People v. Carter
| Decision Date | 22 December 2005 |
| Docket Number | No. 4-03-0167.,4-03-0167. |
| Citation | 841 N.E.2d 1052 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William D. CARTER, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Daniel M. Kirwan, Deputy Defender (Court-appointed), Office of State Appellate Defender, Mt. Vernon, for William D. Carter.
Jonathan H. Barnard, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Thomas R. Dodegge, of counsel, State's Attorneys Appellate Prosecutor, Springfield, for the People.
In August 2002, a jury convicted defendant, William D. Carter, of home invasion (720 5/12-11(a)(1) (West 2000)). The trial court later sentenced him to 20 years in prison.
Defendant appeals, arguing that he was denied a fair trial in that (1) the trial court improperly admitted other-crimes evidence (2) the court provided inadequate limiting instructions on the other-crimes evidence; and (3) a key part of the State's case was presented by stipulation, thereby violating his right to confront witnesses. We disagree and affirm.
In December 2001, the State charged defendant with (1) aggravated criminal sexual assault (720 ILCS 5/12-13(a)(1), 12-14(a)(1) (West 2000)) and (2) home invasion (720 5/12-11(a)(1) (West 2000)).
In July 2002, the trial court held hearings on in limine motions filed by both parties regarding the admissibility of other-crimes evidence. At the conclusion of those hearings, the court entered a written order granting and denying each party's motions in part and indicating precisely what evidence would be permitted.
At defendant's August 2002 jury trial, the following evidence was presented. Claiborne Parks testified that on December 17, 2001, he was living in a house located directly behind the residence of his landlord, Patricia Bizaillion. Early in the morning on that date, he heard glass breaking and then heard Bizaillion screaming and beating on his door. When Parks opened the door, he saw Bizaillion and two children. Bizaillion was hysterical and her neck appeared to be extremely red and irritated. She told Parks that someone was trying to kidnap or kill her and her children. Parks told a woman who was present in his residence (identified in the record only as "Marilyn") to call 9-1-1. Bizaillion asked Parks to go get her other children, and while he was on his way to Bizaillion's residence, he was met by police officers.
When a Quincy police investigator arrived at Bizaillion's residence on December 17, 2001, he saw a car with a smashed window. He went inside the residence and found it in a state of disarray. He saw items of women's underwear, a pillow, and a comforter on the floor. He found a handwritten note in the kitchen, which stated:
(The phone number contained in the note is the number of the Adams County 9-1-1 call center, and "Mr. Brown" was the police officer who took Bizaillion's earlier complaint on December 13, 2001.)
Bizaillion testified that she had known defendant for 10 years, and together they had had five children. (We discuss her testimony regarding her involvement with defendant prior to December 16, 2001, in our analysis of other-crimes evidence.) Bizaillion testified that on December 16, 2001, she put her children to bed around 9:30 p.m. About one-half hour later, she locked the doors and went to bed. She slept in an upstairs bedroom, in a bed with her four youngest children. Her oldest child, Ashley (who was nine years old at the time of defendant's August 2002 trial), slept downstairs. Sometime later, Bizaillion was awakened by defendant, who put his hand over her mouth and held a knife to her throat. He told her that if she made a sound or did not do everything he told her to do, he would kill her. He said, "I'll tell you what's going to go on tonight." He also told her that they were going to go to Texas. He was angry and said that he was going to regain his family.
Defendant told Bizaillion to get up because he wanted to go into another room where they could talk. He threatened to cut her throat if she made a sound. In another upstairs room, Bizaillion sat on the couch, and defendant apologized to her and said that he wanted his family back. He said that it was his duty to be a father and Bizaillion's duty to be a good wife, and she had not been a good wife.
Defendant put a blanket on the floor and told Bizaillion to lie down with him. She did what he told her, and he kissed her and touched her "all over." She did not consent and was afraid.
Several times, Bizaillion convinced defendant to let her go back to bed because one of the children had awakened and would wake up all the other children. Each time, defendant let her go back to bed for a short while, but then he returned to the bedroom and brought her out again. He removed her sweatpants and underpants and put his hand on and in her vagina. He attempted to have intercourse with her, but she squirmed and made up excuses, stating that they did not have birth control and she was afraid of the knife. Defendant also unsuccessfully attempted anal intercourse. At times, defendant held Bizaillion down by her arms and wrists. At one point, hoping to get help, Bizaillion suggested that they go to Wal-Mart to get birth control.
Bizaillion acknowledged that she did not see defendant's knife, although she felt it. It was a folding knife with a two- or three-inch blade. She heard him fold it up and put it in his pocket. She identified State's exhibit No. 15 as defendant's knife.
During her time with defendant, his "mood" shifted between being angry and wanting to reconcile their relationship. At one point, he accused Bizaillion of dating someone else.
Defendant told Bizaillion that they were going to go to Texas, where he would protect her. He told her that things would change when they crossed the river. He then told her she had 15 minutes to wake up the children and get packed. Because Bizaillion knew that Parks would wake up at 5:30 a.m., she deliberately packed slowly. Eventually, she woke the children to prepare them to leave.
When Bizaillion woke Ashley and told her that defendant was there, Ashley became upset. Ashley started crying after defendant started "being very demanding." Defendant told Bizaillion that if she did not "get packing," he would do something in front of Ashley that Bizaillion would not want Ashley to see. When he said this, he patted his pants pocket, where his knife was.
Bizaillion tried to tell Ashley to call 9-1-1, but she failed to make Ashley understand, and defendant would not leave them alone. After that, defendant would not let Bizaillion out of his sight. He told Bizaillion to leave a note for her parents telling them that she and defendant had reconciled and were going to Texas. Unbeknownst to defendant, Bizaillion included in the note the aforementioned references to a police officer and the phone number of the local emergency call center.
Defendant told Bizaillion that he would slice her throat in front of all the children if she did not get in the car. After the children got in the car, Bizaillion locked defendant out of the car and repeatedly honked the horn. Defendant grabbed onto a partially open rear window and shook it, saying "I'm going to fucking kill you, you bitch," until the window broke. He grabbed Bizaillion's hair and tried to grab her shoulders. She managed to unlock the doors and told the children to run, which they did. Bizaillion and two of the children ran to Parks' residence. Bizaillion yelled and screamed that defendant was going to kill her. After Parks let her in, she begged him and Marilyn to call 9-1-1. She also begged Parks to get his gun and go get her other children. When the police arrived, the other children were at Bizaillion's residence, and defendant was gone.
An emergency-room nurse testified that when she spoke with Bizaillion on December 17, 2001, she appeared to be frightened and had an abrasion on her left wrist.
Quincy police investigator Mary Miller testified that around 3 p.m. on December 17, 2001, Monica Thompson, who was a close friend of Bizaillion, brought a duffle bag to the police station and turned it over to Miller. The bag had the name "Carter" on it, and its contents included a road atlas, items of clothing, a crowbar, and candy.
Upon stipulation of the parties, the trial court admitted in evidence the audiotaped recording of the 9-1-1 call made at 5:23 a.m. on December 17, 2001, from Parks' residence. The tape was played for the jury.
A Wheatland, Wyoming, police officer testified that when he arrested defendant on December 26, 2001, defendant had a folding knife with a two-inch blade in his pants pocket. The officer identified State's exhibit No. 15 as the knife he confiscated from defendant.
Defendant testified that when he was sentenced to probation on September 11, 2001, for violating an order of protection, the trial court did not order him to have no contact with Bizaillion; rather, the court ordered him not to harm or harass her. A few weeks later, Bizaillion gave defendant a key to her residence, and he moved in with her.
In early November 2001, Bizaillion asked defendant to move out, and he did. Defendant still had contact with Bizaillion and went to her house to pick up and drop off the children and do minor house repairs. He was trying to reconcile with Bizaillion and wanted to attend counseling with her. He called her once or twice a day.
When defendant went to Bizaillion's residence on December 13, 2001, she would not talk to him. The next day, a police officer arrived at defendant's motel and gave him a warning ticket. Sometime...
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