People v. Lawrence

631 N.E.2d 852, 259 Ill. App. 3d 617, 197 Ill. Dec. 630, 1994 Ill. App. LEXIS 434
CourtAppellate Court of Illinois
DecidedMarch 29, 1994
DocketNo. 2-92-0454
StatusPublished
Cited by3 cases

This text of 631 N.E.2d 852 (People v. Lawrence) 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. Lawrence, 631 N.E.2d 852, 259 Ill. App. 3d 617, 197 Ill. Dec. 630, 1994 Ill. App. LEXIS 434 (Ill. Ct. App. 1994).

Opinion

JUSTICE PECCARELLI

delivered the opinion of the court:

Defendant, Thomas Lawrence, was found guilty by a jury of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(a)(2) (now 720 ILCS 5/12 — 14(a)(2) (West 1992))) and sentenced to six years’ imprisonment. Defendant appeals, contending: (1) that the prosecutor’s closing argument, wherein he referred to defendant’s failure to call potential alibi witnesses, substantially prejudiced defendant and denied him a fair trial; (2) that the prosecutor’s post-trial reference to a polygraph test prejudiced the trial court’s consideration of defendant’s post-trial motions; and (3) that the complainant’s identification testimony was insufficient to convince a rational jury that defendant was guilty beyond a reasonable doubt.

At trial, the complainant, Michele Luhman, testified that she had been raped by defendant on September 11, 1991, at the Inn Town Motel in Rockford where she was temporarily residing with her children, Michael, five years old, and Melissa, three years old. Prior to the rape, Luhman had seen defendant on two prior occasions. On the previous Friday, the day she moved into the motel, defendant had attempted to assist her in unlocking her motel room door, which would not open. Defendant was unsuccessful, and Luhman asked the maintenance man to assist her. Luhman did not recall the exact date of her second encounter with defendant. On that occasion, she and a male friend were standing outside the motel when defendant approached with a pizza and some pop. Defendant dropped some of the pop cans, and Luhman picked them up and handed them to defendant. Defendant would later testify that this second encounter occurred early in the evening preceding the date of the alleged attack.

On the date of the rape, Luhman went to sleep at about 9 or 9:30 p.m. She had turned off the lights and was sleeping in the same bed as her son; her daughter was sleeping in the other bed in the room. At about 11:30 p.m. she was awakened by a knock at the door. Luhman turned on the lamp by the door and looked out the peephole in the door. She saw a lady whom Luhman was planning on driving to work the next day. Luhman opened the door and spoke with the woman, confirming that she intended to give the woman a ride in the morning. Luhman locked the door and went back to bed.

Approximately one-half hour or 45 minutes later, Luhman was awakened by another knock at her door. Luhman stated that she was still slightly awake. She grabbed something to throw around herself, as she had been sleeping in nylons and a top. Luhman recalled that she turned on the lamp on the table by the door and looked through the peephole. The florescent lights in the hallway, one of which was about a foot from her door, made the hallway "quite bright.” Through the peephole, Luhman saw the man who had assisted her with her lock and whom she had helped with the pop cans. He was wearing a black top and dark, but not black, pants.

Luhman said that she was "kind of sleepy” and "groggy” so she opened the door with the chain on and looked out to see if the person was the individual she thought he was. According to Luhman, the man was mumbling but said something about hotel business. Luhman could not comprehend what he was saying and feared that something was wrong in the hotel so she opened her door. Luhman stated that she was standing behind the door when she smelled the odor of alcohol on the man’s breath and became worried. Luhman testified that the man walked into her room, shut the door, and proceeded to lock it. Luhman, who said that she was still not wide awake, woke up "real quick” when he locked the door. Luhman recalled that she moved away from the door, looked toward the window, and started screaming. According to Luhman, the man grabbed her and put his hand over her mouth. She could not recall if he was behind her or in front of her when he covered her mouth. She did recall that she tried to bite him while his hand was covering her mouth. She did not know whether she was successful but was 90% certain that she had bitten him.

Luhman stated that the man threw her down between the two beds, that she hit her head on the frame of one of the beds, and that she felt pain. Luhman testified that she did not know whether she fainted or passed out momentarily because she did not remember how she ended up on top of the bed.

Luhman said that the man had his pants off. She described the pants as "dress type jeans — dress type pants.” They were not sweat pants, and they were not made of a bright, shiny, nylon-type material. She did not notice if the pants had an elastic band or a zipper but they were the kind of pants "you really have to pull *** to get them up.”

Luhman recounted that the man pulled down her nylons and tried to stick his penis in her vagina. Luhman stated that she wanted to scream, but he told her to shut up or he would slit her throat. Because of that threat and the fact that she feared for her children’s safety, she did not scream. The man could not get an erection so he tried to get Luhman to masturbate him or to put his penis in her mouth. She refused to do either. The man tried again to insert his penis in Luhman’s vagina. When he failed, he shoved his fingers up her vagina so far that she experienced excruciating pain. At the time of the attack Luhman was menstruating and was wearing a tampon. Luhman testified that during the attack she was on her back for 10 to 15 minutes, looking at the man’s face nearly the whole time.

During the attack, Luhman’s daughter awoke. Luhman pleaded with her attacker to stop and leave. The man agreed to leave and began getting dressed. He told Luhman that if she told anyone what had happened, he would return.

After the man left, Luhman hid in the corner of her room for awhile because she was afraid he would return. Then, she grabbed the phone and called an elder from her church. She told him that a man had tried to rape her. The elder advised her to call the police. Luhman stated that she was afraid to call the police because she thought the man would return and hurt her. Instead, she telephoned her father at work. Her father tried calming her over the phone while also notifying the police.

Two police officers arrived at Luhman’s room while she was still talking to her father. Luhman recalled that she related to the officers what had happened to her. She described her attacker, stating that he was a black man wearing dress pants and a black shirt. Luhman acknowledged that she described the shirt as long-sleeved although she really was not certain whether it was long-sleeved or short-sleeved because she was concentrating on defendant’s face during the attack. Luhman explained that if a black man is wearing a black shirt and if one is fearing for her life at the time, "how can you tell if it’s long or short [sleeved]?” Luhman was shown a photograph of defendant taken on the date of the attack and asked, "[Y]ou couldn’t tell the difference between his skin color and t-shirt [szc] [he was wearing]?” The photograph showed that defendant was light-skinned and wearing a short-sleeved black T-shirt and gray pants. Luhman responded that she was not paying attention to what defendant was wearing. She was concentrating on his face as well as on getting away from him and getting him out of her room. Luhman acknowledged that she did not notice a mustache on her attacker.

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

Related

People v. Woods
684 N.E.2d 1053 (Appellate Court of Illinois, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
631 N.E.2d 852, 259 Ill. App. 3d 617, 197 Ill. Dec. 630, 1994 Ill. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawrence-illappct-1994.