People v. Geneva

• Decision Date: 16 April 1990
• Docket Number: No. 1-88-1663,1-88-1663
• Citation: 196 Ill.App.3d 1017,554 N.E.2d 556,143 Ill.Dec. 621
• Parties: , 143 Ill.Dec. 621 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John GENEVA, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 556

554 N.E.2d 556

196 Ill.App.3d 1017, 143 Ill.Dec. 621

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John GENEVA, Defendant-Appellant.

No. 1-88-1663.

Appellate Court of Illinois First District, Sixth Division.

April 16, 1990.

Randolph N. Stone, Public Defender of Cook County (Stephanie L. Ellbogan, Asst. Pub. Defender, of counsel), for defendant-appellant.

Cecil A. Partee, State's Atty. (Renee Goldfarb, William D. Carroll, Diann Doppelt, Northbrook, of counsel), for plaintiff-appellee.

Justice McNAMARA delivered the opinion of the court:

Following a jury trial, defendant, John Geneva, was convicted of aggravated criminal sexual assault, criminal sexual assault, unlawful restraint, and aggravated battery. The trial court sentenced him to serve concurrent terms of fifteen years, ten years and three years respectively on the first three convictions and sentenced him to a five year term for aggravated battery, that term to be served consecutively. Defendant alleges the following errors on appeal: that the trial court abused its discretion in denying defendant's motion for a new trial based on newly discovered evidence; that the State failed to prove him guilty of aggravated criminal sexual assault beyond a reasonable doubt; that the trial court improperly convicted him of aggravated criminal sexual assault and the lesser included offenses of criminal sexual assault and unlawful restraint; that the trial court improperly considered that complainant was injured as an aggravating factor when sentencing defendant to a term of five years for aggravated battery; that the trial court improperly sentenced defendant to a consecutive term for aggravated battery; and that the trial court abused its discretion in imposing the total sentence.

The following testimony was elicited at trial. Complainant testified that she met defendant in the summer of 1984 and that they dated until October 1985.

On February 21, 1986, defendant called complainant at work and asked if she wanted to go out dancing with friends. She agreed to go, and agreed to pick defendant up at his house because his car was not working. Complainant arrived at defendant's house at approximately 6:00 p.m. When defendant came out of the house, he was carrying a shovel. Defendant told her he had to drop the shovel off at a friend's house. Defendant put the shovel in the trunk and got in the driver's side of the car. Complainant stated that he normally drove her car. She also noticed that he had a gun. When she asked him what the gun was for, defendant said he had to drop it off at a friend's house.

Defendant drove toward the Melrose Park Inn. Previously, defendant had told complainant that they were going to a hotel to a party before going dancing. Defendant registered at the motel, parked the car, and told complainant to get out. He directed her to room 238 and followed her up the stairs to the room.

When they arrived in the room, defendant told complainant to get comfortable and to watch some television. She took off her shoes, sat on the bed and began to watch television. Defendant went into the bathroom. When he came out a few minutes later, he was fully clothed, but complainant recalled that he looked like a different person.

Complainant testified that defendant told her to take her clothes off and when she refused, he threatened to hurt her. She then heard clicking noises, similar to metal hitting metal. She stated that defendant pushed her on the bed and started taking her shirt off. She began crying and screamed at defendant. Defendant told her to shut up so other people could not hear her screams. Defendant then removed their clothes. He placed the gun on the floor at the foot of the bed. It was the same gun she had seen when defendant first got into her car.

Complainant stated that defendant knelt on her shoulders, pushed her face toward him and tried to force her to have oral sex with him. Complainant refused and kept turning her head away. Defendant got on top of complainant and had vaginal intercourse with her. He then turned her over and had anal intercourse with her. Complainant was crying and defendant told her to be quiet. When she tried to scream, defendant put his hand over her mouth.

After the act, complainant put her shirt on and noticed that she was bleeding from between her legs. Defendant brought complainant her clothes and told her to hurry up because they were running late. Complainant did not know to what defendant was referring. Complainant finished dressing in the bathroom and put a piece of toilet paper in her underwear to stop the bleeding. Defendant directed her to be quiet and threatened to hurt her if she screamed or said anything when they left. He then messed up the bed and walked out of the room. They were in the motel room for approximately one half hour. She noted that as they left she saw the outline of the gun behind defendant's trousers.

They entered the car and defendant began to drive north on Mannheim Road. Complainant asked him why he was doing this to her and he replied that he loved her. When complainant looked out the window, defendant told her to stop in case people saw her crying.

When they reached Irving Park Road near O'Hare Airport, defendant pulled the car onto the shoulder. He got out of the car and took the keys from the ignition. He opened the trunk of the car and removed the shovel. Complainant stated that defendant pulled her out of the car and pushed her down to a ditch. He told her that "[i]f it's not there, it's your fault. We are running late." Complainant did not know to what he was referring. Defendant attempted to dig a hole in the ditch but was unsuccessful as the ground was frozen.

Defendant told complainant to stand by a nearby tree. When she asked him if they ever were going out with friends, defendant replied that they were not and that he "had this planned out pretty good" Complainant asked if he was going to shoot her. Defendant replied, "No, I don't want people to know it's my bullet inside of you because I love you." Complainant told defendant she wanted to go home. She then took her shoes off so she would be able to run if she had the opportunity to do so. Defendant squatted on the ground with his left hand on the back of complainant's coat. He told her that they would leave after the last set of cars passed. When complainant saw the last car go by, she told defendant that she wanted to leave. She then felt what appeared to be defendant punching her in the stomach. She saw a knife laying on the ground and she tried to grab it and throw it over the fence. Before she was able to do so, defendant tackled her and threw her to the ground.

Complainant testified that she ran out into the street, but no cars would stop. She attempted to get into her car, but defendant pulled her out and hit her head on the roof of the car. He tried to pull her into the ditch, but she held onto the bumper and screamed. She stated that defendant began to break down. He kissed her cheeks and told her that they both needed help. She then realized that defendant had stabbed her in the stomach. She told defendant to get away from the car. He started the car and offered to drive her to the hospital. He asked if she wanted her shoes and she replied that she did. When defendant went in the ditch to get her shoes, complainant got into the car, locked the doors and drove to Westlake Community Hospital.

Susan Sacco, a registered nurse at Westlake Hospital, treated complainant in the emergency room at 7:20 p.m. Sacco testified that complainant said that her ex-boyfriend raped and stabbed her. The emergency room staff pumped her stomach to ensure that she had no internal bleeding. Complainant's blood pressure dropped, and she complained that she was nauseated and proceeded to vomit. Sacco prepared the Vitullo kit to test for any evidence of blood or semen on vaginal slides. Complainant had not informed Sacco that she had been anally penetrated. Complainant was admitted to the intensive care unit of the hospital and remained there for two days. She was a patient in the hospital for four more days.

Officer Larry Piemonte testified that he spoke with complainant on February 21, 1986. Complainant told him that defendant had sexually assaulted her but did not specify what type of intercourse had occurred. She stated that she and defendant went to the motel because defendant had a change of clothing in one of the rooms. She also told him that defendant had a gun, but that she first observed the gun as defendant was opening the door to the motel room. When Piemonte first spoke with complainant at the hospital, he took notes and then wrote his police report at the police station.

Detective Hillard Pulikowski testified that on February 21, he talked to complainant at Westlake Hospital. Complainant told him that she and defendant were going to "Rocky's" first, but that defendant instead drove to the motel. She told Pulikowski that she first saw defendant with a gun when she went to pick him up. Complainant told Pulikowski that defendant had raped her vaginally and anally, and that he had hurt her.

Defendant testified in his own behalf. Defendant stated that he and complainant engaged in consensual sexual intercourse that night and that they had engaged in sexual intercourse on prior occasions in complainant's car. On the day of the occurrence, complainant called him, and despite the fact that he told her he was going out with some friends, she appeared at his door that evening. She sat in his living room for approximately fifteen minutes and they then left his house. Complainant drove the car, and they proceeded directly to the motel. Defendant exited the car and went to get a room.

In the room, they sat down on the bed and began watching television. Defendant began kissing complainant. They engaged in foreplay and then vaginal intercourse. Defendant denied having anal...