People v. Lawrence

626 N.E.2d 1165, 254 Ill. App. 3d 601, 193 Ill. Dec. 614, 1993 Ill. App. LEXIS 1455
Appellate Court of Illinois·Decided September 22, 1993·No. No. 1—91—3561·Published·Cited by 4 cases

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendant, Patrick Lawrence, was convicted of criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12— 13(a)(4)) and aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 16(d)). Defendant was sentenced to concurrent terms of 10 years’ imprisonment for criminal sexual assault and 5 years’ imprisonment for aggravated criminal sexual abuse. We affirm in part, reverse in part and vacate in part.

The issues before this court for review are (1) whether the trial court erred when it permitted the prosecution to introduce a certain statement made by defendant; (2) whether defendant was proven guilty of criminal sexual assault and aggravated criminal sexual abuse beyond a reasonable doubt; (3) whether defendant’s conviction for aggravated criminal sexual abuse must be reversed and his sentence vacated on the basis that the aforementioned crime is a lesser-included offense of criminal sexual assault; (4) whether certain statements made during the prosecutor’s closing argument deprived defendant of a fair trial; (5) whether defendant is entitled to a new sentencing hearing on the basis that his conviction for aggravated criminal sexual abuse had a negative influence and an improper prejudicial effect upon the trial court with respect to its formulation of defendant’s sentence for criminal sexual assault; and (6) whether defendant’s 10-year sentence should be reduced on the basis that it was excessive.

The victim, E.B., Tony Avila and C.B. all testified on behalf of the State. E.B. testified that on September 23, 1989, he was 15 years of age. E.B. further testified that he and his friend, Tony Avila, were standing at the intersection of 15th and Avers Streets when defendant, then a 25-year-old Chicago police officer, pulled up next to them in a squad car. E.B. testified that defendant determined his age and then threatened to charge him with a curfew violation, but that defendant released him to Avila’s custody instead. The record shows that Avila was 18 years of age on that date. E.B. further testified that after he was released into Avila’s custody, he witnessed Avila and defendant engage in a conversation which he could not hear. Avila later told the court that during the conversation in question, defendant requested that both boys meet him later around midnight.

E.B. testified that approximately 45 minutes after he was was released into Avila’s custody, he and Avila met defendant, who was sitting in his own car on Avers Street. E.B. testified that he and Avila got into defendant’s car. E.B. recalled that defendant was wearing a white T-shirt and the pants from his police uniform. E.B. also observed that defendant was wearing a beeper. E.B. testified that defendant received several pages on his beeper which he answered. E.B. stated that after he and Avila entered defendant’s car, defendant ran errands.

E.B. testified that defendant drove him and Avila to the parking lot of the Michelle Clark School near Laramie and the Congress expressway. E.B. told the court that defendant started rubbing his leg just prior to their arrival at the school parking lot. E.B. testified that although he was able to push defendant’s hand off of his leg, he was unsuccessful in his attempt to prevent defendant from touching him again. E.B. recalled that upon arriving at the school, defendant asked him: “[Hjave you ever had your penis sucked?” E.B. stated that he replied in the negative. E.B. testified that defendant then performed fellatio on him while Avila remained in the back seat of the car. When defendant finished performing oral sex on E.B., Avila took the front seat and E.B. moved to the back seat. E.B. testified that defendant then performed fellatio on Avila.

After defendant performed oral sex upon Avila, he drove to a gas station where E.B. exited the car and purchased a can of soda pop. Defendant then drove E.B. to his aunt’s house. E.B. testified that before he exited the car and went inside of his aunt’s house, defendant gave him five bags of cocaine and $30 in cash and instructed him to share both the money and the drugs with Avila.

E.B. testified that upon entering his aunt’s house, he told her that he had been harassed by the police; however, he did not disclose any details of his sexual encounter with defendant. E.B. claimed that he subsequently told his mother, who was deceased at the time of the trial, all of the details concerning his interaction with defendant.

Avila corroborated E.B.’s testimony concerning what happened in defendant’s car. In addition to his testimony about the crime perpetrated upon E.B., Avila also testified concerning events which occurred five days later. Avila told the court that on September 28, 1989, he paged defendant on his beeper and asked defendant to meet him. Defendant did so and then defendant, Avila and Avila’s friend Michael all went out to buy beer. Avila testified that he and Michael were too young to buy alcohol so defendant purchased the beer which they all consumed. Avila further testified that defendant performed acts of fellatio upon him and Michael while the three men were in defendant’s car. Avila told the court that he grabbed defendant’s gun and stole defendant’s car after the sexual interlude because he believed that defendant owed him money in exchange for his participation in the sexual activity.

Defendant reported the loss of his service revolver and automobile as an armed robbery and gave the police department a vague description of the offenders, providing only their first names. Defendant did not tell the police that he knew how to get in touch with the suspects.

In October of 1989, Avila was arrested for the armed robbery of defendant. Avila testified that upon his arrest, he told the police that defendant was gay and that he had taken defendant’s car because defendant owed him money in exchange for his participation in sexual activity. Avila told the court that he also informed the police about defendant’s sexual encounter with 15-year-old E.B. Avila spent the night in jail but was not charged with the armed robbery of defendant.

Officer Peter Koconis, an employee of the internal affairs division of the Chicago police department, later questioned the victim about the events which occurred on the night of September 23, 1989. E.B. told Officer Koconis what defendant had done to him. On October 20, 1989, defendant was arrested and relieved of his duties as a police officer. On that same day, Officer Koconis had a conversation with defendant, in which defendant admitted that he had had sexual contact with Avila prior to the theft of his car and that he therefore did not want to press charges against Avila.

Later, during defendant’s trial, the State offered the testimony of C.B. to show defendant’s modus operandi. C.B. testified that he also had a sexual encounter with defendant and that he was 16 years of age at the time. C.B. told the court that on June 10, 1989, he was stopped by defendant for traffic and curfew violations and placed in defendant’s squad car. C.B. stated that he was then taken to the tenth district police station where defendant told him that he would not go to jail if he allowed defendant to perform fellatio on him. C.B. testified that defendant then took him into the public bathroom where defendant performed fellatio upon him. C.B.

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

People v. Lawrence, 626 N.E.2d 1165, 254 Ill. App. 3d 601, 193 Ill. Dec. 614, 1993 Ill. App. LEXIS 1455 (Ill. Ct. App. 1993).

626 N.E.2d 1165 (People v. Lawrence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Jackson
2024 IL App (1st) 221095-U (Appellate Court of Illinois, 2024)
People v. Cross
2019 IL App (1st) 162108 (Appellate Court of Illinois, 2020)
People v. REBECCA
2012 IL App (2d) 091259 (Appellate Court of Illinois, 2012)