People v. Roe

592 N.E.2d 596, 228 Ill. App. 3d 628, 170 Ill. Dec. 160, 1992 Ill. App. LEXIS 660
CourtAppellate Court of Illinois
DecidedApril 30, 1992
Docket4-91-0463
StatusPublished
Cited by12 cases

This text of 592 N.E.2d 596 (People v. Roe) 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. Roe, 592 N.E.2d 596, 228 Ill. App. 3d 628, 170 Ill. Dec. 160, 1992 Ill. App. LEXIS 660 (Ill. Ct. App. 1992).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In April 1991, a jury convicted defendant, Edward James Roe, of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(a)(1)) and home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12— 11(a)(1)). In June 1991, the trial court sentenced him to concurrent sentences of 24 years in prison for aggravated criminal sexual assault and 10 years in prison for home invasion. Defendant appeals, arguing that (1) the State failed to prove him guilty beyond a reasonable doubt, (2) the trial court improperly permitted the State to introduce evidence of defendant’s other crimes, and (3) the prosecutor’s closing argument deprived defendant of a fair trial.

We affirm.

I. Facts

At 6 p.m. on Monday, August 27, 1990, the victim, L.M., a 24-year-old woman, went to the trailer of Bill Evans, her boyfriend. She left the trailer only once that night, walking to a store to get some Cokes. The route she walked took her past the Shady Rest Motel.

Sometime between 11 and 11:30 p.m., Evans left the trailer to go to work. L.M. locked the doors after he left. Because the weather was extremely hot and the trailer had no air conditioning, she left the trailer’s windows open. L.M. lay down to watch T.V. and fell asleep. Around 3 in the morning, she awakened and saw a man standing across the room. The man was wearing one of Evans’ black T-shirts over his head. The man had cut holes in the shirt for his eyes and mouth so that L.M. could not see his face or hair. He wore another black T-shirt that came down to his waist, and had sleeves almost to the elbow. He was naked from the waist down. In his hand he held a pocketknife with its blade extended. L.M. described the knife as “a small lock blade with brass on both ends ***[;] it had three brass dots on it.”

L.M. screamed and the man quickly came over to her. She then grabbed both of his hands and cut her finger on the pocketknife. He told her to take her clothes off, and she complied. She was afraid and asked him not to kill her. After L.M. undressed, the man fondled her breasts and then had sexual intercourse with her, during which he kept the knife at her throat. L.M. described the man as reeking of alcohol.

After the man ejaculated, he got up and walked over to the coffee table on which L.M.’s cigarettes were located and asked if he could have one. L.M. said yes and asked if she could have one, too. The man picked up L.M.’s pack of cigarettes, took one for himself, and gave one to L.M. He was not wearing gloves at the time. L.M. had bought the pack of cigarettes Friday or Saturday at the Shop ’N Save grocery store where she then worked, and she was raped Monday night after midnight. Since she purchased the cigarettes, she had kept the cigarette pack in her purse prior to the evening in question. She testified that only she, Evans, and the rapist touched the cigarette pack.

As L.M. was seated on the couch on which the man had raped her, she observed him get the cigarettes and estimated him to be approximately 5 feet 9 inches tall, 160 pounds, with brown eyes. She did not notice any scars or tattoos but did notice that he had little or no pubic hair. She explained that because the lighting in the trailer was dim, she could not be sure about whether he had no pubic hair or whether it was simply cut short. Similarly, she could not see the rapist’s eyes particularly well, nor could she tell the rapist’s hair color. The rapist left without removing the T-shirt he wore on his head, and at trial L.M. was unable to identify defendant as the man who raped her.

L.M. called the police after the rapist left. When they arrived at the trailer, she pointed out the pack of cigarettes that the rapist had handled. A fingerprint expert later testified that one of the fingerprints on the package belonged to defendant. Of the three latent fingerprints on the pack’s cellophane wrapper suitable for comparison, the expert testified that two belonged to L.M. and one belonged to defendant.

A few days after this incident, when L.M. was back at work at Shop ’N Save, Gary Heckwine walked into the store and said “Well, isn’t it a good fuck.” L.M. thought Heckwine might be the man who raped her because of this comment, the sound of his voice, and his similarity in height and weight to that of the rapist. Because she never saw the face of the man who raped her, Heckwine’s facial features had nothing to do with her belief that he was the rapist. Heck-wine’s fingerprints were not found on the cigarette pack.

Shirley Creighton, who lived in the same neighborhood as Evans, testified that about 4 a.m. on September 16, 1990 (two weeks after L.M.’s rape), she was in bed with her 21/2-year-old daughter when she heard a loud noise. She looked down on the floor and saw a man lying there. She could not see his face because it was covered by the afghan that had been on her bed. She went to the front room where her husband was sleeping, awakened him, and told him someone was lying on the floor of their bedroom. Her husband then went to their bedroom, and she heard the men wrestling and furniture breaking. Because they did not have a phone, she fled the house in order to call the police. She never saw the man’s face. Later that day, she discovered that the screen in her back door was cut.

Larry Creighton testified that around 5 a.m. on September 16, 1990, he was asleep on his living room couch when his wife awakened him and said, “Somebody is in our bedroom.” When Creighton went in the bedroom, he saw defendant, who was not masked, standing in the comer. Creighton had never before seen defendant. Creighton struggled with defendant and then threw him out the door of his residence. As they struggled, defendant yelled, “Where the hell am I?” Creighton detected a strong odor of whiskey about defendant.

Creighton “guessed” the defendant to be approximately 5 feet 9 inches tall and to weigh 150 pounds. Creighton described himself at around 5 feet 71/2 inches tall and weighing 165 pounds. At a police lineup on October 26, 1990, Creighton positively identified defendant as the man Creighton discovered in his residence.

The morning after this incident, Shirley Creighton found her daughter in the bedroom holding a knife that had its blade extended. She contacted the police about the knife, and L.M. ultimately identified it at trial as the one used by the man who raped her. Larry Creighton also testified that his child found a pocketknife on the bedroom floor of his residence after the incident. Creighton said the knife was not in his home before defendant entered.

Deputy Sandra Hinsey of the Sangamon County sheriff’s department, the lead investigator in this case, testified that her investigation was at a standstill until she learned of the incident at the Creighton residence. Hinsey thought that the same individual might be involved in both incidents because (1) the Creighton residence was only a few blocks from the Evans' trailer, (2) the man involved generally fit the description given by L.M., (3) the similar time of the incident, and (4) the presence of the knife at both incidents.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 596, 228 Ill. App. 3d 628, 170 Ill. Dec. 160, 1992 Ill. App. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roe-illappct-1992.