People v. Nelson

Decision Date29 October 1986
Docket NumberNo. 2-85-0619,2-85-0619
Citation148 Ill.App.3d 811,499 N.E.2d 1055
Parties, 102 Ill.Dec. 275 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carlo A. NELSON, Jr., Defendant-Appellant.
CourtUnited States Appellate Court of Illinois

Daniel D. Yuhas, Jane Raley, Deputy Defenders, Office of State Appellate Defender, Springfield, for defendant-appellant.

James E. Ryan, State's Atty., Wheaton, Kenneth R. Boyle, Director, Robert J. Biderman, Rebecca L. White, State's Atty. Appellate Service Com'n, Springfield, for plaintiff-appellee.

Justice UNVERZAGT delivered the opinion of the court:

The defendant, Carlo A. Nelson, Jr., was charged by information with the offenses of indecent liberties with a child, deviate sexual assault and rape. (Ill.Rev.Stat.1983, ch. 38, pars. 11-4(a)(1), 11-3(a), 11-1(a).) He was found guilty on all three counts and sentenced to concurrent six-year terms in the Department of Corrections for the offenses of deviate sexual assault and rape. He contends he was not proved guilty beyond a reasonable doubt where the evidence showed no act of resistance, no prompt complaint, and no corroborating evidence, and that the improper admission of prejudicial hearsay was reversible error.

The complainant, Jennifer M., testified she was 14 years old at the time of the incident. She weighed approximately 110 pounds and was 5'3"'' tall. At 6 p.m. on November 8, 1983, she and two friends, Kelly Studlo and Christine Hackerson, appeared at the defendant's house. The defendant, along with his cousin, Patrick Peale, lived in his aunt's townhouse at 133 West Ogden Avenue in Naperville.

The three girls were runaways and had been missing for four or five days. They asked the defendant if they could stay overnight at the house. The defendant informed the girls that the police were looking for them and then invited them to stay. The defendant bought the girls some beer at their request, and they spent the evening in the living room of the house, drinking beer, playing cards and watching television.

Eventually, Kelly Studlo and Christine Hackerson fell asleep on couches that were located in the living room. Patrick Peale was sleeping upstairs. Jennifer and the defendant continued to talk in the living room for at least two more hours.

The defendant offered to show Jennifer some guns which were located in the basement of the house. After they walked down the stairs to the basement, the defendant said, "I want you now, and I know you want me." Jennifer replied, "No, I don't" and tried to go back upstairs, but the defendant grabbed her by the hair and started kissing her on the face and lips. The defendant unsnapped Jennifer's blouse and broke the hook of her bra but did not remove either. Jennifer testified that up until this point she had not been threatened. Jennifer testified she was then pushed from a standing position onto the concrete floor, and the defendant threatened to hurt her if she did not cooperate. She sat up, and he pushed her to the floor again. The defendant then took off his jeans and told her to remove her jeans. He attempted to put his penis into her vagina but penetration did not occur at that point, and they both stood up. The defendant told Jennifer to get down on her knees. When she refused to do so, he pushed her down to her knees by placing his hands on her shoulders, and he then put his penis into her mouth. He held onto his penis and moved it back and forth in her mouth; she was gagging at this time and trying to throw up. She was then pushed down completely onto the floor where the defendant put his penis into her vagina. When she started screaming, he put one hand over her mouth. When she continued to scream he used both hands to choke her neck and she stopped screaming. When she began again, the defendant began to choke her again. They had intercourse for a couple of minutes. She was on her back on the floor and he was on top of her, moving. She continued to try to scream and yell and make as much noise as possible while the defendant had his hands over her mouth or was choking her. The defendant then made Jennifer get up on her knees again, and he put his penis into her mouth a second time. She tried to gag and to throw up again.

Jennifer denied that she asked the defendant to give her some cannabis and denied that he said he had some in the basement but that he did not want to give her any. She also denied having looked around the house for some cannabis. Jennifer testified that she screamed and yelled for help as loud as she could about four times during the entire incident. She estimated that the distance from where she and the defendant were located in the basement to where her girl friends were located in the living room was a little more than 20 feet. She testified that each time she screamed, the defendant put both of his hands around her neck and choked her. It hurt her when he choked her, but the choking caused no bruises around her neck. She further testified that she tried to run upstairs several times, and that when the defendant was on top of her she tried to push him away and to squirm out from underneath him. She testified that the defendant never hit or punched her during the incident. She did not know if the defendant ejaculated in her, and she did not wipe herself off. Afterward, Jennifer testified the defendant picked up the telephone and said he was going to call the police. She told him to go ahead, then got up, put on her clothes and ran upstairs into the living room where her girl friends were still sleeping. Jennifer shook Kelly Studlo and Christine Hackerson and yelled at them saying, "Carlo just raped me. Let's get out of here. Wake up." She testified that her friends were starting to wake up, but that when she heard the defendant coming upstairs, she ran out of the house. She hid behind a dumpster outside. The defendant followed her outside and apologized to her. They returned to the house together. Jennifer testified she took a knife out of Kelly Studlo's purse and sat down on a couch in the living room until her friends awakened in the morning. The defendant laid down on a couch in the living room across from her and fell asleep. The next morning, November 9, Kelly Studlo woke up, and Jennifer wrote a note which stated, "Carlo raped me last night" and gave it to Kelly.

Jennifer testified that she last laundered her underpants on the morning of November 8, 1983. The girls were staying at another person's apartment, and the underpants were washed in the washer with detergent and then dried in the dryer. She testified she took off the underwear on the night of November 9, and that between the morning of November 8 and the evening of November 9 she had intercourse with no one but the defendant.

Jennifer and her two girl friends left the defendant's house about 2 p.m. on November 9. She testified that she did not report the rape to the police because she and her friends were runaways. On the evening of November 9, she was picked up by the police for being a runaway but did not inform them that she had been raped. When asked why she did not tell the police she testified, "I wasn't sure at that point if I was even going to say anything." Jennifer was taken to her home later that night. She did not tell her mother that she had been raped until the morning of November 10, and on November 11 she submitted to a physical examination. Jennifer testified that she observed a "redness" and a "soreness" around her vaginal area and informed the examining doctor of this fact.

Christine Hackerson testified that she, Jennifer M. and Kelly Studlo arrived at the defendant's residence at about 6 p.m. on November 8, 1983. She and Kelly Studlo got drunk and passed out about 11 p.m. on some couches that were located in the living room. Christine testified that at about 2 or 3 a.m., Jennifer shook her and Kelly awake. Jennifer was crying and shaking. Christine and Kelly sat up, and Jennifer said, "We've got to leave" and, "We must leave." The girls asked Jennifer why they had to leave. Christine testified Jennifer gave Kelly a piece of paper which had the words "Carlo raped me last night" printed on it. Jennifer left the house, and the defendant came upstairs 5 or 10 minutes later and asked where Jennifer was. The girls told him that she went outside, and Christine testified the defendant stated that he "must have been a little rough on her." The defendant then went outside to look for Jennifer. The defendant and Jennifer returned together to the house shortly thereafter. Jennifer was still crying and shaking. Jennifer sat down on the couch between Kelly and Christine, and she was quiet but still shaking.

Christine Hackerson testified during cross-examination that she is a light sleeper and that on the night of November 8 and during the early morning hours of November 9 she was not sleeping in a deep sleep but was kind of "passed out." She could hear the sound of the television off and on while she was sleeping. She testified she did not hear Jennifer scream or yell. She testified that when Jennifer came upstairs and woke her and Kelly saying she wanted to leave, she did not tell them why. Christine admitted that in her statement to the police she said she did not believe Jennifer had been raped. She testified that she wrote that because she did not see anything physically wrong with Jennifer except that she was emotionally upset. She said she expected there would be "bruises or something." She did not see any bruises on Jennifer's face, and she did not observe Jennifer's neck at that time. Christine testified that she had the conversation with Jennifer about the note when Jennifer first came upstairs, and that Jennifer talked about the rape later that same morning, while they were still at the defendant's house, and then later yet at a forest preserve where they went.

Naperville city police officer Charles Hoyer testified that on November 12,...

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  • People v. Daniels
    • United States
    • United States Appellate Court of Illinois
    • December 31, 1987
    ...or unimpeached or crystal clear and perfect in order to be deemed clear and convincing. (People v. Nelson (1986), 148 Ill.App.3d 811, 821, 102 Ill.Dec. 275, 499 N.E.2d 1055; People v. Powell (1985), 138 Ill.App.3d 150, 156, 92 Ill.Dec. 749, 485 N.E.2d 560.) Any shortcomings in the victim's ......
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