People v. Watson

614 N.E.2d 1, 244 Ill. App. 3d 31, 184 Ill. Dec. 800, 1991 Ill. App. LEXIS 1888
CourtAppellate Court of Illinois
DecidedNovember 7, 1991
DocketNo. 1—88—2007
StatusPublished
Cited by1 cases

This text of 614 N.E.2d 1 (People v. Watson) 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. Watson, 614 N.E.2d 1, 244 Ill. App. 3d 31, 184 Ill. Dec. 800, 1991 Ill. App. LEXIS 1888 (Ill. Ct. App. 1991).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, defendant, Larry Watson, was found guilty of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 14) and attempted aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 8 — 4). He was sentenced to 17 years in the Illinois Department of Corrections with three years’ mandatory supervised release for the criminal sexual assault charge. On the attempt charge, defendant was sentenced to serve a term of eight years to run concurrently to the 17-year term. On appeal, defendant contends that (1) the trial court erred in denying his motion to suppress statements, since they were the product of physical coercion; (2) the trial court erred in finding that his Miranda warnings before interrogation were proper; (3) the trial court erred in not supplying the jury with a guilty verdict form for each count charged; (4) there was insufficient evidence to prove him guilty beyond a reasonable doubt as to the charge of attempted aggravated criminal sexual assault; and (5) the trial court abused its discretion by not considering the mitigating circumstances and his potential for rehabilitation in sentencing.

We affirm.

Complainant, who was 16 years old at the time of the incident, testified that on December 20, 1986, at about midnight, she stopped to speak to a friend who was in the company of defendant on the corner of 103rd and La Salle Streets in Chicago. The witness stated that defendant was wearing a black jacket with a white fur collar and white pinstripe pants. Police later used this description to apprehend defendant. She further testified that after her friend left she and defendant continued their conversation as they walked down the street. Complainant stated that defendant asked for her telephone number and that she waited while he borrowed a pen from some passersby. The witness then testified that defendant told her to turn around so he could give her his telephone number. When she turned to face defendant, he was pointing a gun at her stomach. Complainant testified that she engaged in vaginal intercourse and oral copulation at gunpoint. When she appeared to be uncooperative, defendant would slap her in the face and tell her to “get right.” The initial reason complainant gave for being forced to pull her pants down was so that defendant could engage in anal intercourse.

Defendant testified that he considered his conversation with complainant to be “friendly.” He stated that it was complainant who suggested that they have sex and asked him if he had any money that he could give her. The witness stated that he did not harm complainant. He did testify that he gave her money but stated, contrary to complainant, that the money was not given in exchange for sexual intercourse. Thereafter, the two went their separate ways.

Complainant testified that she went home and told her mother what had happened, and that her mother called the police. The police transported her to a neighborhood hospital. She was treated by Nurse Linda Healy. Healv testified that upon arriving at the hospital the victim was not crying nor was she visibly upset. She further stated that the victim had no bruises, lacerations, internal or cervical bleeding. The parties stipulated that the victim’s vaginal smear was positive for spermatozoa while her oral smear was negative and that there was no finding of any vaginal bruises or lacerations. The officers then transported the victim to the police station where she viewed a lineup and identified defendant as the person who had raped her.

Defendant testified that he went to the basement apartment of a family friend, Leonard Leverette. He stated that before Leverette could open the door, the police, Officers Alexander Curd and Robert McKeever, came into the basement stairwell and arrested defendant. Officer Curd testified that the stairwell was dimly lit and that the defendant appeared to be hiding in a mound of garbage. Officer Mc-Keever testified that when defendant did not respond to Officer Curd’s order to come out with his hands up, he (McKeever) then kicked defendant in the head “pretty hard.” Officer McKeever then stated that he discovered the gun in some nearby bushes. Leverette testified, contrary to the arresting officers, that there was no trash in his basement stairwell. Leverette also stated that when defendant was arrested there were no marks or scars on defendant’s face when he left the scene in the squad car.

While in the police car, Officer Curd testified that defendant was given his Miranda rights and that defendant indicated he understood his rights but denied he had any involvement with the rape. Officer McKeever testified that defendant was handcuffed to the wall while in custody at the police station. Officer McKeever then began questioning him about the incident.

Defendant testified that he suffered physical abuse when his answers were not satisfactory. As a result, he sustained several injuries. The one he complained about was a deep cut over his right eye. Defendant testified that he told Officer McKeever he would sign a statement implicating himself in a sexual assault provided he was taken to the hospital for treatment. The witness stated that he signed this statement because he “was tired of being hit.” At the hospital, he was treated by Nurse Healy. He received four stitches above his right eye. Officer McKeever testified that while at the hospital he told defendant, “it really did not make sense for him to sit and [say] he did not know anything about this when the person that was involved gave such a vivid description and the description fit him.” Officer McKeever further stated that shortly thereafter defendant told him that he had committed the rape.

When defendant returned to the police station, he met with Detective Daniel McWeeny and Assistant State’s Attorney Bertucci. Defendant testified that he signed a written statement prepared by Assistant State’s Attorney Bertucci. He stated that he signed the statement because he was being threatened by Officer McKeever. Bertucci testified that he noticed defendant’s eye and was told by Detective McWeeny that the injury occurred during arrest. He also testified that defendant indicated that he agreed with this explanation. Further, Bertucci testified that defendant told him that he “had been treated okay” by the police.

On appeal, defendant first argues that his written and oral statements were the product of physical coercion. The State maintains that it met its burden of proving defendant’s confession was voluntary and that the allegations of physical abuse and coercion were unsubstantiated. The trial court agreed with the State’s finding.

The standard for determining the voluntariness of a statement is well established. In People v. Prim (1972), 53 Ill. 2d 62, 70, the court stated:

“Whether a statement is voluntarily given depends upon the totality of the circumstances. The test is whether it has been made freely, voluntarily and without compulsion or inducement of any sort or whether the defendant’s will was overcome at the time he confessed. [Citation.] In making its decision the trial court need not be convinced beyond a reasonable doubt, and the finding of the trial court that the statement was voluntary will not be disturbed unless it is contrary to the manifest weight of the evidence.”

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 1, 244 Ill. App. 3d 31, 184 Ill. Dec. 800, 1991 Ill. App. LEXIS 1888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watson-illappct-1991.