People v. Osborn

368 N.E.2d 608, 53 Ill. App. 3d 312, 11 Ill. Dec. 57, 1977 Ill. App. LEXIS 3462
CourtAppellate Court of Illinois
DecidedSeptember 26, 1977
Docket76-542
StatusPublished
Cited by43 cases

This text of 368 N.E.2d 608 (People v. Osborn) 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. Osborn, 368 N.E.2d 608, 53 Ill. App. 3d 312, 11 Ill. Dec. 57, 1977 Ill. App. LEXIS 3462 (Ill. Ct. App. 1977).

Opinion

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After a bench trial, Mark L. Osborn (defendant), was found guilty of rape (Ill. Rev. Stat. 1975, ch. 38, par. 11—1) and two acts of deviate sexual assault (par. 11—3). He was sentenced to 5 to 15 years on the rape conviction. He appeals.

In this court, defendant contends that the court erred in admitting hearsay outcry evidence and in considering evidence of other crimes or criminal acts disassociated with the charges for which defendant was tried; the evidence was insufficient to prove defendant guilty beyond a reasonable doubt and the court considered improper evidence in sentencing the defendant.

The complainant testified that on December 2, 1974, she made a telephone call in response to a help-wanted advertisement in the Chicago Tribune. She recorded her name and phone number on the telepone answering machine. On December 15, the witness received a return telephone call from a man who identified himself as Doctor Mark Osborn of the National Institute of Behavior Counseling. During this call a job interview was scheduled. Three days later the witness met defendant in the prearranged location, a Chicago apartment with appearance similar to an office. A 15-minute interview was ended with no decision about the job. Defendant later told the witness that he lived in the apartment.

The witness testified that on January 11, 1975, defendant called and invited her to a hockey game. She refused. On January 17, defendant again called. He said he wanted to finish discussing the job interview. He invited her to attend a basketball game with him and another couple. She told him that she was going to a party at a friend’s home. They agreed to go to the party and also to the game the following evening.

The witness further testified that she and defendant went to the party at the apartment of her friends David and Nickey Krause. After defendant’s friends, Howard McArthur and a woman named Nancy, arrived at the party, the two couples went to a basketball game. They returned to the party where they stayed until about 12:30 a.m. After the two couples left the party, defendant remarked that it was a cold night and asked the witness whether he could come up to her apartment for coffee and she agreed.

The witness fixed a hot drink for defendant and they conversed for a short time. Defendant then said, “I usually go to bed with everybody I go out with.” The witness testified that she responded, “I don’t.” Defendant also said, “[I]f I don’t go to bed with a woman I don’t call her again.” The complainant answered, “[T] hat’s fine with me, you don’t have to call me again.” After further conversation, at defendant’s request the witness brought him a beer, which he preferred over the tomato juice she had also offered.

Defendant said he planned to leave but first had to use the washroom. The witness testified defendant then walked down a hall where the bathroom was located directly to the left of the kitchen. The witness did not see him enter the bathroom and he returned 8 to 10 minutes later. Defendant sat next to her on the couch and said, “I don’t want to alarm you but I’m going to have sex with you.” He grabbed and squeezed her throat and pushed her back onto the couch. Defendant lay on top of the witness and held a knife at her throat. She testified she recognized the knife as a steak knife from her kitchen drawer. She tried to scream but was unable to do so.

Defendant ordered the witness to undress while he counted up to five. He got up and stood next to the couch. She did nothing but told him, “I know who you are and I know where you live. You can’t do something like this.” Defendant told her, “[I]f you go to anybody or you say anything I’ll come back here and get you.” He squeezed her throat harder than he had the first time. When the witness tried to push him away, defendant continued to hold the knife at her throat. She testified further that defendant said, “you don’t believe I’m going to use this knife ° ° and then ran the knife blade across her thumb, piercing her skin. When defendant again ordered her to undress, she complied and he also removed his clothes.

The complainant related that defendant refused her request for permission to leave the room to remove a sanitary device she wore because of her menstrual period. She removed the device in the living room upon defendant’s order. The witness was crying and asking defendant to “get out” and to “please leave me alone.” She testified that defendant then pushed her onto the couch and forced her mouth into contact with his penis for 5 seconds. He then placed his mouth on her vagina for about a minute. The witness was crying and sobbing. Defendant lay on top of her, forced her legs apart and engaged in three acts of intercourse during the next half hour. She testified that during this time she cried and held her hands over her face.

After the final act of intercourse, the witness told defendant to get out and he permitted her to put on clothing. Defendant remained in the apartment for 45 minutes. The complainant related, during this time defendant warned her that “nobody better find out about this.” He left the apartment at about 4 a.m.

The witness testified that she stayed on the couch, wrapped in blankets until she arose at about 10 the next morning. At that time, she telephoned the Rape Crisis Line and to the person who answered she said that she “wanted to report a rape.” She did not speak to a member of the organization which operated the crisis line. About 1 minute later, she telephoned her friend Nickey Krause and told her she had been raped. She also said that she was “afraid to be in the apartment because Osborn had threatened to come back.” About an hour later, the witness also called her mother. That night she slept at the Krause apartment.

During cross-examination, the complainant testified that she met defendant on January 18 because she was interested in the job but that she and defendant did not discuss employment that evening. When she and defendant were sitting on the couch after the witness had brought him a hot drink, defendant put his arm around her and did not remove it when told todoso.Hethentouchedher breast and was “gettingfriendly”withher.

That evening, she stated during cross-examination, she did not see defendant in her kitchen. When he returned from the bathroom she did not see his hands. The kitchen is 6 to 7 feet further down the hall from the bathroom. She also testified that she took a shower soon after defendant left her apartment. She did not speak to the police until the Saturday following the incident and she did not go to a hospital until two weeks later when she obtained a venereal disease test. She testified that she did not tell her mother about the rape dining their phone conversation on January 19.

David Krause testified that during the party at his apartment on January 18, he saw the complainant remove her arm from defendant’s hand and shrug his hands from her shoulders. He also related that he and his wife went to the complainant’s apartment the afternoon of January 19, and took her back to their apartment where she stayed overnight. When they arrived at the complainant’s apartment that afternoon, she was pale and white and had circles under her eyes.

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Cite This Page — Counsel Stack

Bluebook (online)
368 N.E.2d 608, 53 Ill. App. 3d 312, 11 Ill. Dec. 57, 1977 Ill. App. LEXIS 3462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-osborn-illappct-1977.