People v. Oliver

713 N.E.2d 727, 306 Ill. App. 3d 59, 239 Ill. Dec. 196, 1999 Ill. App. LEXIS 437
Appellate Court of Illinois·Decided June 22, 1999·No. 1-97-1889·Published·Cited by 18 cases

Opinion

JUSTICE COUSINS

delivered the opinion of the court.

In 1997, a jury convicted the defendant of armed robbery and aggravated criminal sexual assault. The trial court sentenced him to consecutive terms of imprisonment for 30 and 60 years in the Illinois Department of Corrections.

The defendant appeals these convictions, arguing that: (1) the trial court erroneously permitted the prosecution to introduce experimental scientific evidence; (2) the prosecution misstated the results of DNA testing in closing argument; (3) the prosecution shifted the burden of proof to the defendant in questioning his expert witness as to why he had not conducted his own serology testing; (4) the probability figures based on the DNA tests should not have been admitted because they were substantially more prejudicial than probative; (5) the trial court should not have qualified a prosecution witness as an expert in population genetics; (6) the trial court erred in refusing to question the venire specifically on racial prejudice; (7) the trial court erroneously admitted evidence that revealed that the defendant had prior convictions; (8) the trial court erroneously denied a motion to exclude any reference to the victim’s family; (9) the trial court erred in refusing to allow the defense to introduce demonstrative evidence; and (10) the defendant was not proved guilty beyond a reasonable doubt.

BACKGROUND

This is the second time that this case appears before this court. We overturned the defendant’s initial conviction due to errors in voir dire. See People v. Oliver, 265 Ill. App. 3d 543, 637 N.E.2d 1173 (1994) (Oliver I).

On the morning of January 24, 1989, S.S. was on her way to the bus stop when she was forced at gunpoint into the vestibule of a nearby apartment building and raped. S.S. testified at trial that she was on her way to attend computer classes. The defendant grabbed her from behind and put a gun to her neck. She saw the defendant had grey glasses and a scar on the right side of his face. She recognized him as a man to whom she had been introduced several years before. She had been told that his name was “Ralph.”

The defendant ordered S.S. to remove her shoes and told her to walk. He warned her not to look at him, but she did. They stopped at a three-story apartment building. The defendant kicked open the outer door and forced S.S. into the entryway. He had her put down her purse, bookbag and shoes and then walk around. He then made her take off her jacket and pull up her sweater. He tried to cover her face with the jacket in order to keep her from seeing him. However, the jacket repeatedly fell off S.S.’s head during the course of the assault. The defendant had intercourse with S.S. and then forced her to perform fellatio. He ejaculated in her mouth and she spit out the semen.

Mildred Williams, a first-floor resident of the building, testified that she was conversing with a neighbor when she heard noises coming from the entryway. She went to see what was happening and saw the defendant, whose back was to her, and S.S. Ms. Williams, thinking that they were engaging in a consensual sex act, yelled and screamed “how dare they be in that lobby.” The defendant turned around and glanced at Ms. Williams, and then he walked away. He made a motion as if he were putting something in his waistband.

S.S. relates that as the defendant left he took her leather jacket. She screamed that she had been raped and Ms. Williams went out to help her. Ms. Williams called to a neighbor to dial 911.

The police then arrived and took S.S. to a hospital. She gave them a description of her assailant. She said that he had a scar on his face, wore glasses and was no more than two inches taller than she was. She said his name was Ralph. The police took photos of the crime scene and recovered semen and saliva samples from the floor.

A detective went to speak to Sharon Allison, who had introduced S.S. to Ralph. Ms. Allison told her that the real name of the person she had introduced to S.S. as “Ralph” was “Harold Oliver.” When she had introduced him, S.S. had said “I know you” because she had seen him several times at a YMCA social center. The police had mug shots of the defendant on file. The detective took the mug shots of the defendant as well as mug shots of several other African-American males in order to present S.S. with a photo array. S.S. picked the defendant’s photo out of the array.

The photo array was admitted as evidence at the trial over defense objection. The trial court had the part of the photos with the Department of Corrections plaque cut off before the photos were shown to the jury.

Two days after the assault, the police brought in the defendant. They did not find the leather jacket or the gun at his residence. Police officers searched the defendant and found a pair of glasses in his pocket. The defendant’s height was actually 5 feet 7 inches, much taller than S.S. had estimated. S.S. viewed a lineup with the defendant and identified him, but she said that he had been wearing glasses when he assaulted her. Ms. Williams was not able to pick the defendant out of the lineup.

The defendant was taken to the lockup. The police could not find the defendant’s glasses. They looked everywhere the defendant had been in the station. Then, in a routine search of the defendant before he was placed in the lockup, police found the glasses hidden under the defendant’s sweater in his armpit.

At trial the defendant presented an alibi defense. He worked at a law office a couple of miles from the crime scene. The office manager, Deborah Reasno, testified that the defendant had been at work when she arrived on the morning of January 24 between 8:15 and 8:30. She knew him as “Ralph.” Assistant State’s Attorney (ASA) Maureen Feerick testified that she had spoken to Ms. Reasno a few weeks after the crime and taken notes of the conversation. Ms. Reasno, ASA Feerick testified, had said that she arrived at work at 8:30 that morning.

Emmanuel Frank, a paralegal at the same law office, was a witness at a prior trial but was not available at this proceeding. His prior testimony was read into the record. He had testified that the defendant had arrived about 7:15 on the morning of January 24, and that he had not left before 10 or 10:30. He recalled that Ms. Reasno had arrived at the office at 8:30.

Dr. Harold Deadman, a former supervisor of the DNA analysis unit of the Federal Bureau of Investigation (FBI), testified for the State as an expert in DNA profiling. Dr. Deadman testified that he performed three sets of tests on the samples from the crime scene. First he performed a “Restriction Fragment Length Polymorphism” (RFLP) test according to FBI protocol. From this test he obtained an unusual result — only one band appeared on the gel. Nevertheless, the result was sufficiently definite for him to determine that: (1) the DNA in the tested sample was not consistent with the victim’s and thus probably came from the attacker; (2) the DNA was consistent with the defendant’s; and (3) the probability of a random match among African-American males was 1 in 41.

About a year later, in response to criticism from a defense expert, Dr.

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People v. Oliver, 713 N.E.2d 727, 306 Ill. App. 3d 59, 239 Ill. Dec. 196, 1999 Ill. App. LEXIS 437 (Ill. Ct. App. 1999).

713 N.E.2d 727 (People v. Oliver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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