People v. Taylor

612 N.E.2d 943, 244 Ill. App. 3d 806, 184 Ill. Dec. 67, 1993 Ill. App. LEXIS 563
Appellate Court of Illinois·Decided April 22, 1993·No. 4-92-0625·Published·Cited by 7 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

After a jury trial in Champaign County circuit court, defendant, Prentice Taylor, was found guilty of public indecency. (Ill. Rev. Stat. 1991, ch. 38, par. 11— 9(aX2).) He appeals his conviction, arguing he was denied a fair trial because (1) the State’s opening statement referred to other crimes by him; (2) testimony indicated his photograph provided to, and identified by, the victim was a “booking photograph”; and (3) the State’s closing argument indicated the arresting officer immediately knew he committed the crime based on the victim’s description of it. According to defendant, evidence of other crimes was not admissible because the State did not proffer sufficient evidence to permit such evidence under the modus operandi exception. We reverse defendant’s conviction and remand for a new trial.

I. Facts

In January 1992, defendant was charged by information, alleging that on January 1, 1992, he stood in the doorway of the rest room of a Super Gas station located at 507 West University in Urbana, Illinois, and knowingly exposed his sex organ in a lewd manner with the intent to arouse his sexual desires.

In opening remarks, the prosecutor indicated the police officer who arrived at the scene had an idea about who the perpetrator was because of the victim’s description of him. The prosecutor stated:

“As soon as [Jameson] or — excuse me — as soon as the defendant leaves, [Jameson] ended the call with the other person that works for Super Gas and called the police right away. Within minutes, the Urbana police officer, Andrew Charles[,] came to the Super Gas Station and he tried to locate the defendant and he was unable to find defendant. While Officer Charles was at the gas station, the telephone rang again. [Jameson] picked it up. It was the defendant. He said something to the effect, and you will hear [Jameson’s] testimony here today, something to the effect that why did you call the police. She handed the phone immediately over to Officer Charles[,] who at that time had an idea as to who the defendant was, because of her description of the defendant to Officer Charles and then he hung up. [Jameson] at that time also told Officer Charles that she would have no problem identifying the defendant. So, that’s [Jameson]. You will hear from [Jameson] here today. You will also hear from Officer Charles. He will testify that he recognized [Jameson’s] description of the defendant right away. Also Officer Charles had knowledge of defendant.”

The trial judge sustained defense counsel’s objection to the preceding remarks; however, he overruled defense counsel’s objections to the following observations made next by the prosecutor:

“Also, as to [Jameson’s] description to Officer Charles of what happened that evening, he had a better idea as to who the defendant was. * * *
Who the defendant was and who specifically was standing at the bathroom on January 1st while [Jameson] was watching him stroke his penis.”

Kimberly Jameson testified she was a salesclerk for Super Gas located on University Avenue in Urbana. On January 1, 1992, at 7 p.m. she received a telephone call from a man who said his name was Andrew. He told Jameson he would arrive at the station in 15 minutes, go into the rest room, crack the door open, and “give [Jameson] a show.” The caller also told her he had been at the station earlier in the week and had tried to touch her stomach. Jameson was eight months pregnant at that time.

Fifteen minutes later, a man arrived at the station and entered the rest room, which was in a separate building approximately 15 feet away. The station was brightly lit. Jameson looked out the window of the building where she was stationed and saw the man open the door, pull his pants down and begin stroking his penis.

Jameson had telephoned the manager of the Super Gas station across town to apprise him of the phone call. She remained on the phone while the man was at the station so the manager could call the police if the perpetrator threatened her. Jameson observed the man for approximately five minutes. No customers entered the station during this time. When the man departed from the rest room, he motioned for Jameson to come to him. She hung up the phone and immediately called the Urbana police department.

Officer Charles arrived a few minutes later. He unsuccessfully searched the vicinity for the suspect. Jameson received a call from a man who asked her why she phoned the police. The caller stopped talking when Jameson handed the phone to Charles. Jameson informed Charles she could identify the man and she provided him a description.

The prosecutor asked Charles what he did after Jameson provided defendant’s description to him. Charles stated the following before defense counsel’s objection was sustained and an offer of proof outside the jury occurred: “Based upon her description of the suspect and the events that had occurred reminded me of several other — .”

On the offer of proof, Charles testified that based on Jameson’s description of the event and the suspect, he believed the perpetrator might be defendant. Charles testified he had been involved in three additional incidents involving similar conduct by defendant. These incidents occurred at American Nursing Home, Royal Fontana Nursing Home, and Carle Hospital. According to Charles, the circumstances of these incidents were the same, apparently, as the incident at issue:

“The suspect called the victim before they [sic] showed up. Showed up very promptly and the wording is similar, about I am going to put on a show or some sort of show being put on and *** they are all almost on a direct line from [defendant’s] house going across town.”

The prosecutor explained she intended to introduce copies of defendant’s convictions for public indecency and the officer’s testimony about the facts surrounding those convictions to prove circumstantial evidence of defendant’s identity under the modus operandi exception to the general rule excluding other crimes evidence. The prosecutor later indicated defendant had recently been convicted of only one public indecency charge for the incident which occurred at the Royal Fontana Nursing Home. The additional indecency charges had been dismissed in exchange for guilty pleas in other cases.

Defense counsel objected on the grounds of relevance and contended the danger of prejudice by such evidence outweighed any probative value. The trial judge concluded there were distinctive features in each case for the modus operandi exception to apply, but concluded the officer’s proposed testimony and evidence of defendant’s conviction was inadequate to establish the requisite details of the other incidents without testimony from the victims of the other cases.

When the jury was returned to the courtroom, the trial judge explained he was sustaining defense counsel’s objection to Charles’ testimony. Charles’ testimony continued. After Jameson described the perpetrator, Charles returned to the police station and retrieved photographs to show Jameson.

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People v. Taylor, 612 N.E.2d 943, 244 Ill. App. 3d 806, 184 Ill. Dec. 67, 1993 Ill. App. LEXIS 563 (Ill. Ct. App. 1993).

612 N.E.2d 943 (People v. Taylor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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