People v. Boatman

• Citation: 279 N.E.2d 425,3 Ill.App.3d 652
• Decision Date: 19 January 1972
• Docket Number: Gen. No. 55086
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Essie BOATMAN, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 425

279 N.E.2d 425

3 Ill.App.3d 652

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Essie BOATMAN, Defendant-Appellant.

Gen. No. 55086.

Appellate Court of Illinois, First District, Fourth Division.

Jan. 19, 1972.

Gerald W. Getty, Public Defender, Chicago, for appellant (Shelvin Singer, James J. Doherty, Asst. Public Defenders, of counsel).

Edward V. Hanrahan, State's Atty., County of Cook, Chicago, for appellee (Robert A. Novelle, James N. Karahalios, Asst. State's Attys., of counsel).

BURMAN, Justice.

The defendant, Essie Boatman, was charged in two separate indictments with commission of the offenses of rape and deviate sexual assault upon Glossie Davis and upon Dorothy Timms. The two causes were consolidated. After a trial before the court, without a jury, the defendant was found guilty of all four offenses and sentenced to serve 5 to 12 years in the Illinois State Penitentiary for each offense, the sentences to run concurrently.

The defendant, on appeal, contends (1) that he was not proven guilty beyond a reasonable doubt because the testimony of te two complaining witnesses was incredible and highly improbable and because the evidence failed to demonstrate a desire to resist on the part of Glossie Davis; and (2) that the trial court erred in refusing to admit testimony concerning the reputation of the complainants' place of residence.

Glossie Davis, a mother of two children and a cashier in the cafeteria of the University of Illinois Medical Hospital, testified that at about 12:30 A.M. on August 7, 1969, she was standing in front of her apartment building located at 3414 West Jackson Boulevard in Chicago, Illinois, when the defendant drove up in a 1962 or 1963 Chevrolet Impala. He got out of his car, and after inquiring whether two of his partners lived in the building, he forced her into the car at knife point. He then drove to a vacant lot underneath the rapid transit elevated tracks where he forced her to perform two acts of fellatio and raped her twice. While there he additionally threatened to cut off one of her breasts and to carve his gang's initials on her face. After exacting a promise from her not to call the police, he started to drive home; and on the way he stopped at a service station to purchase gasoline. While they were there, the defendant warned her not to cry out and continued to hold a knife at her side. When they returned to the building, she saw Dorothy Timms, a neighbor, standing out in front. The defendant forced her to lure Miss Timms into the car and then started to drive on again. After travelling for two blocks, the defendant permitted her to leave the car and then continued on with Miss Timms. She immediately ran to her landlady's apartment and reported the incident. Whereupon the police were called.

Dorothy Timms testified that early in the morning of August 7, 1969, she was persuaded by Glossie Davis to take a ride in a maroon automobile. After she entered the car, the defendant who was driving, proceeded for two blocks, stopped, and told Miss Davis to leave the car. After Miss Davis got out, the defendant drove to a vacant lot where he pulled out a knife, pressed it against her neck, and forced her to perform the same acts described by Glossie Davis. Afterward, the defendant drove to the vicinity of her home, and when he stopped for a light, she rolled out of the car and ran to a building where a friend lived.

Elnora Percy, the manager of the apartment building where the complaining witnesses reside, testified that at about 2:00 A.M. on August 7, 1969, Glossie Davis, who was crying and hysterical, rang the bell to her apartment and stated that she had been raped. Elnora Percy immediately thereafter called the police.

Sergeant Gary E. Bazarek of the Chicago Police Department testified that he received a call to go to the Jackson Boulevard address at 2:15 A.M. on the morning in question. He went to Mrs. Percy's apartment and observed that Glossie Davis was crying and on the verge of hysteria. Miss Davis told the police what had occurred and expressed her concern for the safety of Dorothy Timms. Miss Davis then described the defendant and the clothes which he was wearing and stated that the defendant was driving a 1962 or 1963 red Chevrolet Impala. He drove about the area for some time until he saw a red Chevrolet. He stopped the car and ordered the defendant out of it at gun point. After noting that the defendant was wearing the clothes described by Miss Davis, he placed him under arrest.

Essie Boatman testified on his own behalf and stated that while he was driving down Jackson Boulevard, on the way to a friend's house, he was hailed to the side of the road by Glossie Davis. After he stopped and picked her up, she asked him if he wanted a date and he replied that it depended on the price. They argued about the amount, and then, by agreement, went to a vacant lot where they had sexual intercourse. He denied having more than one sexual relationship with Glossie Davis and denied that he had a knife. With respect to Dorothy Timms, he stated that he had never seen her prior to her appearance in court.

A neighbor of the defendant, the mother of his girl friend and his brother, testified that the defendant had a reputation for peacefulness in the community.

Initially we agree with the defendant, that he is presumed innocent and that this presumption can only be overcome if the State proves his guilt beyond a reasonable doubt by credible evidence. People v. Coulson, 13 Ill.2d 290, 149 N.E.2d 96. The defendant questions the truthfulness of the complainants' testimony and points out inconsistencies and contradictions in the testimony of the complaining witnesses. It is not uncommon when two persons view the same events for one to observe and recall details which the other does not remember; and likewise, it is not unusual...