of the assailant provided by complainant; (3) certain prosecutorial remarks made during closing argument; (4) the State’s failure to prove defendant guilty beyond a reasonable doubt; and (5) the trial court’s abuse of discretion in sentencing defendant to two concurrent 20-year terms of imprisonment.

Defendant was arrested on July 15, 1981, and charged with the July 14, 1981, rape and deviate sexual assault of complainant. The evidence elicited at the three pretrial hearings pursuant to defendant’s motions to suppress complainant’s identification testimony reflects the following:

On July 14, 1981, at about 10 p.m., the 25-year-old complainant was returning home from the White Hen Pantry store located at the corner of Flossmoor and Pulaski streets in Country Club Hills, Illinois, when she was accosted by a man carrying a knife. She was raped and forced to perform an act of deviate sexual conduct. Following her attack, complainant returned home and telephoned the Country Club Hills police station. When the police arrived, complainant gave to them a general description of her attacker. On July 15, 1981, at about 10 a.m., complainant went to the Country Club Hills police station. While at the station, Police Sergeant William Schultz (Sergeant Schultz) showed complainant three “mug books” containing “hundreds and hundreds” of pictures. According to Sergeant Schultz, the books should have included two sets of photographs (front view and profile) of defendant. Complainant was unable to identify her attacker in the “mug books.” However, she did provide a detailed description of her assailant to a police artist who made a “composite” of the assailant from an “identification kit.” 1 Complainant described her assailant as “five-eight or six-two, Caucasian” with shoulder length blonde hair, a moustache and a beard. She also stated that her attacker had “Wally” tatooed on his lower arm, although she could not recall which arm. Complainant testified at trial that she thought her assailant had a full “blondish” or “reddish” beard.

Sergeant Schultz testified at the suppression hearings to the following:

On July 15, 1981, at about 3 p.m., he discussed this rape incident with another police person. As a result of this discussion the officers were of the impression that they knew a man who “fit the composite” drawn by the police artist from complainant’s description. Although complainant was “dissatisfied” and questioned the accuracy of the “composite,” the police officers believed that defendant fit the description and the composite. At about 3:30 p.m. that same day, Sergeant Schultz and a second officer went to defendant’s condominium at 4110 West 102d Place in Country Club Hills, about 2 1 k blocks southwest of the White Hen Pantry store near which the instant crime took place. Sergeant Schultz and defendant “had a conversation” following which defendant was “transported” in a police vehicle to the Country Club Hills police station.

At the time defendant was taken to the police station, Sergeant Schultz did not consider him to be “in custody.” A “polaroid” photograph of defendant was taken by Sergeant Schultz at the police station and at about 4:30 p.m. he took this photograph, along with eight others of different men, to complainant’s home. He did not tell complainant that he believed her assailant’s photograph was among the nine. She looked at each individual photograph and when “she came to [defendant’s] photograph she set it down on the table and said, ‘That’s him.’ ” 2 Sergeant Schultz returned to the police station and at about 5 p.m. on July 15,1981, placed defendant under arrest.

John A. McGuire, one of defendant’s attorneys throughout the pretrial stage of the prosecution, testified at the suppression hearing held on November 25,1981, to the following:

On July 17, 1981 (it appears from McGuire’s testimony that he was in fact referring to the events which occurred on July 15, 1981), he received a telephone call from defendant who told McGuire that he was “locked up in Country Club Hills.” Defendant asked McGuire to represent him. At about 6 p.m. that day, McGuire telephoned the Country Club Hills Police Department and spoke with Sergeant Schultz. Sergeant Schultz told McGuire that defendant “was incarcerated and that he was charged with rape, and that they were going to conduct a lineup.” McGuire told Sergeant Schultz that he “wished that he would not talk to defendant” and “asked him to delay any line-up until [McGuire] got there.” McGuire acknowledged that Sergeant Schultz “may” have told him a lineup would be conducted at 6:30 p.m. Sergeant Schultz later testified that he in fact told McGuire that a physical lineup was going to be held at 6:30 and he asked McGuire “if he wanted to be present.” McGuire responded, “I will be there.”

A lineup was conducted at about 6:45 p.m.; McGuire arrived at the police station at approximately 7:15 or 7:30 p.m.

In the lineup defendant elected to stand at the far left. He was dressed in the same clothes he had worn when Sergeant Schultz took the “polaroid” photograph which Schultz showed to complainant two hours earlier. Defendant was dressed in a T-shirt with an emblem containing the phrase “A Friend In Weed.” No other man in the lineup wore a similar T-shirt although others did wear “pull-over” T-shirts. One other man in the lineup had a visible tatoo on his arm.

Two hours after complainant identified defendant from his “polaroid” photograph as the man who attacked her, she also identified him in the lineup. Although complainant had described her attacker as a man with a “full” beard, Sergeant Schultz described defendant’s facial appearance on July 15, 1981, the day following the instant crime, as a “moustache that comes down below his lower lip and a slight goatee *** kind of like a Van Dyke goatee on his chin.”

After the lineup was conducted and defendant had been identified by complainant, he was advised of his Miranda rights. Defendant acknowledged that he understood these rights and agreed to talk with Sergeant Schultz and an assistant State’s Attorney who was present.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Helm
669 N.E.2d 111 (Appellate Court of Illinois, 1996)
People v. DuPree
514 N.E.2d 583 (Appellate Court of Illinois, 1987)
People v. Rooseveltause
509 N.E.2d 521 (Appellate Court of Illinois, 1987)
People v. Neumann
499 N.E.2d 487 (Appellate Court of Illinois, 1986)
People v. Branson
475 N.E.2d 905 (Appellate Court of Illinois, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
459 N.E.2d 1142, 121 Ill. App. 3d 403, 77 Ill. Dec. 46, 1984 Ill. App. LEXIS 1423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lamacki-illappct-1984.