People v. Lawler
| Citation | 142 Ill.2d 548,154 Ill.Dec. 674,568 N.E.2d 895 |
| Decision Date | 22 February 1991 |
| Docket Number | No. 70028,70028 |
| Parties | , 154 Ill.Dec. 674 The PEOPLE of the State of Illinois, Appellant, v. Stanley K. LAWLER, Appellee. |
| Court | Supreme Court of Illinois |
Neil F. Hartigan, Atty. Gen., Springfield, and Paul Hillis, Jr., State's Atty., Salem , for the People.
Daniel M. Kirwan, Deputy Defender, and Larry R. Wells, Asst. Defender, of the Office of the State Appellate Defender, Mount Vernon, for appellee.
After a jury trial, the defendant, Stanley K. Lawler, was convicted in the circuit court of Marion County of aggravated criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-14(a)(1)) and was sentenced to 12 years' imprisonment. The appellate court reversed and remanded the cause for a new trial. (194 Ill.App.3d 547, 141 Ill.Dec. 612, 551 N.E.2d 799.) We granted the State's petition for leave to appeal (107 Ill.2d R. 315(a)).
The issues raised on review are whether: (1) the appellate court erred in finding that the defendant was denied a fair trial because the jury was allowed to hear the content of a telephone conversation between the complaining witness and her father, in which she alleged that she was being abducted by an armed man, and could not get away; and (2) the appellate court erred in finding that the defendant was denied the right to a fair trial because the trial court allowed the jury to consider the defendant's prior convictions.
The 21-year-old complaining witness testified as follows: that on the evening of July 17, 1987, her 2 1/2-year-old son went to stay with his father (her former husband) in Mt. Vernon, for only the second time; that she was afraid her son would be lonely and frightened, so she called her ex-husband several times and drove by his house repeatedly throughout that evening and during the morning of July 18, because there was no answer on the phone or at his door; that at 3:30 or 4 a.m., she left Mt. Vernon and began to drive to her home in Shattuc, Illinois; that on her way, she saw a car accelerate into the left lane, and pull up next to her; that as the car pulled up next to her, the driver (the defendant) yelled to her that her left rear tire was about to come off; that she then pulled over into a nearby parking lot because she was concerned about her car, as she had earlier driven over a deep pothole; that the defendant followed her into the parking lot; that after she and the defendant looked at her car, and she got into her car to leave, he drew a gun from his waistband and demanded that she move to the passenger seat so that he could drive; that as he was driving, she told him a story that her ex-husband had stolen her child, that she was part of a search party out looking for him and that if she did not call in, soon the others would start looking for her as well; and that he then drove over to a pay phone so that she could make her call.
Regarding her phone conversation, the complainant testified as follows: that she called her father collect (so that he could trace the call); that the defendant was right next to her the entire time she spoke on the phone; that when her father answered, she told him the story about her ex-husband and her son, and said "to get the police out looking"; that she asked her father if "Liz and Dave" (fictitious names that she used to alert her father) were in; that her father then became concerned and asked her a number of questions that could be answered "Yes" or "No"; that through that format she was able to let her father know that she was with an armed "weirdo," that she was somewhere between Centralia and Mt. Vernon, and that she could not get away; and that her father then told her to try and convince the defendant to take her to the Hardee's in Mt. Vernon, where he would have the police waiting.
The complainant also testified: that she and the defendant then got back into the car, and he drove the car to an isolated location; that he then exited the car and walked to the front of it; that, at that time, she was unsure of where the gun was, so she moved into the driver's seat and tried to start the car; that before she could get away, the defendant pointed the gun at her head and told her she made a serious mistake; that he then forced her to disrobe and move into the back seat; that he then penetrated her vagina with his penis; and that she informed him that she was not using birth control and asked that he ejaculate into a towel, which he did.
The complainant further testified as follows: that as they put their clothes on, the defendant said she was attractive and that it was a shame that he had to kill her; that she then apologized for not being a better sex partner, and that she would be better if they got something to eat, and suggested the Hardee's in Mt. Vernon; that he stated the Hardee's in Centralia was closer, and began to drive in that direction; that, on the way, the defendant stopped by his car to roll up the windows; that a large black car followed them into the parking lot, which she recognized as her father's; that she opened her door, jumped out of the car, ran to her father's car and told him to shoot the defendant; and that the defendant then drove off.
The complainant identified People's Exhibit No. 1, a Taurus 9 millimeter semiautomatic, as the gun the defendant used to abduct her. She also stated that she did not consent to have sex with him, and only did so to save her life.
The complainant's father testified as follows: that he received a phone call from his daughter in the early morning hours of July 18, 1987; that the conversation was unusual and that he then asked her some questions that could be answered with a "Yes" or "No" and that through this format, he learned that she was with an armed "weirdo," somewhere between Centralia and Mt. Vernon, and she could not get away; that he then called the police, got his gun, and he and his wife picked up the complainant's husband and began looking for her; that he saw a car on the east side of Centralia that looked like his daughter's; that he followed the car into a parking lot, and stopped his car so as to block the entrance to the lot; that his daughter jumped out of the car and told him to shoot the man, so he fired a shot into the air; that the complainant got into his car and was hysterical, crying and shaking; that he drove by the defendant's car, and had his wife write down the license plate number; and that he then took his daughter to the police station. The complainant's mother and husband related the same accounts as her father.
State Trooper Thomas Olivero testified that he saw a car with the license number that the complainant's mother had provided. He then stopped the car, and arrested the defendant.
Detective Gary Leming testified that the defendant waived his Miranda rights and made a tape-recorded statement (which was played for the jury). In the statement, the defendant stated: that he was driving in the area of Centralia around the late evening of July 17 and early morning of July 18; that he saw a car with a badly wobbling rear tire and he alerted the driver (the complainant) that her car had a problem; that he pulled over, and the complainant was crying; that she told him that her ex-husband had taken her child, and she asked him if he would drive her car to help find them because she was so upset; that he drove her in the direction she indicated, and at her request, stopped so she could make a phone call; that after the call, she told him that she was lonely and cold, and he gave her his jacket; that she then embraced and kissed him, and asked him to have sex with her; that he then drove the car to an isolated spot where he parked the car and they then had sex in the back seat; that she told him that she was "not on the pill" so he ejaculated into a towel in the car; that they then drove back to Centralia and he stopped by his car to roll up the windows; that suddenly a black car pulled up and the driver jumped out with a pistol and fired it into the air; that he thought it was the complainant's husband or boyfriend, so he let her get out of the car and he drove off; and that he later came back for his own car.
Detective Leming also testified that he operated the complainant's car and could find no wobble in either of the rear tires. Ronald Durr, an auto repairman, also stated that after examining the car, he could also find no wobble in the tires.
Lori Lawler, the defendant's wife, testified as follows: that the defendant did own a Taurus 9 millimeter semiautomatic pistol; that on the night of July 17, 1987, the defendant left for work at 8 p.m., and the pistol was still in the house; that she left the house at 10 p.m., to sleep at her in-laws; and that the next morning, she retrieved the pistol, from the same place she had seen it the night before, and gave it to a police officer.
In his own defense, the defendant testified in a manner consistent with the tape recording. He also said that he did not pay attention to the complainant's phone conversation, and did not go to the police after the shots were fired because he was afraid his wife would find out about his sexual encounter.
The defense also called David Winters, the pastor of defendant's church, who testified that the defendant had a good reputation in the community for truthfulness and peacefulness.
Following deliberations, the jury returned a verdict finding the defendant guilty of aggravated criminal sexual assault. The trial court sentenced the defendant to 12 years' imprisonment.
The defendant appealed and the appellate court reversed his conviction and remanded the case for a new trial. The court...
To continue reading
Request your trial
-
State v. Troupe
...Georgia, 368 U.S. 849, 82 S.Ct. 81, 7 L.Ed.2d 47 (1961); State v. Hall, 88 Idaho 117, 397 P.2d 261 (1964); People v. Lawler, 142 Ill.2d 548, 154 Ill.Dec. 674, 568 N.E.2d 895 (1991); Woods v. State, 233 Ind. 320, 119 N.E.2d 558 (1954); State v. Ladehoff, 255 Iowa 659, 122 N.W.2d 829 (1963); ......
-
U.S. ex rel. Jackson v. Page
...Walker's statement also satisfied the three conditions for a spontaneous declaration. Id. (citing People v. Lawler, 142 Ill.2d 548, 559-60, 154 Ill.Dec. 674, 679, 568 N.E.2d 895, 900 (1991)). The court acknowledged that a third party's questions to the declarant can destroy spontaneity, but......
-
People v. Yancy
...the truth of the matter asserted, and is generally inadmissible unless it falls within an exception." People v. Lawler, 142 Ill.2d 548, 557, 154 Ill.Dec. 674, 568 N.E.2d 895 (1991). Hearsay evidence is generally inadmissible because of the lack of an opportunity to cross-examine the declara......
-
Brooke Inns, Inc. v. S & R Hi-Fi and TV
...matter asserted and is inadmissible unless it falls within one of the recognized exceptions to the rule. (People v. Lawler (1991), 142 Ill.2d 548, 154 Ill.Dec. 674, 568 N.E.2d 895.) We first note that the evidence which defendant sought to have admitted constituted double hearsay since Geis......
-
Hearsay
..., 389 Ill App 3d 1095, 906 NE2d 1233 (2d Dist 2009); People v. Dressler , 317 Ill App 3d 379, 739 NE2d 630 (2000); People v. Lawler , 142 Ill 2d 548, 568 NE2d 895 (1991). In order to be admissible, the declarant’s state of mind must be relevant to a material issue in the case. People v. Clo......
-
Table of Cases
...3d 38, 628 NE2d 682 (1993), §§9:10, 9:70 People v. Lashmet , 372 Ill App 3d 1037, 868 NE2d 368 (4th Dist 2007), §13:30 People v. Lawler , 142 Ill 2d 548, 568 NE2d 895 (1991), §6:180 People v. Lawson , 232 Ill App 3d 284, 596 NE2d 1235 (1992), §§6:10, 6:110 People v. Layne , 286 Ill App 3d 9......