People v. Taylor

804 N.E.2d 116, 345 Ill. App. 3d 1064, 281 Ill. Dec. 490, 2004 Ill. App. LEXIS 77
CourtAppellate Court of Illinois
DecidedJanuary 30, 2004
Docket4-02-0408
StatusPublished
Cited by27 cases

This text of 804 N.E.2d 116 (People v. Taylor) 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. Taylor, 804 N.E.2d 116, 345 Ill. App. 3d 1064, 281 Ill. Dec. 490, 2004 Ill. App. LEXIS 77 (Ill. Ct. App. 2004).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In April 2002, a jury convicted defendant, Richard T. Taylor, of criminal sexual assault (720 ILCS 5/12 — 13(a)(2) (West 2000)) for committing an act of sexual penetration on the victim, N.C., by placing his fingers in her vagina while she was unable to give consent because she was asleep. The trial court later sentenced him to seven years in prison.

Defendant appeals, arguing that (1) the State failed to prove him guilty beyond a reasonable doubt; (2) he was denied a fair trial when the trial court admitted evidence that he had refused to make a tape-recorded statement for the police; (3) he was denied a fair trial when the prosecutor referred to him as a “predator” during closing argument; and (4) the court failed to properly admonish him regarding his appeal rights in accordance with Supreme Court Rule 605(a) (210 Ill. 2d R. 605(a)). We affirm and remand with directions.

I. BACKGROUND

At defendant’s April 2002 jury trial, N.C. testified that in September 2001, she and her son, Gabriel, moved into a house at 621 N. 13th Street in Quincy. Gabriel’s father was defendant’s son, Rick Taylor. Although N.C. and Rick were no longer romantically involved, defendant and his wife, Diane Taylor, maintained a relationship with N.C. and Gabriel. Defendant and Diane often took care of Gabriel when N.C. worked nights, and defendant stopped by frequently to help N.C. with household repairs, such as installing a ceiling fan and a lock on the front door. Diane and N.C. worked at the same local bar.

In October 2001, N.C. was romantically involved with Tony Magliochetti. At that time, Tony was attending college in Macomb. On weekends, he would often return to Quincy and stay with N.C. for the weekend.

On Friday night, October 12, 2001, N.C. did not expect that Tony would be visiting, but occasionally he came to Quincy even though he had not initially planned to do so. N.C. was scheduled to work from 4 until 10 p.m., and Gabriel was staying with a friend in the neighborhood. N.C. had planned to pick up both Gabriel and his friend after work so they could spend the night at her house. However, N.C. had to work later than planned, and when she arrived to pick up Gabriel and his friend, they were asleep. N.C. and Gabriel’s friend’s mother decided to leave the boys where they were.

N.C. returned home, and then around 11 p.m., she went to a birthday party at another friend’s house. N.C. had two glasses of beer at the party and went home around 1:30 a.m. When N.C. arrived home, she locked the front door and turned off the lights. She then went into her bedroom and closed the door. She went to bed wearing only a big sweatshirt.

N.C. was later awakened by the feeling of someone’s fingers inside her vagina and one of her legs being pushed so as to spread her legs apart. She then felt a mouth on her vagina. She reached down and felt the head of the person in bed with her. When N.C. realized the hair did not feel like Tony’s (a short “buzz” cut), she jumped out of bed. She then saw defendant sit up, and she started screaming at him to get out. However, defendant just sat there. As N.C. continued to scream, defendant got up and left the bedroom, closing the door behind him. N.C. picked up her cordless phone and got back under the covers. Defendant then walked back into the bedroom and pulled the covers off of the bed. N.C. thought he was going to kill her and started screaming again for him to get out. Defendant said, “I’m drunk,” and then left. After she heard defendant leave, she went to the front door and locked it. Then she got back in bed and called her sister, Susan Moore. She was upset and crying, and she told Susan that defendant came into her room.

Approximately five minutes after she got off the phone, Susan arrived at N.C.’s house. Susan called their cousin, Chad, and then the police. When asked why she did not call the police herself, N.C. replied, “[bjecause I didn’t know what I should do first, because it was going to affect so many people.” She recalled that the incident occurred around 4 a.m.

About 15 minutes later, Quincy police officer Gabe Vanderbol arrived. N.C. was not immediately able to talk with him because she was embarrassed and scared. After she told him what happened, Vanderbol drove N.C. and Susan to the hospital. They arrived at the hospital shortly after 5 a.m.

N.C. further testified that a couple of nights before the incident, defendant telephoned her and told her that he had left a surprise for her in her mailbox. She did not retrieve it that night. The next morning, he called again and asked if she had received the package, and she said she had not. He then told her it contained edible underwear. N.C. felt embarrassed and did not know what to say. Defendant said it was “just a joke.” N.C. later retrieved the package and put it in a kitchen drawer without opening it. She never discussed with defendant her feelings about receiving the underwear because she wanted it to be forgotten. She acknowledged that the day after receiving the package, she went with defendant to buy a computer desk, which he then set up at her house.

N.C. also acknowledged that about one year earlier, on the dance floor at a wedding reception, defendant had said something about going back to a hotel with him. N.C. believed he was joking.

N.C. further testified that during the October 13, 2001, incident, she never gave defendant consent to touch her or penetrate her. She did not consent to defendant’s entering her house that morning. N.C. denied giving defendant a key to her house. However, she did not know with certainty that he did not have one. She also denied (1) ever offering any physical or sexual contact to defendant, and (2) having an intimate physical relationship with him.

N.C. further denied knowing as far back as the wedding reception that defendant had personal feelings toward her. She never made any sexual advances toward defendant. She acknowledged that she did not feel threatened by defendant prior to the incident.

N.C. knew that Diane was out of town on the weekend of the incident, but she denied that she had agreed to meet defendant after work on Friday night to go dancing at Backwaters, an after-hours club. N.C. did not remember having a conversation with defendant about a week earlier, during which he offered to have sex with her and she replied that she would keep that in mind. She had no plans to go dancing with defendant on that Friday night; she had told defendant that she had arranged to take Gabriel and his friend home with her that night.

Vanderbol testified that around 5:05 a.m. on October 13, 2001, he was dispatched to N.C.’s house. Susan answered the door, and Vanderbol was not initially able to talk to N.C. When Vanderbol spoke with N.C., she was “visibly distraught” and “upset about something.” He further described N.C. as follows: “She was crying, there were tears that I could see rolling down her face.

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Bluebook (online)
804 N.E.2d 116, 345 Ill. App. 3d 1064, 281 Ill. Dec. 490, 2004 Ill. App. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-illappct-2004.