People v. Shockley

551 N.E.2d 1370, 195 Ill. App. 3d 148, 141 Ill. Dec. 842, 1990 Ill. App. LEXIS 333
CourtAppellate Court of Illinois
DecidedMarch 16, 1990
DocketNo. 2—88—0381
StatusPublished
Cited by2 cases

This text of 551 N.E.2d 1370 (People v. Shockley) 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. Shockley, 551 N.E.2d 1370, 195 Ill. App. 3d 148, 141 Ill. Dec. 842, 1990 Ill. App. LEXIS 333 (Ill. Ct. App. 1990).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Defendant, James Shockley, was charged by indictment with aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12—14(a)(2)). The grand jury later amended the indictment to charge defendant with criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12—13(a)(1)). Following a jury trial, defendant was found guilty and was sentenced to 10 years’ imprisonment. On appeal, defendant contends that: (1) he was not proved guilty beyond a reasonable doubt; and (2) his right to confront witnesses was violated by not requiring the State to disclose the complainant’s new address. We affirm.

At trial, the State’s first witness was the complainant, Fritzi. Fritzi testified that on August 8, 1987, she went to the Wrens Roost bar with two friends, John Cerqua and Janice Cohen. Fritzi stated that they arrived at the bar at approximately 4:30 p.m., sat down at a table, and were joined shortly thereafter by a person known as “James.” Fritzi began to talk to James about his tattoo on his arm depicting “a naked lady with a dragon wrapped around it.” James told her that he was from Kentucky and currently lived in Aurora, Illinois. Fritzi later identified James as being the defendant in this case.

Fritzi further testified that they stayed at the Wrens Roost for approximately one hour and drank two beers each. After leaving the bar, Fritzi, her two friends, and defendant went to a nearby bar, the Cove. Fritzi and defendant each had one beer at the Cove and left approximately 30 to 45 minutes later to visit defendant’s friend in a nearby apartment. Fritzi stated that both of her friends accompanied her and defendant to the apartment in defendant’s automobile, although defendant was the only one to actually go into the apartment. Defendant parked the car in an alley and returned approximately 15 minutes later and drove to another bar, Bernie’s.

Fritzi stated that the four of them stayed at Bernie’s for an hour or more, consuming approximately two beers each. Fritzi saw a friend of hers, Dave Dieters, at the bar, but did not talk with him. Shortly thereafter, Fritzi left Bernie’s with defendant to go to another bar, John’s B & B. John and Janice both stayed at Bemie’s and did not go to John’s B & B. Fritzi testified that she rode with defendant in his car to get to John’s B & B, arriving at approximately 8:30 p.m. Fritzi and defendant each drank two or three beers at John’s B & B before leaving at approximately 9:30 p.m. to visit another bar, Nickels.

Fritzi stated that defendant stopped for gas on the way to Nickels and purchased a six-pack of beer. Defendant told Fritzi that he wanted to drive around and drink the beer, but she requested that he take her home. Defendant continued to drive around and eventually stopped at the Hesed House, which Fritzi described as a shelter for the homeless to stay in the winter. After arriving at the house, Fritzi stated that she saw a blue pickup truck nearby and started to run toward it. However, defendant stopped her, grabbed her mouth and told her to stop screaming. Defendant told her that he had a gun, pushed her onto the ground and removed her pants. Defendant then got on top of her and engaged in sexual intercourse with her. Fritzi stated that she was afraid that defendant would kill her if she did not cooperate with him.

Fritzi further stated that defendant drove her into downtown Aurora following the sexual activity. Defendant dropped her off approximately one block from the Wrens Roost, and Fritzi walked toward the bar. She saw her friends John and Janice standing outside of the bar and told them that she had been raped. She asked John to call the police, and an officer arrived approximately 10 minutes later. The officer drove Fritzi back to the Hesed House before taking her to the hospital to receive medical treatment. Fritzi stated that the blue pickup truck was still parked at the Hesed House when she returned. Fritzi testified that her foot hurt after the attack, but X rays did not reveal any broken bones.

On cross-examination, Fritzi testified that she participated in a lineup in which she had an opportunity to hear and see five individuals. Fritzi stated that she did not think defendant was one of the five persons, “[b]ut if he is, it’s [sic] No. 2.” After being shown a picture of the lineup, she agreed with defense counsel’s statement that defendant “is the only person in this courtroom who’s in the picture.” She also stated that she spoke with Detective Deborah Porter of the Aurora police department on August 12, 1987, and told her that someone removed some money from her pocket after the incident. However, she was unsure of the amount of the money taken from her, although she was sure that it was less than $30.

John Cerqua testified that he went to a “couple of bars” with Fritzi and Janice Cohen on August 8, 1987. Cerqua stated that they met a man known as “Hillbilly James” at the Wrens Roost. Cerqua later identified defendant as the man he knew as Hillbilly James. After visiting two bars, Fritzi and defendant went on their own to go to another bar. Cerqua stated that he and Cohen did not accompany them because they did not have any more money.

Cerqua further testified that he and Cohen went back to the Wrens Roost at approximately 11 p.m. and saw Fritzi walking toward the bar. Cerqua described Fritzi as “all shooken [sic] up, crying and walking with a limp.” Cerqua also noticed that Fritzi had mud on the back of her shirt and that her jeans and feet were dirty. Cerqua stated that Fritzi did not have mud or dirt on her before she went to the bar with defendant. Fritzi told Cerqua that she had been raped, and he went inside the bar to call the police. Cerqua stated that he went in the police car with Fritzi and Cohen to visit the rape scene and then to the hospital.

Cerqua stated that he, along with Dave Dieters, saw defendant again on August 11, 1987. Cerqua noticed defendant “peeking around the corner” near the Wrens Roost, and he began to chase after defendant. Cerqua chased defendant into an apartment building and waited for the police to arrive. Cerqua stated that defendant left the apartment building after the police arrived and began to talk with the officers.

The State’s next witness, Dave Dieters, testified that he saw defendant with Fritzi at Bernie’s Bar on August 8, 1987. Dieters stated that he was a friend of Fritzi’s but did not talk with her because she was with defendant at the bar. Dieters did not see Fritzi again that night.

Dieters also testified that he saw defendant again on August 11, 1987. Dieters stated that he “chased down” a police officer, explained what was happening, and began to run after defendant with John Cerqua. Dieters did not see defendant enter the apartment building, but did observe him leave the building and begin to talk to the police officers.

Officer Danny Crissip of the Aurora police department testified that he was directed to investigate a possible sexual assault on August 8, 1987, at approximately 11 p.m. After arriving at the Wrens Roost, Officer Crissip saw Fritzi and was told that she had just been raped. Fritzi also provided a description of her attacker to Officer Crissip.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Carini
626 N.E.2d 297 (Appellate Court of Illinois, 1993)
People v. Wych
617 N.E.2d 1285 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 1370, 195 Ill. App. 3d 148, 141 Ill. Dec. 842, 1990 Ill. App. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shockley-illappct-1990.