People v. Ward

907 N.E.2d 25, 389 Ill. App. 3d 757, 329 Ill. Dec. 706, 2009 Ill. App. LEXIS 185
CourtAppellate Court of Illinois
DecidedMarch 31, 2009
DocketNo. 1-07-1925
StatusPublished
Cited by1 cases

This text of 907 N.E.2d 25 (People v. Ward) 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. Ward, 907 N.E.2d 25, 389 Ill. App. 3d 757, 329 Ill. Dec. 706, 2009 Ill. App. LEXIS 185 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE FITZGERALD SMITH

delivered the opinion of the court:

Following a jury trial, defendant Perry Ward was convicted of criminal sexual assault of Mable M. and sentenced as a Class X offender to 25 years’ imprisonment. Defendant appeals, contending the trial court erred by: (1) admitting other-crimes evidence to show defendant’s propensity to commit sex crimes; (2) relying during sentencing on evidence of a prior sex crime for which defendant had been acquitted; and (3) incorrectly sentencing him as a Class X offender. We affirm.

The evidence at trial showed that defendant sexually assaulted Mable M. on February 23, 2002. Defendant’s trial for this sexual assault did not begin until May 29, 2007. Prior to the beginning of this trial, defendant was charged with and acquitted of the alleged June 5, 2003, sexual assault of Lisa S. Both victims had sexual assault examinations performed following their attacks. DNA from the semen collected from both victims matched defendant’s DNA.

Prior to the Mable M. trial, the State sought to admit the testimony of Lisa S. under section 115 — 7.3 of the Illinois Code of Criminal Procedure of 1963 (section 115 — 7.3) (725 ILCS 5/115 — 7.3 (West 2006)) to show defendant’s propensity to commit sex crimes. The State argued that, due to the proximity in time between the two offenses, the factual similarities of the offenses, and other relevant factors, the probative value of admitting Lisa’s testimony outweighed its prejudicial impact. Defendant argued that, where the two offenses were factually dissimilar, the prejudicial effect of admitting Lisa S.’s testimony outweighed its probative value.

After hearing arguments, the trial court allowed the evidence, noting that the two alleged assaults occurred approximately 16 months apart. The court stated that, pursuant to People v. Donoho, 204 Ill. 2d 159 (2003), it considered the three factors of proximity in time, degree of similarity, and other relevant factors when determining whether the probative value of the testimony favored its admissibility. The court found that the 16 months that passed between the two assaults were “not a remarkable variance” and were within an acceptable time frame. While it noted that the two assaults took place in different areas, one on the south side of Chicago and one in the south suburban area, it found similarity in the demographic profile of the victims, as well as in the introduction of defendant to each victim. Moreover, in each case, defendant took the victims to secluded areas where multiple sexual acts were completed with force and threats. There was also DNA evidence connecting the incidents. As to other relevant facts and circumstances, the court noted that defendant’s defense of consent was similar in each case. The court allowed the testimony, in relevant part, for propensity to commit sex crimes under Donoho.

Forty-nine-year-old victim Mable M. testified at trial that, on February 23, 2002, she left her home after midnight to walk to a nearby restaurant and store. Her husband was asleep at the time. She spoke with people at the restaurant, including defendant. During the course of the conversation, Mable M. asked defendant for a cigarette. He told her his cigarettes were in his nearby van and invited her to accompany him to retrieve them.

At the van, defendant opened the passenger side door and told Mable M. the cigarettes were inside on the seat. When she reached for what she thought were cigarettes, defendant pushed her into the van. There was no passenger seat, and defendant shoved her toward the back of the van and got in behind her.

Inside the van, defendant told Mable M., “Bitch, if you holler, I will kill you.” She was scared, but she did not scream. Defendant forced Mable M. to remove her clothes. He held her down. Mable M. noticed defendant had some type of object in his hand. Defendant forced Mable M. to touch his penis and then perform oral sex on him. He repeatedly told her, “Bitch, I will kill you if you tell anybody about this.” After she performed oral sex on him, defendant attempted to engage in anal intercourse with Mable M. She fought with him and, eventually, he had vaginal intercourse with her. Mable M. testified that, over the course of the four hours she was held inside the van, defendant had nonconsensual vaginal intercourse with her “several” times.

After four or five hours, defendant allowed Mable M. to leave the van, advising her that he would kill her if she told anyone. Mable M. ran home. She told her husband she had been raped. Her husband called the police, and the police took Mable M. to the hospital. At the hospital, Mable M. was given a sexual assault examination.

Mable M. testified that she went to the police station later that evening and viewed a lineup. She did not identify anyone in the lineup as her attacker. Defendant was not in the lineup. Subsequently, Mable M. moved to Georgia.

The parties stipulated that, if called to testify, Illinois State Police forensic scientist Marla Fiorelli would testify that the vaginal swabs collected from Mable M. during her sexual assault examination revealed the presence of semen.

The parties also stipulated that, if called to testify, forensic scientist Brian Schoon would testify that he reviewed the DNA profile from the vaginal swab collected from Mable M. and found that it matched the male DNA profile collected from defendant. The male DNA profile identified in the vaginal swabs would be expected to occur in approximately 1 in 13 quadrillion Blacks, 1 in 2.1 quadrillion Whites, or 1 in 1.7 quadrillion Hispanics.

Lisa S. testified that, in June of 2003, she lived in Harvey, Illinois. On June 4, 2003, she went to a party at a friend’s house where she drank alcohol and used cocaine. Lisa left the party at approximately 10:30 p.m. She planned to walk home. She walked toward 154th Street and Broadway Street, but she saw a train sitting on the train tracks blocking her path. Lisa then walked to a nearby payphone, placed a call, and then walked to a nearby bar to ask a friend for a ride home. On her way to the bar, she saw defendant, who asked her for a cigarette. She gave him one. She continued to the bar, but it was closed. As she walked away, Lisa S. noticed defendant walking with another person. She continued walking and, as she started to cross the train tracks, she saw defendant standing alone in the bushes. Defendant asked Lisa S. if she wanted to have sex with him, and she told him to get away from her. Defendant walked toward Lisa S., and she attempted to run. Defendant grabbed her by her hair and pulled out a knife. Defendant put the knife to her throat and said, “Shut the fuck up, bitch, or I’ll kill you.” Defendant pulled Lisa S. through some bushes to a concrete area where they struggled. Defendant knocked her to the ground and slammed her head against the concrete. Defendant unzipped his pants and forced his penis into Lisa S.’s mouth. Lisa S. testified that defendant then forced her to remove her pants and have vaginal intercourse with him. Defendant did not wear a condom.

After the attack, Lisa S. ran home. She told her fiancé she had been raped, and he called the police. The police arrived, took her to the scene of the assault, and then to the hospital. Upon entering the emergency room, Lisa S.

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

Related

People v. Ward
2011 IL 108690 (Illinois Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
907 N.E.2d 25, 389 Ill. App. 3d 757, 329 Ill. Dec. 706, 2009 Ill. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ward-illappct-2009.