People v. Bates

• Decision Date: 27 September 2018
• Docket Number: NO. 4-16-0255,4-16-0255
• Citation: 2018 IL App (4th) 160255,112 N.E.3d 657
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Quentin BATES, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

2018 IL App (4th) 160255

112 N.E.3d 657

The PEOPLE of the State of Illinois, Plaintiff-Appellee,

v.Quentin BATES, Defendant-Appellant.

NO. 4-16-0255

Appellate Court of Illinois, Fourth District.

FILED September 27, 2018

James E. Chadd, Patricia Mysza, and Emily E. Filpi, of State Appellate Defender’s Office, of Chicago, for appellant.

John C. Milhiser, State’s Attorney, of Springfield (Patrick Delfino, David J. Robinson, and David E. Mannchen, of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.

OPINION

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 In November 2011, the State charged defendant with (1) home invasion, (2) aggravated criminal sexual assault (penis to mouth), and (3) aggravated criminal sexual assault (penis to vagina). 720 ILCS 5/12-11(a)(1) (West 2010); id. § 11-1.30(a)(1). The State alleged that in September 2011, defendant, while armed with a knife, broke into A.P.'s dwelling and sexually assaulted her.

¶ 2 In October 2013, the State filed notice of intent to use evidence of other sex offenses. 725 ILCS 5/115-7.3(b) (West 2012). In pertinent part, the State alleged that, in October 2011, defendant, while armed with a knife, broke into C.H.'s dwelling and sexually assaulted her. In November 2013, the trial court granted the State's motion.

¶ 3 In January 2016, the State filed a motion in limine to exclude evidence of A.P.'s past sexual conduct. 725 ILCS 5/115-7(a) (West 2016). In response, defendant argued that semen found on A.P.'s vaginal swab that came from an unidentified male should not be excluded. The trial court granted the State's motion in limine .

¶ 4 In January 2016, a Sangamon County jury convicted defendant on all charges. In March 2016, defendant filed a motion for a new trial. The trial court denied the motion for a new trial and sentenced defendant to 30 years for home invasion, 40 years for aggravated criminal sexual assault (penis to vagina), and 30 years for aggravated criminal sexual assault (penis to mouth), with the sentences to run concurrently.

¶ 5 Defendant appeals, arguing (1) he received ineffective assistance of counsel, (2) he was denied his constitutional right to confront witnesses, (3) he should receive a new trial because the State mentioned other sexual assaults that occurred in the area, (4) the amount of evidence presented regarding C.H. deprived him the right to a fair trial, and (5) the trial court erred by failing to conduct a Krankel hearing (see People v. Krankel , 102 Ill. 2d 181, 188-89, 80 Ill.Dec. 62, 464 N.E.2d 1045, 1048-49 (1984) ). We disagree and affirm.

¶ 6 I. BACKGROUND

¶ 7 A. The Indictment

¶ 8 In November 2011, the State charged defendant with (1) home invasion, (2) aggravated criminal sexual assault (penis to mouth), and (3) aggravated criminal sexual assault (penis to vagina). 720 ILCS 5/12-11(a)(1) (West 2010); id. § 11-1.30(a)(1). The State alleged that in September 2011, defendant, while armed with a knife, broke into A.P.'s dwelling and sexually assaulted her.

¶ 9 B. The State's Notice of Intent

¶ 10 In October 2013, the State filed notice of intent to use evidence of other sex offenses. 725 ILCS 5/115-7.3(b) (West 2012). The State's motion stated the following:

"It is alleged in this case that on September 19, 2011, the victim, A.P., * * * awoke to find a black male holding a knife. The male threatened her with the knife and then placed his penis in her mouth. He also choked her with his hands and placed his penis in her vagina. * * * It was determined that the male had entered through a bedroom window. While [the victim] was seeking treatment at the hospital, swabs were taken from the victim and sent to the Illinois State Police Forensic Science Crime Laboratory. Testing of one of the swabs revealed the presence of semen. DNA testing was conducted on this specimen and it was determined that the defendant * * * could not be excluded as a contributor of the identified male DNA[.]

The defendant is also charged in Sangamon County Circuit Court case number 11-CF-888 with Home Invasion, two counts of Aggravated Criminal Sexual Assault, and Residential Burglary.

In 11-CF-888 it is alleged that on October 6, 2011, the victim, C.H., was asleep in bed * * * and awoke to find a black male holding a knife to her throat. The male * * * put his mouth on her neck, breasts, and vagina * * * and choked her. * * * It was determined that he had entered the residence through a window. While seeking treatment at the hospital, swabs were taken from the victim and sent to the Illinois State Police Forensic Crime Science Laboratory. Testing on one of the swabs revealed the presence of DNA which was a match to the DNA of the defendant[.]

The probative value of the proposed evidence outweighs any undue prejudice * * * as demonstrated by the proximity in time between the two incidents, the degree of factual similarity between the two incidents, as well as other relevant factors and circumstances."

¶ 11 Defendant argued the two crimes were dissimilar and that introduction of evidence from this second crime would be unfairly prejudicial. In November 2013, the trial court granted the State's motion, concluding that there was a "strong similarity" between the two crimes and that the probative value outweighed any prejudicial effect. Accordingly, the court allowed the State to introduce this other-crime evidence as long as it was otherwise admissible. The court later denied defendant's motion to reconsider.

¶ 12 C. The State's Motion in Limine

¶ 13 In January 2016, the State filed a motion in limine to exclude evidence of A.P.'s past sexual conduct. 725 ILCS 5/115-7(a) (West 2016). In this motion, the State conceded that "DNA evidence was found on the victim * * * and her clothing that was traced to having originated from three separate individuals besides Defendant and A.P. Further, A.P. acknowledges having had prior sexual relations with individuals prior to the night of the alleged offense in the present case."

¶ 14 In response, defendant conceded that the two samples of DNA evidence found on A.P.'s clothing were from consensual sexual partners and that this evidence should be excluded. However, defendant argued that the third DNA sample, which was semen from an unidentified male found on A.P.'s vaginal swab, should not be excluded because "the victim says she was * * * vaginally assaulted."

¶ 15 Later that month, the trial court granted the State's motion in limine , concluding that the "evidence is coming in solely to show prior sexual history and that is clearly * * * prohibited by the Rape Shield Statute." See id.

¶ 16 Defendant would later make an oral motion to reconsider, arguing that the other DNA found on A.P.'s vaginal swab was evidence that an individual other than defendant was responsible for assaulting A.P. The trial court denied this motion.

¶ 17 D. The Jury Trial

¶ 18 In January 2016, this case proceeded to a jury trial.

¶ 19 1. The Evidence of the Attack on A.P.

¶ 20 A.P. testified that on the night of September 19, 2011, she was asleep in her apartment in Springfield, Illinois. She awoke to find a black male with his face covered approaching her. The man put his hands around her neck and touched her side with a knife. The man grabbed A.P., turned her over, and put his penis into her vagina. The man eventually threw her to the ground and told her to perform oral sex upon him. The man subsequently turned A.P. over, put his penis back into her vagina, and eventually ejaculated on her back. A.P. testified that she never got a good look at the man because his face was covered.

¶ 21 When the man left, A.P. called the police. Police officers testified that they found a knife in the bedroom. A.P. was taken to a hospital, and nurse Theresa Duncan testified that she swabbed A.P.'s mouth, vagina, vaginal area, and outer anal area for bodily fluids. Duncan noted that defendant's DNA was later discovered on the anal swab. She stated that it would be normal to find sperm cells on an anal swab even if there was not anal penetration.

¶ 22 Cory Formea, a forensic scientist for the Illinois State Police Crime Lab, testified that sperm cells were found on A.P.'s anal swab. He concluded that defendant could not be excluded as the contributor of the DNA and that this DNA profile would occur in "one in [every] 840 trillion blacks[.]" Formea conceded that defendant's DNA was not found on A.P.'s oral or vaginal swab. Brian Johnston, a detective for the Springfield Police Department, testified that he investigated the attack on A.P.

¶ 23 2. The Evidence of the Attack on C.H.

¶ 24 Mike Flynn, an investigator for the Springfield Police Department, stated that he investigated the attack on C.H. He stated that C.H. was asleep in her home on October 6, 2011, and was sexually assaulted. Flynn testified that he believed that the person responsible for the attack on C.H. may have been responsible for the attack on A.P. because of the similarity between the two attacks.

¶ 25 C.H. testified that on the night of October 6, 2011, she awoke to find a black male holding a knife to her throat. The man licked her breasts and vagina and stole money from her. After he left, C.H. called the police and went to the hospital.

¶ 26 A nurse testified that she examined and swabbed C.H.'s neck, chest, breasts, and genitals at the hospital. Dana Pitchford, a forensic scientist for the Illinois State Police, noted that saliva was found on C.H.'s chest swab. She testified that the male DNA found in the saliva matched defendant's DNA. She elaborated that "this profile would be expected to occur in approximately one in 2.8 quintillion black[s]."

¶ 27 3. The Interrogation Video

¶ 28 On the first day of trial, outside the presence of the jury, defendant made an oral motion to exclude the video of his interrogation for the alleged sexual assault of C.H. Defendant argued that the video had no probative value and was prejudicial. The trial court denied the motion.

¶ 29 On the second...