People v. Sommerville

549 N.E.2d 1315, 193 Ill. App. 3d 161, 140 Ill. Dec. 443, 1990 Ill. App. LEXIS 53
CourtAppellate Court of Illinois
DecidedJanuary 19, 1990
Docket2-88-0696
StatusPublished
Cited by54 cases

This text of 549 N.E.2d 1315 (People v. Sommerville) 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. Sommerville, 549 N.E.2d 1315, 193 Ill. App. 3d 161, 140 Ill. Dec. 443, 1990 Ill. App. LEXIS 53 (Ill. Ct. App. 1990).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Defendant, William Sommerville, was charged by information with aggravated criminal sexual assault. (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 14.) Following a jury trial, defendant was found guilty of the offense and sentenced to eight years’ imprisonment. Defendant filed a timely notice of appeal. We reverse and remand.

The following evidence was adduced at trial. The complainant, Valerie, testified that she, along with her two minor children, moved into a new apartment on June 19, 1987. At approximately 2 a.m. on June 20, 1987, the doorbell rang. Valerie testified that she went to the door and observed defendant standing outside. Valerie opened the door and defendant asked if Thomas was there. Valerie told defendant that Thomas did not live there and shut the door.

Valerie stated that she went back to her bedroom and telephoned her fiance, Anthony Bellino. While she was talking with Bellino, the doorbell rang again. Valerie ignored the doorbell, hung up the phone, and went to sleep. Some time thereafter, Valerie woke up and saw defendant in her bedroom. Valerie stated that she “screamed” and then defendant “jumped on top of me and put a pillow over my face.” Defendant then told Valerie to keep quiet or he would kill her and her children. Defendant then removed Valerie’s clothing and forced her to engage in sexual intercourse. Following the incident, defendant asked for and received Valerie’s telephone number. Defendant told Valerie that he had the keys to her apartment and that she would see him again.

After defendant left the apartment, Valerie telephoned Bellino and told him that she had been raped. Valerie also phoned the police and was taken to the hospital shortly thereafter. After being examined at the hospital and released, Valerie went back to her apartment with Bellino. Detective Mark Brictson of the Elgin police department arrived and informed Valerie that a “tap” would be placed on her telephone line.

Valerie testified that defendant did in fact call her later in the day. Valerie stated that defendant apologized for what he had done and asked if she would meet him at Cassiddy’s Bar. Valerie agreed, but told defendant to call her back. Defendant did call back approximately 15 minutes later and was subsequently arrested.

On cross-examination, Valerie testified that she had seen defendant several times before June 20, 1987. Valerie stated that defendant approached her at a laundromat in March 1987 and introduced himself to her. Defendant also told her that he left a note at her apartment with his phone number on it, which Valerie did in fact receive. Valerie also stated that she saw defendant driving his car by her apartment “all the time.” She admitted that she “recognized” defendant from these events, but did not actually “know” him.

Officer William Soulier of the Elgin police department testified that he responded to a police radio dispatch at 5:26 a.m. on June 20, 1987, concerning a sexual assault. Officer Soulier stated that Valerie was emotionally upset and crying when he arrived at her apartment. Valerie told Officer Soulier that she undressed, went to sleep, was awakened by a black man, and was forced to have sexual intercourse with him.

Roxanne Sronkowski, a registered nurse at Sherman Hospital, testified that she admitted Valerie to the hospital. Nurse Sronkowski stated that Valerie was emotionally upset when she entered the emergency room, but that there were no bruises, abrasions, or cuts on Valerie’s body. The nurse did notice dirt marks under Valerie’s chin.

The parties also stipulated that Dr. Kumar Alagappan examined Valerie in the emergency room and observed that Valerie was “tearful” during the examination. Dr. Alagappan did not notice any abrasions on her body. The doctor’s final impression was “alleged rape.”

It was further stipulated that Cynthia Barrera, a forensic scientist, would testify that the seminal material included in Valerie’s Vitullo Rape Kit could have originated from defendant.

The State also presented the testimony of Anthony Bellino, Vale-tie’s fiance. Bellino confirmed that Valerie telephoned him around 1:30 a.m. on June 20, 1987, and told him that a man rang her doorbell and asked her some questions. Bellino told Valerie to call the police, but she refused. Valerie telephoned Bellino again at approximately 5 a.m. and told him that she had been raped by “[t]he guy who was at the door.” Bellino then drove to Valerie’s apartment and took her to the hospital.

Bellino further testified that he returned to the apartment with Valerie after she was released from the hospital. Bellino waited at the apartment for defendant to call, and defendant called later in the morning. Bellino stated that Valerie’s entire body quivered and began to shake when she heard defendant’s voice on the telephone. Bellino shared the telephone receiver with Valerie and heard defendant apologize for what he did to Valerie. Bellino also stated that defendant called back later in the morning. Following both of the phone calls, Bellino telephoned the police.

Defendant testified at trial and admitted having sexual intercourse with Valerie on the night in question but contended that it was consensual. Defendant stated that one of Valerie’s neighbors told him about Valerie and that he wrote a note to Valerie telling her that he would like to meet her. The note contained defendant’s phone number, which Valerie eventually called. Defendant and Valerie began to date in April 1987, approximately three weeks after Valerie called defendant. Defendant stated that his sexual relationship with Valerie began in April, and it continued for approximately three months. During this time, defendant and Valerie engaged in sexual relations on 15 to 20 different occasions. Defendant also stated that he accompanied Valerie and her children to movies, stores, and parks. In addition, defendant supplied cocaine to Valerie on several occasions.

Defendant further testified that his relationship with Valerie ended in June 1987 when he met and began living with Sharon Schmidgall. On June 19, 1987, Valerie saw defendant and informed him that she moved to a new apartment. Valerie told defendant that she had a date that night, but that he should come over later in the night. Defendant stated that he arrived at Valerie’s apartment at approximately 1:30 a.m. on June 20,1987.

After arriving at the apartment, defendant and Valerie sat around and talked, drank beer, and smoked marijuana. Defendant also stated that they engaged in sexual relations. Before defendant left Valerie’s apartment at 6 a.m., she asked him to get her some cocaine. Defendant agreed to call Valerie later in the day.

Defendant telephoned Valerie around 11:30 a.m. and made another call to her later in the day. Both calls were an attempt to arrange a cocaine sale. Defendant never went back to Valerie’s apartment and was arrested later in the afternoon.

Defendant presented several witnesses at trial to support his testimony concerning his three-month relationship with Valerie. Juanita Robbins testified that she lived in the apartment next to Valerie and was acquainted with both Valerie and defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
549 N.E.2d 1315, 193 Ill. App. 3d 161, 140 Ill. Dec. 443, 1990 Ill. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sommerville-illappct-1990.