People v. Croft
| Decision Date | 15 March 1991 |
| Docket Number | Nos. 1-87-2083,87-2222 and 87-2223,s. 1-87-2083 |
| Parties | , 156 Ill.Dec. 31 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Curtis CROFT, Kevin Campbell and Alonzo Woodard, Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
Office of State Appellate Defender, Chicago (Karen Daniel, of counsel), for defendant-appellant Curtis Croft.
Earl L. Washington, Chicago, for defendants-appellants Kevin Campbell and Alonzo Woodard.
State's Atty. of Cook County (Renee Goldfarb and David R. Butzen, of counsel), for plaintiff-appellee.
The defendants, Curtis Croft, Kevin Campbell and Alonzo Woodard, were indicted with Demetrius Henderson for the aggravated kidnapping, aggravated sexual assault, and the murder of sixteen-year-old Kimberly Boyd. They were also indicted for armed violence based on the acts performed against Boyd. Croft, Woodard and Campbell waived a jury; Croft's bench trial was severed from the joint bench trial of Woodard and Campbell. Pursuant to an agreement of the parties, the defendants' bench trials were tried together with Henderson's jury trial. It was expressly understood that evidence pertaining to one defendant would not be admissible against the codefendants.
The judge found Campbell and Woodard guilty of aggravated criminal sexual assault and sentenced them to 28 years imprisonment. Croft was found guilty of murder, aggravated kidnapping and aggravated criminal sexual assault and sentenced to imprisonment for natural life for murder, 45 years for aggravated criminal sexual assault and 10 years for aggravated kidnapping. Croft's sentences were to run concurrently.
Henderson was found guilty of all offenses charged and was sentenced to death. His appeal is currently pending before the Illinois Supreme Court.
Woodard filed appeal number 87-2222; Campbell filed appeal number 87-2223; and their appeals were consolidated upon their motion. Croft filed appeal number 87-2083; and on the State's motion, Croft's appeal was consolidated with the appeals of Woodard and Campbell.
Woodard and Campbell contend that the State failed to prove them guilty beyond a reasonable doubt; that the judge abused his discretion in hearing their bench trials simultaneously with the bench trial of Croft and the jury trial of Henderson; and that their sentences were excessive. Croft's sole contention is that the judge erred in considering the statement of Henderson, Woodard and Campbell at Croft's sentencing hearing.
On July 13, 1986, the body of sixteen-year-old Kim Boyd was discovered in the alley behind 6039 South Carpenter Street in Chicago. An autopsy performed by Dr. Mitre Kalekar revealed that Boyd had suffered over 40 stab wounds to the head, face, neck, hands, abdomen, back and buttocks. She also had bruises on her face, elbow and back, along with a broken right thigh bone and several fractured ribs. The skin on her face and right hip had experienced "skin slippage," which could have been caused by coming into contact with the hot metal underside of a car. The cause of death was multiple stab wounds which Dr. Kalekar described as defensive wounds.
Seventeen-year-old Wendy Herron testified that at 8:00 p.m. on Saturday, July 12, 1986, she went to dinner with Croft and their infant child, Yolanda Harris and Demetrius Henderson, and their baby. After dinner, they drove to Croft's residence at 6736 South Bell. They talked and listened to music until 1:00 or 2:00 a.m. Henderson and Croft then dropped Harris and the two children off and returned to Croft's home. On the way back to Croft's home, they were joined by Alonzo and Anthony Woodard, Kevin Campbell, Kim Boyd and an unidentified woman. Later they were joined by Lester Snyder and a girl named Andrea, who was a friend of Wendy Herron's. After several hours of drinking in the basement of Croft's home, Croft and Henderson drove Snyder home. After returning, Henderson and Boyd were in a room located at the top of the basement stairs. Herron peered under the door to the room and saw the feet of Henderson and Boyd. Herron waited on the stairs until the door opened and Henderson and Boyd came out. Croft came down the stairs five minutes later. Herron and Andrea were then driven home by Henderson and Croft at about 3:45 a.m. Along the way, Croft and Henderson told her that they were returning to Croft's home.
Sixteen-year-old Anthony Woodard testified that he was at Croft's home on the evening of July 12. He, his brother Alonzo Woodard, his cousin Kevin Campbell, Kim Boyd and a girl named Angie got together with Croft, Henderson, Herron and a girl named Andrea, at Croft's home. After awhile the only people that were left were the Woodard brothers, Kevin Campbell, Croft, Henderson and Boyd. Henderson had led Boyd to a television room and later demanded that Woodard and Croft come into the room. There Henderson demanded that Boyd remove her pants. When she asked "Why?", Henderson hit her in the jaw, knocking her to the floor. She tried to fight back, but Henderson hit her again in the jaw. Henderson had vaginal intercourse with Boyd on the floor for five to ten minutes, and then Croft put his penis in Boyd's mouth. Woodard tried to stop Henderson and Croft but refrained from doing so after he saw Croft had a knife. Croft told Woodard to sit down, and Woodard did so. Croft then ordered Boyd to perform an act of oral copulation upon him, which she did. Alonzo Woodard and Campbell tried to enter the room but could not because a chair was blocking the door. After having intercourse with Boyd, Henderson opened the door and, with a knife, forced Alonzo and Campbell to enter the room. Henderson and Croft then forced Alonzo Woodard and Kevin Campbell to have sex with Boyd. Croft held a knife to Alonzo, pulled Alonzo's pants down and pushed him towards Boyd. Henderson had a knife in his back pocket.
Woodard also testified that Campbell stood up and said, "This ain't right" and everybody got dressed. Henderson took Boyd to the bathroom and, when they emerged, Boyd had cleanser on her face. Henderson then told the others that they would have to kill Boyd. Croft blindfolded her and led her out the side door of the house. Henderson then drove his car to the front of the house where Anthony and Alonzo Woodard and Campbell were waiting in a separate car. Henderson gave someone a "jump start" and then drove around to the back of the house, at Croft's request. When Henderson returned Campbell asked him where Boyd was, and Croft responded by patting the trunk of the car, stating that he would take her home. Henderson drove to Boyd's home but continued past. Woodard followed them for several blocks but lost them in traffic. Woodard admitted that he did not tell the police that Croft had a knife. He also did not tell the grand jury about the knife threats made to his brother Alonzo and cousin Campbell. He said that both Alonzo Woodard and Kevin Campbell were bigger than Croft and Henderson.
Detective Lawrence Tuider of the Chicago Police Department was assigned to investigate Boyd's death. He learned that other detectives had spoken with Alonzo Woodard and that the names of Croft and Henderson had come up. On July 17 Tuider and other detectives arrested Henderson at his apartment; Croft was arrested in the parking lot of the same apartment complex. After Croft was told why he was under arrest, he said that Henderson, not he, had killed Boyd.
When Tuider interviewed Croft later, Croft told him that Henderson became drunk and forced the other men, except Anthony Woodard, to have sex with Boyd. He himself did not have sex with her. It was Henderson's idea to kill Boyd. Henderson said Boyd should be killed because she would go to the police. She was then blindfolded with a brown rag that belonged to Croft. She was taken to the back of the house where she was placed in the trunk of the car by Henderson. (The car was owned by Henderson's mother.) Croft acted as a lookout when Boyd was taken to the car. Henderson and Croft drove off with Boyd in the trunk. Campbell and the Woodard brothers followed in a separate car, but eventually they lost Croft and Henderson in traffic. Croft told Henderson during the ride that they should feed Boyd, calm her down, and let her go home, but Henderson insisted that he had to kill her. At the alley on Carpenter Street they removed Boyd from the trunk, walked her fifteen feet down the alley and laid her down. Croft was a passenger in the car, and Henderson drove over Boyd five times. Henderson got out of the car and stabbed Boyd repeatedly with a knife and then returned to the car. Croft and Henderson drove to Croft's house where they washed up and went to bed.
Croft was also interviewed by Assistant State's Attorney Murray and said essentially the same thing with a few more details. Croft told Murray that when he, Henderson and Boyd were initially in the T.V. room, Henderson asked Boyd to engage in sexual intercourse, and she refused. Henderson hit her with a rolled up piece of wallpaper in the head. At Henderson's orders, Boyd removed her pants and Henderson had vaginal intercourse with her from a frontal and rear position. After Henderson was finished, Alonzo Woodard entered the room and also had vaginal sex with Boyd. Croft also said Boyd was crying and begging them to stop. They discussed what they were going to do with Boyd. Henderson said that after what they had done to her they would have to kill her or she would go to the police. Alonzo Woodard agreed, but Croft did not agree. Henderson blindfolded Boyd and put her in the trunk of the car. Croft told Henderson to let Boyd go or to give her some food. Henderson disagreed; he said, "You know, she has to die." They drove to an alley and, while Croft remained in the car, Henderson took Boyd from the trunk, and laid her on the ground. Henderson returned to...
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