People v. Maberry, 4-88-0652

Citation549 N.E.2d 974,193 Ill.App.3d 250
Decision Date18 January 1990
Docket NumberNo. 4-88-0652,4-88-0652
Parties, 140 Ill.Dec. 323 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Scott MABERRY, Defendant-Appellant.
CourtUnited States Appellate Court of Illinois

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lawrence J. Essig, Asst. Defender, for defendant-appellant.

Charles Colburn, State's Atty., Jacksonville, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellee.

Justice McCULLOUGH delivered the opinion of the court:

Following a jury trial, defendant Scott Maberry was found guilty of aggravated criminal sexual assault and home invasion and sentenced to concurrent 12-year prison terms for each offense with three years' supervisory release. Defendant raises five issues on appeal: (1) whether the trial court erred in admitting statements of identification of the defendant by the victim and the police as corroborative complaints and thereby denied defendant a fair trial; (2) whether the prosecutor's repeated misstatements of the evidence during closing argument denied defendant a fair trial; (3) whether various evidentiary rulings denied defendant the right to present a defense and thus, violated the compulsory process clause of the sixth amendment; (4) whether defendant's conviction for home invasion must be vacated because defendant's knife was not a "dangerous weapon" as defined by section 33A-1 of the Criminal Code of 1961 (Ill.Rev.Stat.1987, ch. 38, par. 33A-1); and (5) whether the jury instructions for aggravated criminal sexual assault were deficient because no mental state was included in the instructions. We affirm.

On February 9, 1987, the defendant was charged by indictment with two counts of aggravated criminal sexual assault (Ill.Rev.Stat.1987, ch. 38, par. 12-14(a)(1)) and one count of home invasion (Ill.Rev.Stat.1987, ch. 38, par. 12-11). The defendant pleaded not guilty, and a jury trial commenced on June 15, 1988.

I. REVIEW OF EVIDENCE
A. State's Case

The victim testified that on July 31, 1986, she stayed overnight at the home of a friend in Jacksonville, Illinois. At approximately 11:30 p.m. on July 31, the friend noticed the victim's ex-boyfriend, Bob Leonard, driving past the home on more than one occasion. The friend told the victim and both decided to call the South Jacksonville Police Department and request extra patrols because the victim was afraid of Leonard. Although Leonard was never actually observed near the home that night by the victim and he was not seen again by the friend, the victim testified she and her friend decided not to sleep alone that evening "in case Bob decides that he is going to come back and do something." They then moved their belongings from the bedrooms into the living room and prepared to sleep on the living room floor.

According to the victim, at approximately 12:30 a.m. on August 1, 1986, she and her friend were still awake when the defendant knocked at the front door. The victim had gone to school with the defendant for three to four years and worked with him at a local retail store. All three sat and talked for approximately 30 minutes in the house. The defendant left the residence at about 1:08 a.m. after being asked to leave several times. After defendant left, the victim recalled telling her friend that it was awful funny "that defendant lied to them" and "that he was even there in the first place."

(1) Assault and Initial Statements Identifying Defendant as Assailant
(a) Victim

According to the victim, at approximately 4:45 a.m., she was awakened by a naked man wearing a white mask. He woke her up by poking her in the right breast with a knife. The mask was circular with diamond-shaped holes for each eye, and covered the face of the perpetrator completely. She stated the knife was about five to six inches long with a shiny silver blade; the tip looked as if it had been broken off. She described the perpetrator as having brown hair, standing five feet five inches tall, with "kind of a husky build"; that she stood five feet two inches in height, and the perpetrator was "a little taller than I am." The victim stated she grabbed the perpetrator's arms and asked who he was and what he wanted. The perpetrator told her to be quiet and directed her into the bedroom with the knife, then ordered her to take off her clothes. After removing her clothes, the perpetrator engaged in vaginal and oral sex with the victim. The attack lasted about five minutes, during which time the perpetrator held the knife or had it nearby on the bed. The perpetrator then unsuccessfully attempted to use a towel to gag the victim. He then ordered her to leave the bedroom through the hallway and to walk into the kitchen. She stated the perpetrator picked up some keys or coins that were on an ironing board in the kitchen and led her out onto the back porch, where he stopped briefly, apparently looking for something on top of the refrigerator. There was nothing on the ironing board when she went to bed. The perpetrator had brown straight hair that was "choppy looking, like it was uneven."

The victim and the perpetrator went outside, where he ordered her to lay face down in the grass. He then threw the knife in the ground next to her leg. As she lay face down in the grass, the perpetrator began putting on some clothes he retrieved as they exited the house. Her assailant withdrew the knife from the ground, ordered her to get into the car parked in the front driveway, and to wait 15 minutes until he was gone. She watched the perpetrator leaving the yard until she could not see him anymore, went back inside the house, locked the back door, and woke up her friend "after a few minutes of beating on her." She identified the clothes the perpetrator wore as: "blue jeans, tennis shoes, and a shirt that kind of had three-quarter sleeves that had stripes on the sleeve, was darker on the top and light in the stomach area."

She testified she had only a sheet wrapped around her when she tried to wake up her friend. She called her boyfriend, while she was trying to wake her friend, because she did not know what to do. While the victim was talking to her boyfriend about the attack, there was a knock at the front door. The boyfriend told the victim he would call the police. The police arrived at the residence within three minutes of the victim's telephone call with her boyfriend.

South Jacksonville police officers Mark Aydelott and Theresa Daniels responded to the call. The victim told Officer Daniels that she had been attacked and she was 99.9% certain it was the defendant who attacked her. She was certain the defendant was her attacker because of his voice, hair, and build; she became 100% certain about one month after the attack when she saw the defendant walking at school. She identified the defendant by his gait which, the victim stated, was the same one she had seen at the time of the attack.

(b) Friend's Testimony

The friend testified the victim was staying at her house the evening of July 31 to August 1 because she, the friend, did not want to be alone in the house. She and the victim talked for a while before preparing to go to sleep. The victim ironed a shirt on the ironing board in the kitchen while they were talking.

She saw Bob Leonard drive by the house on July 31, 1986, and she and the victim decided to call the police. The defendant was a friend of the victim and, when he arrived at the house at 12:30 a.m. on August 1, she let him in the house to talk for a while. The defendant had two quarts of beer with him when he arrived. She further testified that after the defendant left the house early on the morning of August 1, 1986, she checked the doors and windows to be certain they were locked. She recalled telling the victim how she thought it was strange the defendant came to her house that night because he had never been there before and she did not think the defendant knew where she lived. She also stated there was nothing on the ironing board when she checked the doors.

The friend testified she was awakened at about 5 a.m. on August 1 by the victim standing above her, kicking her, and screaming that she had been raped. She stated the victim had a blanket wrapped around her and was very hysterical; the victim told her she was 99.9% sure the defendant was her attacker because of his build, the way his hair was cut, his height, and the way he talked in a low, rough whisper. The victim said her attacker was five feet five inches, or five feet six inches in height.

She testified the defendant was probably close to five feet six inches tall. In describing Bob Leonard, she stated Leonard had dark brown hair and a mustache, was about six feet tall, slender, and weighed 160 to 170 pounds.

(c) Officer Daniels

Officer Theresa Daniels testified she went to the friend's residence at 4:53 a.m. on August 1, 1986, and met the victim, who was very hysterical. After the victim calmed down enough to speak, Officer Daniels testified the victim told her she had been raped by the defendant.

(2) Police Activity at the Scene and Evidence Discovered

Officer Aydelott testified he arrived at the scene at approximately 5:15 a.m. He observed the screen above the sink in the kitchen was ripped, and discovered a basement window broken and ajar. Subsequently, he and additional officers found the defendant asleep in a car parked in the driveway of the home. When discovered, the defendant's clothing was disorderly; the inseam of the pants was off to one side; his shirt was not tucked in; and his hair was disarranged. The defendant was taken to the Jacksonville Police Department, where Officer Aydelott took custody of the defendant's tennis shoes, Wrangler blue jeans, and gray and black shirt with red stripes. The clothing was soiled and wet with perspiration. The...

To continue reading

Request your trial
9 cases
  • Wilson v. Firkus, 06cv00199.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • October 20, 2006
    ......         Over the course of the next two weeks, four more people—all of them white—were attacked within a roughly one-and-a-halfmile radius by a man matching ...Maberry, 193 Ill.App.3d 250, 140 Ill.Dec. 323, 549 N.E.2d 974, 982-83 (1990). In that case the defendant ......
  • People v. Burnette, 1-99-0740.
    • United States
    • United States Appellate Court of Illinois
    • September 28, 2001
    ......A firearm is undoubtedly a "dangerous weapon" within the meaning of the statute in effect at time of trial. People v. Maberry, 193 Ill.App.3d 250, 264, 140 Ill.Dec. 323, 549 N.E.2d 974 (1990) ; Burge, 254 Ill.App.3d at 90, 193 Ill.Dec. 310, 626 N.E.2d 343 . However, a ......
  • People v. Grisset, 1-95-2898
    • United States
    • United States Appellate Court of Illinois
    • May 19, 1997
    ...sixth amendment. We disagree. The compulsory process clause does not allow a defendant to offer irrelevant evidence. People v. Maberry, 193 Ill.App.3d 250, 263, 140 Ill.Dec. 323, 549 N.E.2d 974 (1990). The questions complained of here were not relevant, and the trial court did not abuse its......
  • People v. Whalen, 4-91-0974
    • United States
    • United States Appellate Court of Illinois
    • December 10, 1992
    ...... (People v. Maberry (1990), 193 Ill.App.3d 250, 263, 140 Ill.Dec. 323, 331, 549 N.E.2d 974, 982; King, 61 Ill.App.3d at 52, 18 Ill.Dec. at 374, 377 N.E.2d at 859.) It ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT