People v. Coleman
| Decision Date | 27 November 1991 |
| Docket Number | No. 1-88-3514,1-88-3514 |
| Citation | 584 N.E.2d 330,222 Ill.App.3d 614 |
| Parties | , 165 Ill.Dec. 151 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel COLEMAN and Anthony Mason, Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, and Sherry
[165 Ill.Dec. 153] L. Biedar Asst. State's Attys., and Kathleen F. Howlett, Sp. Asst. State's Atty., of counsel), for plaintiff-appellee.
Defendants, Daniel Coleman and Anthony Mason, were charged by indictment with six counts of aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, par. 12-14), one count of aggravated battery (Ill.Rev.Stat.1985, ch. 38, par. 12-4), three counts of aggravated kidnapping (Ill.Rev.Stat.1985, ch. 38, par. 10-2), two counts of kidnapping (Ill.Rev.Stat.1985, ch. 38, par. 10-1), and one count of unlawful restraint (Ill.Rev.Stat.1985, ch. 38, par. 10-3). Defendant Coleman received a jury trial. Defendant Mason was tried simultaneously by the court. Both defendants were found guilty of aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, par. 12-14), and sentenced to 20 years in the Illinois Department of Corrections.
The following issues are before this court for review: (1) Whether defendant Coleman should be granted a new trial because the State forced him to be tried by a jury; (2) whether the People proved beyond a reasonable doubt that defendant Mason was accountable for defendant Coleman's actions; (3) whether the cumulative effect of errors at trial prejudiced defendants so as to require that they be granted a new trial; (4) whether comments made by the prosecutor during closing argument constitute reversible error; and (5) whether the trial court abused its discretion by sentencing defendants to 20 years' incarceration.
We affirm in part and reverse in part and remand.
On Friday, October 17, 1986, at approximately midnight, Anthony Mason, Daniel Coleman, and three of their friends went to the Famous Lounge, a bar located in Chicago, to celebrate Mason's birthday. Coleman met Y.R., the complainant, at the bar. The couple danced several times during the evening. The bar closed at approximately 3 a.m. At that time, Coleman invited Y.R. to breakfast.
As the couple left the bar, Coleman introduced Y.R. to Mason, Loretta Buckner, and Joe and Ed Bruce. Mason, Y.R., Coleman, and Coleman's friends all got into the car. Coleman then drove Loretta Buckner and Joe and Ed Bruce to their respective destinations. Mason and Y.R. remained in the car. Coleman then stated that he had to drive Mason to 47th Street. However, Coleman instead drove to the Museum of Science and Industry (hereinafter Museum) at East 56th Street.
Complainant testified that after arriving at the Museum, Coleman ordered her to have sexual intercourse with both him and Mason. She stated that she refused to have intercourse with defendants, and that she told Coleman she would "get out and walk." Complainant further testified that she attempted to get out of the car and that Coleman "grabbed" the back of her head in order to prevent her from leaving the car. The witness then stated that both defendants beat her and that Mason held her feet while Coleman pulled off her necklace, attempted to choke her, and separated her ear lobes into two parts by ripping her earrings from her pierced ears. She further testified that defendants removed her from the seat of the car and locked her in the trunk of the car. Complainant also told the court that she injured her hand in the process of attempting to prevent defendants from locking her in the trunk.
Complainant then testified that defendants drove the car to the rear of the Museum and let her out of the trunk near the lagoon. She stated that after she got out of the trunk, Coleman ripped her blouse and suggested to Mason that they "shoot" her. Thereafter, Coleman pushed her down on the ground, unfastened his pants, and forced his penis into her mouth while Mason pushed a metal object against the back of her head. The witness stated that defendants then threw her into the lagoon, after they heard someone coming, and she later crawled onto the embankment and was assisted by a police officer.
Mr. Geffrey Gibbons testified that he saw defendants attack complainant. Gibbons told the court that he parked his car in the Museum parking lot at approximately 4:30 a.m. on October 17, 1986. At that time, he saw two men leaning on the trunk of a car and the trunk was moving up and down as if someone were trying to get out. Gibbons further testified that he reported the incident to the police and they arrived shortly thereafter.
After being interviewed by police, Gibbons overheard that a weapon was involved in the assault. He went back to the Museum at daybreak and recovered a caulking gun wrapped in a towel near the lagoon. He then gave the caulking gun to the police. Complainant was unable to identify the caulking gun as the object that defendant Coleman pressed against the back of her head. However, the court admitted the caulking gun into evidence over the objection of the defense. The trial court held that the caulking gun was offered as corroborative evidence of complainant's statement.
After the assault, Y.R. was taken to the Bernard Mitchell Hospital of the University of Chicago Medical Center. She was examined and treated by Dr. Sari Hart. Dr. Hart observed that Y.R. was covered with leaves, dirt, and gravel, and that her clothing had been partially removed. Dr. Hart also discovered that she had numerous abrasions on her face, neck, chest, knees, hands, right buttock, and right thigh. In addition, her right hand was swollen. Dr. Hart asked Y.R. what happened to her, and Dr. Hart later testified that complainant responded in the following manner:
Dr. Hart further testified that the physicians in the emergency room at Bernard Mitchell Hospital routinely ask patients to describe the manner in which they were injured. A patient's explanation enables the attending physician to determine which injuries to look for during a physical examination and which latent injuries the patient should be tested for.
After being treated at the hospital, Y.R. was taken to the police station where she was photographed and interviewed. She moved out of town approximately 1 month after the assault. She had no additional contact with the Chicago police department or the office of the State's Attorney until she was summoned to appear in court.
Over his counsel's objections, the trial court allowed defendant Coleman to be tried by jury pursuant to section 115-1 of the Code of Criminal Procedure. (Ill.Rev.Stat.1987, ch. 38, par. 115-1.) Coleman testified that a different series of events occurred on the night of October 17, 1986. He stated that complainant wanted more liquor after leaving the bar. They drove to a liquor store, but it had already closed. Defendant Coleman further testified that he and complainant purchased cocaine after leaving the liquor store and before driving to the Museum. He stated that complainant became nervous because it was taking him a long time to freebase the cocaine and that complainant grabbed the cocaine and attempted to flee the car. The witness further stated that he and defendant Mason attempted to push complainant back into the car because she was screaming.
[165 Ill.Dec. 155] He stated that he instructed Mason to place complainant in the trunk of the car because they were unable to force her back into the car seat. Coleman further stated that he and Mason then placed complainant in the trunk of the car and drove the car behind the Museum to the lagoon. Coleman then told the court that he and Mason lifted complainant out of the trunk and took a pipe to the lagoon in order to obtain the water which they needed to smoke the cocaine. He further testified that shortly thereafter the police came and that he responded by throwing the paraphernalia into the lagoon, pushing complainant into the lagoon, and jumping into the lagoon himself before surrendering to the police.
Defendant Mason received a bench trial. His version of the series of events which occurred on the night in question was substantially similar to defendant Coleman's testimony. Mason testified that he was asleep in the back seat of the car and that he awoke as complainant was attempting to leave the vehicle. He further testified that he helped Coleman put her into the trunk of the car in order to prevent her from leaving. He stated that on the way to the rear of the Museum, Coleman told him that he had some cocaine to freebase. According to the witness, once they reached the rear of the...
To continue reading
Request your trial
- People v. Drake
-
People v. Griffin
... ... See e.g., People v. Tyler (1979), 78 Ill.2d 193, 196-97, 35 Ill.Dec. 686, 688, 399 N.E.2d 975, 977; People v. Coleman (1991), 222 Ill.App.3d 614, 623, 165 Ill.Dec. 151, 157, 584 N.E.2d 330, 336, appeal denied, (1992), 144 Ill.2d 637, 169 Ill.Dec. 145, 591 N.E.2d 25; People v. Jones (1989), 184 Ill.App.3d 412, 431, 133 Ill.Dec. 295, 306-07, 541 N.E.2d 132, 143-44 ... Applying these principles to ... ...
-
People v. Mercado
... ... (People v. Sandoval (1990), 135 Ill.2d 159, 194, 142 Ill.Dec. 135, 150-51, 552 N.E.2d 726, 741-42; People v. Coleman (1991), 222 Ill.App.3d 614, 626, 165 Ill.Dec. 151, 159, 584 N.E.2d 330, 338, appeal denied, (1992), 144 Ill.2d 637, 169 Ill.Dec. 145, 591 N.E.2d 25.) In People v. Strother (1972), 53 Ill.2d 95, 290 N.E.2d 201, the court held that it amounted to such an abuse to preclude defense counsel from ... ...
-
People v. Oehrke
... ... Illinois recognizes the common law exception to the hearsay rule for statements made by a patient to medical personnel for the purpose of medical diagnosis and treatment. People v. Gant, 58 Ill.2d 178, 186, 317 N.E.2d 564 (1974); People v. Coleman, 222 Ill.App.3d 614, 625, 165 Ill. Dec. 151, 584 N.E.2d 330 (1991). The exception encompasses "`statements made to a physician concerning the cause or the external source of the condition to be treated.'" Coleman, 222 Ill.App.3d at 625, 165 Ill.Dec. 151, 584 N.E.2d 330, quoting Gant, 58 Ill.2d at ... ...