People v. Pearson

623 N.E.2d 895, 252 Ill. App. 3d 1, 191 Ill. Dec. 305, 1993 Ill. App. LEXIS 1676
CourtAppellate Court of Illinois
DecidedNovember 10, 1993
Docket2-92-0567
StatusPublished
Cited by5 cases

This text of 623 N.E.2d 895 (People v. Pearson) 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. Pearson, 623 N.E.2d 895, 252 Ill. App. 3d 1, 191 Ill. Dec. 305, 1993 Ill. App. LEXIS 1676 (Ill. Ct. App. 1993).

Opinions

JUSTICE BOWMAN

delivered the opinion of the court:

The defendant, Jeffrey Pearson, was indicted on two counts of aggravated criminal sexual assault (111. Rev. Stat. 1991, ch. 38, par. 12— 14(aXl) (now 720 ILCS 5/12 — 14(aXl) (West 1992))) and one count of aggravated unlawful restraint (111. Rev. Stat. 1991, ch. 38, par. 10— 3.1 (now 720 ILCS 5/10 — 3.1 (West 1992))). A jury convicted the defendant of one count of aggravated criminal sexual assault (111. Rev. Stat. 1991, ch. 38, par. 12-14(aXl) (now 720 ILCS 5/12-14(aXl) (West 1992))) and one count of aggravated unlawful restraint (111. Rev. Stat. 1991, ch. 38, par. 10-3.1(a) (now 720 ILCS 5/10-3.1 (West 1992))). The defendant was sentenced to an 18-year term of incarceration. On appeal, the defendant asserts (1) he was not proved guilty beyond a reasonable doubt; (2) reversible error occurred when the tendered jury instructions omitted the element of the use of force or the threatened use of force; and (3) reversible error occurred when he was not permitted to introduce evidence of the complainant’s bias. We reverse.

At trial, the complainant testified. Her testimony was corroborated by the testimony of the defendant’s mother, Florence Tillery, and by the testimony of complainant’s sister, Rhonda Engle. The 25-year-old complainant testified that on October 24, 1991, at about 9:30 p.m., she went to Chuck and Berty’s home and smoked cocaine with them until sometime after 3:15 a.m., the last time she looked at a clock. Chuck and Berty were next-door neighbors and family friends of the complainant’s family as she was growing up. They had introduced her to cocaine. She would get cocaine from Chuck and Berty, or from the place on Oakley Avenue to which Berty took her. At that place, Berty introduced the complainant to a man named Foots so that she could buy the drug directly from him. By October 25, 1991, the complainant had been to Foots about five times to buy cocaine by herself.

When she left Chuck and Berty’s on October 25, 1991, she went to the place on Oakley Avenue. She planned to have Foots cash an $80 money order and sell her $30 worth of cocaine with part of the proceeds. However, Foots did not have any cocaine, but said that he was expecting a delivery in one hour. While deciding whether to wait or go home, the complainant was approached by the defendant.

The complainant explained that she had seen the defendant a few other times. She had first met the defendant two or three weeks prior to October 25, when she had gone to Oakley Avenue with Berty to see Foots. She and Berty had given the defendant and a man called “Scrap” a ride to pick up a package of cocaine. When they returned to Oakley Avenue, the defendant gave the complainant a hit off his pipe for giving him a ride. The defendant asked the complainant to call him Special, and when she told him that she was not comfortable with that, he said that was all she needed to know for now.

The complainant also testified that she also saw the defendant one night when she went over to Chuck and Berty’s. Berty was smoking cocaine. Berty and the defendant had words and then the defendant asked the complainant to give him a ride home. First, they stopped at a bar, and the complainant waited in the car, then they went to what defendant said was his sister’s house, and then finally the defendant directed the complainant to his house. She recalled that-his house was on Concord Avenue, right across from the projects. On this occasion, she merely let him off and did not go into the house. In addition to those two times, the complainant saw the defendant at Oakley Avenue off and on.

On October 25, 1991, when the defendant approached her, he asked if she was trying to make a purchase and asked to look at the money order. He tried to talk her into purchasing the full $80 worth, but she told him she wanted $50 of the money for a car payment. At this point, Foots was waiting for a delivery of more cocaine. Then the defendant said that if the complainant would give him a ride to his house, he had cocaine there. The complainant had never bought cocaine from the defendant, never smoked cocaine with the defendant besides that one hit, did not really know the defendant, and assumed she would be going into his house since the cocaine was inside. She had been standing, talking with Foots, when the defendant made his suggestion. Foots was someone who knew everybody who went to Oakley, so she turned to Foots and asked him if he thought this was okay. He kind of shrugged his shoulders, so the complainant said okay. At this point she was not frightened of defendant at all.

Then the complainant drove the defendant to his house. The fact that the defendant had been in the complainant’s car was corroborated by the testimony of Detective Houde and forensic scientist Powers that a partial latent fingerprint taken from the passenger side door above the door handle of the complainant’s car was made by the defendant. She again told the defendant that she was not comfortable with calling him Special and, while in the car, learned the defendant’s real name. When they arrived at the defendant’s house, the defendant explained that his mother was getting ready to leave for work. He told the complainant to stay in the car because his mother would not like him bringing a white girl into the house. The defendant then got out of the car and went to the door. His mother backed her car out so that it was next to the complainant’s. The defendant had trouble with his keys; his mother got out of her car, and they both went into the house. Then his mother came outside and got into her car, and the complainant and the defendant’s mother waved to each other as she left. The defendant’s mother, Florence Tillery, corroborated the complainant’s story that the complainant was at the house on October 25, 1991. Mrs. Tillery testified that she left for work at about 7 a.m. The defendant then signalled to the complainant that it was okay for her to come in. The complainant went in the back door and sat at the kitchen table. Defendant went upstairs.

The complainant yelled upstairs, asking if she could use the rest room. Defendant told her to go ahead. When she came out of the bathroom, she noticed that the lock on the back door was one that required a key to get out. She thought “oh no,” but then she thought that she was just being paranoid because things like that do not happen. The defendant then called down to her again and said, “Go ahead and come up.” The complainant told him that she would wait downstairs. The next thing she knew, he was downstairs and had hold of her. He held her arms and started pulling her upstairs. The complainant testified that she fought with everything she had by trying to grab a hold of the railing, walls, and anything she could. She remembered that she told him to please not rape her. He took her upstairs to a little bedroom.

Once upstairs, he kept trying to throw her on the bed. She tried to sit on the floor and was asking him, “please don’t rape me, please don’t hurt me.” The defendant said he was not going to rape her or hurt her. She asked him why he did not let her sit on the floor. He finally picked her up and put her on the bed forcibly and lay on top of her while they were both clothed.

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People v. Pearson
623 N.E.2d 895 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
623 N.E.2d 895, 252 Ill. App. 3d 1, 191 Ill. Dec. 305, 1993 Ill. App. LEXIS 1676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pearson-illappct-1993.