People v. Spika

593 N.E.2d 994, 229 Ill. App. 3d 189, 171 Ill. Dec. 174, 1992 Ill. App. LEXIS 761
CourtAppellate Court of Illinois
DecidedMay 15, 1992
DocketNo. 1—90—1818
StatusPublished
Cited by1 cases

This text of 593 N.E.2d 994 (People v. Spika) 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. Spika, 593 N.E.2d 994, 229 Ill. App. 3d 189, 171 Ill. Dec. 174, 1992 Ill. App. LEXIS 761 (Ill. Ct. App. 1992).

Opinion

JUSTICE LaPORTA

delivered the opinion of the court:

Gary Spika was convicted in a jury trial of two counts of aggravated criminal sexual assault, unlawful restraint and kidnapping for an assault that occurred October 21, 1988, and charged on indictment No. 88 — 20441. He was sentenced to six years on each charge of aggravated criminal sexual assault and the charge of kidnapping with the sentences to run concurrently. On the same day he pled guilty to count II aggravated criminal sexual assault on indictment No. 88 — 20440 for a separate assault on the same victim that occurred November 18, 1988. He was sentenced to six years in prison with the sentence to run consecutive to the six-year sentence resulting from indictment No. 88 — 20441.

Defendant appeals the conviction on indictment No. 88 — 20441 alleging: (1) the trial court committed reversible error in permitting the State, on direct examination, to elicit an unprecedented amount of detail concerning the background and life situation of the complainant to improperly bolster her testimony and play on the sympathies of the jury, in a case where complainant’s testimony may not have been true, and she had a motive to testify falsely; (2) the trial court erred in instructing the jury that “evidence has been received that defendant has been involved in offenses other than that charged,” because the evidence if believed showed only one other offense (alleged intimidation of the victim) rather than multiple “offenses,” and a reasonable juror could read the instruction as assuming that defendant committed the other offense or offenses, whereas whether the offense(s) occurred was a contested issue for the jury to determine.

Defendant Gary Spika, 32, was charged with three counts of aggravated criminal sexual assault, three counts of criminal sexual assault, one count of kidnapping and one count of unlawful restraint. At trial, the victim, R.C., testified that at about 8 a.m. as she arrived for work she was forcibly taken from her place of employment in Broadview by a man whom she identified as the defendant. She testified that he grabbed her just before she entered the building where she worked. He started pushing her toward her car and she pushed back, saying “What are you doing?” “Please. I got to go to work.” She testified that he told her: “You’re not going to work. You are not going anywhere. You’re coming with me.”

R.C. testified that defendant had his arm locked around her neck as he unlocked the driver’s side door of her car and pushed her into the front passenger seat. She testified that he started the car and pulled away. She pleaded with him to let her go, but he just told her he was going to drive out of State so she could never see her children again.

She testified that he drove her to a townhouse in La Grange Park where the two had lived together for two months and where the defendant still lived. She testified that on October 12, 1988, nine days before the assault, she had moved out of the townhouse. She testified that he dragged her across the street, in through the back door of the townhouse, up the stairs and locked her in the bedroom with him. She testified that he pulled her clothing off, forced her to engage in sexual activity with him and then let her go after she promised to return in the evening.

She testified that she drove straight to the police station and a police officer took her to the hospital. She testified that at the hospital she noticed a bite mark under her right breast which she said was caused by the defendant.

She testified that she was 33, divorced since 1982 and was the sole support for her three children ages 15, 14 and 12. She testified that after her divorce she worked as a waitress and moved to Sauk Village. She testified about her work history. She stated she had worked as a volunteer fire fighter, attending classes once a week; as an emergency medical technician for a year, which required three months’ training; and as a nursing home activity therapy worker for 11 months. She testified that at the time of the assault she was working as a lab technician in a Broadview company. She testified that she was 5 feet IVz inches and 110 or 113 pounds at the time of the assault and defendant was 6 feet 4 inches and weight 220 pounds.

During R.C.’s testimony, defense counsel objected twice, arguing that the State had a right to elicit background information on the victim to a point but that this extensive testimony was irrelevant. The trial judge stated that he would allow the prosecutor to continue but cautioned that “[i]f this goes much longer, if there is any objection then I will have to rule on it.”

R.C. testified that on November 18, several weeks after the assault, she stopped at the Brookfield Library to pick up her son and the defendant jumped out from around the corner of a building and started chasing her. She testified that she ran toward the building but the defendant caught her and dragged her to her car, prying the car keys out of her hand. She testified that he told her: “You’re not going anywhere. You’re coming with me” and then said, “Oh, we have to talk about what happened in court today.”

She testified that she had been in court that day with regard to the October 21 assault. She testified that he pushed her into the car, climbed in, locked the car and started to drive away. She testified that he told her: “We’re going to Wisconsin. You’re never coming back. You’re never going to see your kids now. I don’t care what happens now to me. You did it. You told the judge these threats that I made to you.” She testified that he told her he would shoot her, kill her, bury her body and throw her car in the lake.

On cross-examination, R.C. testified that she met the defendant in May of 1986 and started dating him a month later. She admitted that she had sexual relations with him on several occasions and signed an apartment lease with defendant for the townhouse, using the defendant’s last name as her own.

She testified that on the morning of the assault there were cars travelling on the street near her office and near the townhouse but she did not scream out for help. She testified that when she was pushed into her car she did not press on the horn because the horn was broken and she did not try to exit the passenger side because she felt she couldn’t get away.

She denied telling the police that they entered the townhouse through the back door and testified that they entered through the front door. She testified that he had no weapon, that she did not hit him or scream out because he would have knocked her out, and that she was afraid of defendant and feared for her life. She testified that the defendant had never bitten her before during sex.

She admitted that on November 13, I2V2 weeks after the assault, she and two of her sons went to breakfast with the defendant. She testified that the defendant gave her $10 for each of her kids because he owed her money. R.C. identified herself as the author of a note left in the defendant’s apartment October 12 which said that R.C. and her children were leaving.

On redirect examination, R.C. testified that she was afraid he would beat her up and that is why she didn’t try to climb out of the car, scream, attract the attention of others or struggle to get away.

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Related

People v. Silva
595 N.E.2d 1285 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 994, 229 Ill. App. 3d 189, 171 Ill. Dec. 174, 1992 Ill. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spika-illappct-1992.