People v. Murff

574 N.E.2d 815, 214 Ill. App. 3d 1034, 158 Ill. Dec. 702, 1991 Ill. App. LEXIS 970
CourtAppellate Court of Illinois
DecidedJune 11, 1991
Docket1-88-2563
StatusPublished
Cited by7 cases

This text of 574 N.E.2d 815 (People v. Murff) 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. Murff, 574 N.E.2d 815, 214 Ill. App. 3d 1034, 158 Ill. Dec. 702, 1991 Ill. App. LEXIS 970 (Ill. Ct. App. 1991).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Defendant appeals his jury conviction of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12—14), raising as issues whether (1) the State used its peremptory challenges to systematically exclude jurors based on race, (2) the circuit court improperly admitted prejudicial evidence, and (3) defendant was proved guilty beyond a reasonable doubt. We affirm, for reasons which follow.

At trial, I.A. testified that at around 11 p.m. on August 10, 1987, while walking home alone, she saw defendant, whom she had known for several years. Defendant offered to share his bottle of wine, but I.A. declined. After talking for a short time, defendant grabbed I.A. by the arm and dragged her 20 to 25 feet into an apartment building on south State Street. He took her to a back hallway on the first floor, where they struggled on the ground. Defendant managed to pull I.A.’s pants down, and he struck her face several times. He lowered his own trousers and inserted his penis into her vagina. Defendant also placed his penis in I.A.’s mouth. Afterwards, he apologized and asked I.A. not to tell anyone what had happened.

I.A. ran to her apartment and telephoned her sister, D.A. She also called the police, but did not speak to an officer that night. She was very distraught and cried herself to sleep. D.A. arrived the next morning and summoned the police again. When an officer arrived, I.A. reported defendant’s name and physical description and showed the officer where the incident had occurred. She then went to the hospital for treatment of her injuries. On cross-examination, I.A. denied that she had been drinking before the incident.

D.A. testified that she received a call from I.A. after 11 p.m. on August 10, 1987. I.A. was crying, her speech was slurred, and she said that defendant had raped her. D.A. went to LA.’s apartment the next morning where she called the police. I.A. was crying and had slept in her clothes, which were visibly dirty.

Chicago police officer Anthony Mickel went to I.A.’s apartment on the morning of August 11, 1987. I.A. had a bruise on her forehead, was noticeably upset, and wore dirty clothes. She described the incident and showed Mickel where it had occurred. She also gave him defendant’s telephone number.

Samples of I.A.’s saliva and vaginal fluid were taken at the hospital after the incident. Further, blood and saliva samples were taken from both I.A. and defendant prior to trial. Pamela Fish, a serologist in the police department crime lab, testified that she analyzed the samples and found spermatozoa in the vaginal smear taken from I.A. following the incident, but not in the oral smear. Fish also conducted tests to determine the blood type of the bodily fluids on the vaginal swab. Based on her analysis, she concluded that defendant was in the group of people that could have deposited semen in I.A. On cross-examination, however, Fish admitted that 25% of the population has blood with similar characteristics and could also be included in this group.

The State rested, and defendant’s motion for a directed verdict was denied.

Defendant testified in his own defense. He stated that he saw I.A. on the night of the incident with several people. He talked to her for almost an hour, and they shared a bottle of wine. When two men approached with more wine and began talking to I.A., defendant left and eventually went home. He denied ever having placed his penis in LA.’s mouth or vagina and said he did not assault her.

The jury found defendant guilty of both counts of aggravated criminal sexual assault. (Ill. Rev. Stat. 1987, ch. 38, par. 12—14.) The court sentenced defendant to 15 years in the custody of the Department of Corrections.

I

Defendant, who is black, first alleges that he should have been granted a mistrial because the State used its peremptory challenges to exclude black jurors in violation of Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712.

During voir dire, the State peremptorily challenged a total of three prospective jurors, all of whom were black. After the jury was sworn, defense counsel moved for a mistrial claiming that the State had systematically excluded blacks from the jury. Before determining whether defendant had made out a prima facie case of purposeful discrimination, the court invited explanation from the State as to the bases for its peremptory challenges. At no time prior to its ruling on the motion did the court determine whether defendant had established a prima facie case.

Batson requires that defendant make a prima facie case of discrimination by relying on the fact that peremptory challenges facilitate discrimination and by showing that (1) defendant belongs to a cognizable racial group, (2) the State peremptorily challenged venire members who belonged to that group, and (3) these facts “and any other relevant circumstances raise an inference” of purposeful racial discrimination. (Batson, 476 U.S. at 93-96, 90 L. Ed. 2d at 85-88, 106 S. Ct. at 1721-23.) As a general rule, however, the mere number of blacks peremptorily challenged, without more, will not establish a prima facie case. People v. Mahaffey (1989), 128 Ill. 2d 388, 413-14, 539 N.E.2d 1172.

Our supreme court has cautioned against collapsing what ought to be a methodical Batson hearing into an undifferentiated review of defense and State contentions as was done in the present case. (See People v. Hope (1990), 137 Ill. 2d 430, 456-57, 560 N.E.2d 849.) The State is not allowed to interrupt the prima facie hearing stage by tendering reasons for its peremptory challenges, as those reasons “would constitute a thumb on the scales that weigh the prima facie submission, which would undermine the very concept of a prima facie case as outlined in Batson." (People v. Garrett (1990), 139 Ill. 2d 189, 201, 564 N.E.2d 784.) Further, the circuit court’s invitation for State explanations does not create a presumption that defendant had established a prima facie case. Garrett, 139 Ill. 2d at 201-02.

In Garrett, which is similar to the case sub judice, defense counsel moved to dismiss the jury on the ground that the State had used five of its six peremptory challenges to exclude blacks, but did not cite any other circumstances that arguably might have supported a prima facie case of racial discrimination. The circuit court held a “consolidated hearing” at which it considered the State’s explanations and defendant’s own justifications for striking venire members, but never expressly found whether defendant had established a prima facie case. Defendant’s motion to strike the jury was denied. The supreme court held that in evaluating a prima facie submission, the State’s explanations of its peremptory challenges were irrelevant, as were defendant’s explanations of his own challenges to black venire members.

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Bluebook (online)
574 N.E.2d 815, 214 Ill. App. 3d 1034, 158 Ill. Dec. 702, 1991 Ill. App. LEXIS 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murff-illappct-1991.