People v. Turman

2011 IL App (1st) 091019, 954 N.E.2d 845, 352 Ill. Dec. 762
CourtAppellate Court of Illinois
DecidedJune 30, 2011
Docket1-09-1019
StatusPublished
Cited by27 cases

This text of 2011 IL App (1st) 091019 (People v. Turman) 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. Turman, 2011 IL App (1st) 091019, 954 N.E.2d 845, 352 Ill. Dec. 762 (Ill. Ct. App. 2011).

Opinion

954 N.E.2d 845 (2011)
352 Ill. Dec. 762

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Donnell TURMAN, Defendant-Appellant.

No. 1-09-1019.

Appellate Court of Illinois, First District, Second Division.

June 30, 2011.

*846 Michael J. Pelletier, State Appellate Defender, Alan D. Goldberg, Deputy Defender, Office of the State Appellate Defender (Jonathan Yeasting, of counsel), for Appellant.

Anita Alvarez, State's Attorney, County of Cook (Alan J. Spellberg, Jon Walters, Assistant State's Attorneys, of counsel), for Appellee.

*847 OPINION

Presiding Justice CUNNINGHAM delivered the judgment of the court, with opinion.

¶ 1 In April 2009 the defendant, Donnell Turman, was convicted by a jury in the circuit court of Cook County of the Class 1 felony offense of criminal sexual assault. This offense required a finding that, while committing an act of sexual penetration, the defendant knew that the victim was unable to give knowing consent. 720 ILCS 5/12-13(a)(2) (West 2008). The trial court sentenced the defendant to five years of imprisonment. 730 ILCS 5/5-8-1(a)(4) (West 2008). The written sentencing order is devoid of any mention of a period of mandatory supervised release (MSR). The defendant filed a timely appeal of his conviction and sentence.

¶ 2 On appeal, the defendant raises the following issues: (1) whether the trial court violated his right to due process and a fair trial when it instructed the jurors that the term "reasonable doubt" was for them to define; (2) whether his right to a fair trial was denied because the trial court failed to instruct the jury that it could consider whether or not the defendant made prior inconsistent statements to the police; (3) whether the State failed to prove beyond a reasonable doubt that the defendant knew the victim could not give knowing consent to sex; (4) whether the trial court abused its discretion because it did not allow defense counsel to disclose to the jury, either in defense counsel's opening statement or during trial, the statements that the defendant made to police until after the State had introduced the statements into evidence; (5) whether the defendant is entitled to a new trial because the trial court violated Illinois Supreme Court Rule 431(b) (Ill.S.Ct. R. 431(b) (eff. May 1, 2007)); and (6) whether the cause should be remanded to allow the trial court to impose a definite term of MSR.

¶ 3 For the following reasons, we reverse the defendant's conviction and remand the case to the trial court for a new trial.

¶ 4 BACKGROUND

¶ 5 The testimony at trial showed that on February 2, 2007, at approximately 11 or 11:30 p.m., the 17-year-old defendant and his 20-year-old brother, Jamol Turman (Jamol), arrived at a party in downtown Chicago. The victim, B.W., was 19 years old and also attended the party with David Nelson (Nelson), her friend and college classmate. Letasha Drake (Drake) testified for the State as follows. At the party she observed B.W. "drinking a lot, a lot of vodka, excessively." Drake and the victim were drinking straight vodka in eight-ounce cups. At one point during the party, Drake entered the bathroom and found B.W. passed out and lying across the toilet. Drake asked for help removing B.W. from the toilet. The defendant and Drake picked B.W. up and placed her in the bathtub. Drake described B.W. as being "lethargic. Her mouth was wide open. Her eyes were rolling back. She was moaning, making really disturbing noises." After leaving the bathroom, Drake returned to the party and asked if anyone would help B.W. The defendant answered affirmatively and went into the bathroom and closed the door. Drake saw B.W. approximately one hour later and B.W.'s eyes were "still kind of rolled back. All you could see was the white in her eyes." Drake stated during cross-examination that B.W. was drinking voluntarily and that she never saw her being forced to drink.

¶ 6 David Nelson testified for the State as follows. B.W. was very drunk at the party. He and the defendant helped B.W. to the bathroom, where he witnessed her vomiting. Nelson brought B.W. water and *848 she vomited it up. The defendant stayed in the bathroom to help B.W., and then later Nelson saw B.W. "[p]assed out. She was just like her eyes were closed. She was sitting there. She would moan and that's really it."

¶ 7 Nelson left the party between 2 a.m. and 3 a.m. with the defendant, Jamol and B.W. in Jamol's car. Jamol drove to the apartment building where Nelson and B.W. lived. The defendant was in the backseat with B.W., who "started shaking like seizurely [sic] shaking and spitting up and moaning." The defendant's reaction to B.W.'s behavior was "[h]oly crap, what's going on." The defendant "did most of the carrying this time to take [B.W.] upstairs" to her apartment. Nelson stated he used his own key card to enter the building and reached into B.W.'s purse to get her apartment key.

¶ 8 Once they were in B.W.'s apartment, the defendant and Nelson placed B.W. on her bed. Nelson described B.W. as "passed out." Nelson and Jamol left the building and later returned to Nelson's apartment. At approximately 5 a.m., Nelson was awakened by Jamol and they went to B.W.'s apartment. B.W. was "flat out cold, out cold." The defendant and B.W. were in B.W.'s bed, and the defendant's head was near B.W.'s feet, with his feet near B.W.'s head.

¶ 9 Nelson did not see B.W. again until approximately 4 to 5 p.m. that same day. B.W. showed Nelson a note that the defendant had left in her bra. The note contained the defendant's phone number asking B.W. to call him. The note also contained the following:

"What up baby, this is D-money AKA Donnell Jamol brother. OK even though you have a boyfriend thats cool, well my fault your getting married soon. but anyway even though you were drunk thats the reason you were acting the way you were acting I mean I actually had to pick you up and put you in my car and take you home and someone had to stay with you especially the way you were spitting up on the way home and when we first got here don't get me wrong it was just the alcohol but don't trip we were both drunk as hell we both still had some very interesting sex and to be honest you kept on asking me but I kept saying no but you kept saying yes but for the record it was just the alcohol but the only thing is we both would have to keep our mouths closed.
P.S I still would like to talk to you on the low key excuse the hand writing Thank you for the Best night of D-moneys life."

Nelson took B.W. to the hospital, where she was examined and a sexual assault evidence collection kit was prepared.

¶ 10 The record discloses that the emergency room nurse found that B.W. had some tenderness in the upper part of her chest and a bruise on her left lateral thigh. A forensic scientist testified at trial that the vaginal and rectal swabs obtained from B.W. contained the DNA profiles of both B.W. and the defendant.

¶ 11 The defendant was arrested at approximately noon on February 19, 2007. Assistant State's Attorney Meg O'Sullivan spoke with the defendant at police headquarters. She memorialized the conversation in a written statement taken at 4 a.m. on February 20. O'Sullivan reviewed the same statement with the defendant and he signed each page. The defendant's name, as well as other names, is misspelled several times in the document.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Johnson
2020 IL App (3d) 130543-B (Appellate Court of Illinois, 2020)
People v. Wade
2020 IL App (2d) 160753-U (Appellate Court of Illinois, 2020)
People v. Green
2017 IL App (1st) 152513 (Appellate Court of Illinois, 2017)
People v. Moody
2015 IL App (1st) 130071 (Appellate Court of Illinois, 2016)
People v. McGee
2015 IL App (1st) 130367 (Appellate Court of Illinois, 2016)
People v. Smith
2015 IL App (4th) 131020 (Appellate Court of Illinois, 2016)
People v. Messenger
2015 IL App (3d) 130581 (Appellate Court of Illinois, 2015)
People v. Lewis
2015 IL App (1st) 130171 (Appellate Court of Illinois, 2015)
People v. Minter
2015 IL App (1st) 120958 (Appellate Court of Illinois, 2015)
People v. Downs
2015 IL 117934 (Illinois Supreme Court, 2015)
People v. Gashi
2015 IL App (3d) 130064 (Appellate Court of Illinois, 2015)
People v. Thomas
2014 IL App (2d) 121203 (Appellate Court of Illinois, 2014)
People v. Downs
2014 IL App (2d) 121156 (Appellate Court of Illinois, 2014)
People v. Sullivan
2014 IL App (3d) 120312 (Appellate Court of Illinois, 2014)
People v. Franklin
2012 IL App (3d) 100618 (Appellate Court of Illinois, 2012)
People v. Turman
2011 IL App (1st) 91019 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 IL App (1st) 091019, 954 N.E.2d 845, 352 Ill. Dec. 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-turman-illappct-2011.