People v. Steward

693 N.E.2d 436, 295 Ill. App. 3d 735, 230 Ill. Dec. 307, 1998 Ill. App. LEXIS 191
CourtAppellate Court of Illinois
DecidedMarch 31, 1998
Docket1-96-3680
StatusPublished
Cited by16 cases

This text of 693 N.E.2d 436 (People v. Steward) 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. Steward, 693 N.E.2d 436, 295 Ill. App. 3d 735, 230 Ill. Dec. 307, 1998 Ill. App. LEXIS 191 (Ill. Ct. App. 1998).

Opinion

JUSTICE TULLY

delivered the opinion of the court;

Defendant, Steven Steward, was charged with one count of attempted first degree murder (720 ILCS 5/8 — 4, 9 — 1 (West 1992)), five counts of attempted aggravated criminal sexual assault (720 ILCS 5/8 — 4, 12 — 14(a)(4) (West 1992)), six counts of aggravated kidnapping (720 ILCS 5/10 — 2(a)(3) (West 1992)), one count of attempted criminal sexual assault (720 ILCS 5/8 — 4, 12 — 13(a)(1) (West 1992)), two counts of kidnapping (720 ILCS 5/10 — 1(a)(1) (West 1992)), three counts of aggravated battery (720 ILCS 5/12 — 4(a) (West 1992)), and one count of unlawful restraint (720 ILCS 5/10 — 3(a) (West 1992)). Following a jury trial, he was convicted of one count of attempted aggravated criminal sexual assault (720 ILCS 5/8 — 4, 12— 14(a)(4) (West 1992)) and one count of aggravated battery (720 ILCS 5/12 — 4(a) (West 1992)). Defendant filed a pro se motion for a new trial and his posttrial appointed counsel filed a supplemental motion for a new trial, which the trial court denied. He was sentenced to an extended 25-year prison term for attempted aggravated criminal sexual assault and a 5-year prison term for aggravated battery, to run concurrently. Defendant now appeals the judgment of conviction. This court has jurisdiction pursuant to section 6 of article VI of the Illinois Constitution (Ill. Const. 1970, art. VI, § 6) and Supreme Court Rule 603 (134 Ill. 2d R. 603).

For the reasons that follow, we affirm.

FACTUAL HISTORY

The trial court heard two pretrial motions. First, defendant sought to impeach the victim, Patrice B. (hereinafter Patrice), at trial with several aliases that she used previously in connection with prostitution arrests. The trial court granted defendant’s motion, finding that the use of the aliases was relevant to Patrice’s credibility. However, it stated that defendant could not elicit information that Patrice had been arrested for prostitution and could not ask questions that would violate the rape shield statute. Second, the trial court granted the State’s motion to impeach defendant at trial with his prior felony conviction for aggravated criminal sexual assault, as well as with the length and date of the sentence. The trial court acknowledged that such evidence would be “somewhat prejudicial” because of the “similarity of offenses.” However, it noted that “the prejudicial value is outweighed in this particular case because the jury should know, if he has a motive to lie, just what that motive to lie is and the extent of the motive to he.”

During opening statements, defense counsel stated the following. “As you will hear from the doctors, it is very unlikely that [Patrice] was able to do this [cause defendant’s injury] with just her hands. Something had to be used to make this laceration from the front to the back of the anatomy of Mr. Steward.”

At trial, Patrice testified that on December 2, 1993, at approximately 4:15 p.m., she was walking in her neighborhood near Van Burén and Kilpatrick in Chicago and saw a friend named Fancy. As she talked with Fancy, defendant walked by and said “Hey baby.” When he later asked, ‘You have a minute?” Patrice said “No.” Defendant followed Patrice, grabbed her neck from behind, and dragged her into an apartment building at Van Burén and Kilpatrick. Defendant brought Patrice into a bedroom and said, “Bitch, let me see what you are working with.” Patrice ran to the back door, where defendant caught her and punched her in the eye. Defendant then pulled Patrice back into the bedroom, undressed himself and jumped on the bed. He told Patrice, “I just want to f — you to death. Now let me see what you’re working with.” Patrice pretended to take off her shirt and again ran to the back door. Defendant pulled her back into the apartment arid hit her on the head and leg several times with a hammer, causing her head to bleed. Defendant also bit her on the hand and the arm.

Patrice then told defendant that she would do what he wanted. Defendant again brought her to the bedroom and made her remove the three shirts she was wearing. Patrice noticed blood coming from her head and saw blood on her shirts. At trial, Patrice identified those bloody shirts, as well as her headband that fell off when she was in the kitchen. She also testified that after defendant made her take off the shirts, he stood naked in front of her and told her to perform oral sex on him. Patrice then kneeled, grabbed his “groins” and “pulled them for [her] life.” Defendant dropped the hammer and fell to his knees, and Patrice ran from the apartment.

Fancy saw Patrice outside and called an ambulance. At Loretto Hospital, Patrice received stitches in her head. She was also treated for the following injuries: a blackened eye, cuts on her back, puncture wounds on her legs, and bite marks on her hand and arm. Patrice testified that while she was at the hospital, she told police officers who questioned her that her name was “Lisa.” At the hospital, Patrice identified defendant’s picture among a layout of five photographs. She also admitted that she had used different names and birthdates in the past. In addition, Patrice testified that she had used heroin on the day she was attacked.

Chicago police officer Michael Kapior questioned Patrice at the hospital. According to Officer Kapior, Patrice described her attacker’s tattoo and clothing. However, he denied that Patrice told him that her name was Lisa. In addition, he testified that he had received a hammer from one of the physicians who told him that the hammer had been taken from Patrice. Officer Kapior identified the hammer, which was introduced as an exhibit at trial, as the one that he had received at the hospital, but testified that the hammer was not in the same condition as when he first saw it. At the hospital, there was dried blood, hair and tissue on the claw of the hammer that was missing at trial.

Thomas Ginnelly, a Chicago police forensic investigator, testified that the hair and the blood found on the hammer had been processed for evidence. However, Officer Ginnelly had not removed or tested any of the blood or hair himself. When Officer Ginnelly first saw Patrice at the hospital, he noticed that she had been beaten. She had swollen eyes, a large puncture wound on the top of her head, several puncture wounds on her back, and injuries on her hand and arm. Officer Ginnelly went to defendant’s apartment as assigned and found blood on the kitchen floor, bloodied shirts in the bedroom and living room, and a headband in the kitchen.

After Patrice was treated for her injuries at the hospital, Dr. John Kenney, a forensic odontologist, photographed the bite marks on Patrice’s arm and made a cast imprint of them. He also photographed defendant’s mouth and made casts of defendant’s teeth. Dr. Kenney testified that one of the bite marks on Patrice’s arm was consistent with the cast of defendant’s teeth.

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Cite This Page — Counsel Stack

Bluebook (online)
693 N.E.2d 436, 295 Ill. App. 3d 735, 230 Ill. Dec. 307, 1998 Ill. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-steward-illappct-1998.