People v. Rottman
| Decision Date | 17 October 2014 |
| Docket Number | No. 1-12-1369,1-12-1369 |
| Citation | 2014 IL App (1st) 121369 -U |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. REBEKAH ROTTMAN, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from the Circuit Court of Cook County
Honorable Yolande M. Bourgeois, Judge Presiding.
¶ 1 Held: The judgment of the circuit court of Cook County is affirmed where the State proved defendant guilty beyond a reasonable doubt and where there was no reasonable probability that the ruling of the trial court would have been different had defense counsel called another witness.
¶ 2 Following a bench trial in the circuit court of Cook County, defendant Rebekah Rottman was convicted of one count of domestic battery in violation of section 12-3.2(a)(1) of the Criminal Code of 1961 (Code) (720 ILCS 5/12-3.2(a)(1) (West 2010)) and one count of criminaltrespass in violation of section 19-4(a)(1) of the Code (720 ILCS 5/19-4(a)(1) (West 2010)). She appeals, challenging the sufficiency of the evidence to support her conviction and alleging she received ineffective assistance of counsel. For the reasons below, we affirm.
¶ 4 On June 12, 2011, defendant was charged with criminal trespass to a residence and domestic battery. The charges alleged defendant "scratched, kicked, and punched" her boyfriend, Brian Remnes, in the "face, neck, arm, and leg area" after she refused to leave Remnes's apartment. A bench trial occurred on September 13, 2011.
¶ 6 At trial, the State presented the testimony of Remnes and Chicago police officer Collins. Defendant testified in her own defense.
¶ 8 Remnes testified that at the time of the incident he and defendant had been dating for six or seven months. On June 11, 2011, he, defendant, and defendant's friend, Katie Haverhals, attended a baseball game. After the game, the group went to a nearby bar before returning to Remnes's apartment around 1 a.m. Remnes then began grilling on the balcony while defendant and Haverhals remained inside the apartment.
¶ 9 According to Remnes, defendant was "fairly intoxicated" by this time—having consumed four to six beers over the course of the evening—and became irate. After observing defendant stumble into walls, doors, and bedroom curtains, Remnes asked her to relax and lay down. Defendant began cursing at him. Remnes asked defendant to leave, but she did not do so and instead hit him in the face with a combination of open and closed fists. Remnes again asked her to leave, but defendant continued to attack Remnes, kicking him in the groin and upper leg areas.
Defendant then started to choke Remnes by placing both of her hands around his neck. Remnes tried to remove her hands from his neck and attempted to push her out of the bedroom.
¶ 10 During the altercation, defendant retrieved Remnes's cell phone and used it to call Remnes's sister. Remnes then recovered the cell phone from defendant and used it to call the police. When defendant again refused to leave, Remnes grabbed defendant by her shoulders, pushed her out of the bedroom, and locked the door. Defendant responded by using a paper clip to open the lock, reentering the bedroom, and hitting Remnes again. Defendant again declined to leave the apartment.
¶ 11 Eventually, Remnes exited the apartment building and met the police outside. Remnes directed them upstairs to his apartment. Remnes's parents arrived shortly thereafter and, after briefly entering the apartment, waited with him outside. While outside, Remnes observed defendant being escorted out of the apartment by police.
¶ 12 At the conclusion of his direct examination, the Assistant State's Attorney presented Remnes with several photographs of his injuries. The photographs depicted: (1) a bite mark on his arm; (2) scratches, bruises, cuts, and scrapes on his face; (3) cuts and markings on his leg; and (4) bruises, cuts, and scrapes on his neck.
¶ 13 On cross-examination, Remnes testified that he consumed approximately four to six alcoholic drinks throughout the entire evening. He had nothing to drink before the baseball game, but drank a total of four beers at the ballpark. He then consumed two beers over the course of three hours after the ballgame. Remnes claimed he was unsure if defendant or Haverhals had anything else to drink after returning to his apartment because he was on the balcony grilling food and smoking a cigar while Haverhals and defendant were inside his apartment.
¶ 14 Remnes further added that defendant had, prior to the incident, moved personal items into his apartment. They had also purchased a dog together under Remnes's name. In addition, Remnes testified that defendant frequently stayed with him for extended weekends and had keys to the apartment.
¶ 16 Chicago police officer Collins testified that he and his partner, Officer Tellez, responded to the 911 call on June 12, 2011. When he arrived at Remnes's apartment, Officer Collins met Remnes, who then directed him upstairs. Upon entering the apartment, Officer Collins heard items being knocked over and a woman screaming. He also observed items knocked over in the kitchen and living room and he heard the same woman yelling profanity.
¶ 17 Officer Collins further testified that he witnessed defendant in a hallway between the kitchen and the bedroom. He and his partner asked her questions, but she ignored them and continued to yell profanity. Officer Collins also testified that he observed several scratch marks on Remnes's face, neck, and arm area, as well as bruises on his arm and legs. As defendant was wearing a "summerish outfit," Officer Collins testified that he was able to view her face, arms, and legs, and did not observe any injuries.
¶ 18 On cross-examination, Officer Collins testified that he did not witness how any of Remnes's injuries occurred and did not know what Remnes looked like earlier in the day. He further acknowledged he and his partner were unable to examine defendant at the apartment, but added that they did examine her upon returning to the police station. Officer Collins also testified that he did not see how the other items in the apartment were knocked over, but he witnessed defendant kick a statute in the hallway as she was going into the bedroom.
¶ 20 Defendant testified that she began dating Remnes in October 2010. At the time of the incident, she resided in Hanover Park with her parents, but spent the majority of her time at Remnes's apartment and left personal affects there. Together they purchased a dog and several items for the apartment.
¶ 21 On June 11, 2011, defendant drove from Remnes's apartment to pick up Haverhals from her home in Addison so they could attend a baseball game. When they returned to the apartment, defendant claims Remnes was sitting on the couch using his laptop with several empty beer cans resting on the table next to him. Defendant added that Remnes then had three beers prior to the game while, she and Haverhals each drank two beers.
¶ 22 According to defendant, the group arrived at the baseball game in the middle of the fourth inning. Each of them consumed three beers at the ballpark. In the middle of the ninth inning, the three left the ballpark and drove back to Remnes's apartment. Defendant testified that they spent approximately one hour there before leaving to go to a bar. During this time, defendant testified she consumed one beer. Meanwhile, Remnes consumed two beers and a Four Loko, a malt liquor beverage.
¶ 23 The group then walked to another bar near Remnes' apartment and remained there until midnight. While at the bar, defendant had three beers. According to defendant, Remnes consumed four beers and "chugged" a mixed drink that "was made up of at least six shots of different whiskeys." After walking back to Remnes's apartment, defendant and Haverhals changed into their pajamas and got something to eat while Remnes went to his bedroom. Defendant testified that Remnes consumed another two drinks upon returning home. After realizing she had not seen him for 20 minutes, defendant went to go look for Remnes. She found him on the balcony outside of his bedroom stumbling and unsuccessfully trying to light a grill.
Defendant suggested they go to bed and he approached her, grabbed her breasts, and pushed her toward the bed. In an attempt to regain her balance, defendant reached for the wall and instead pulled down the curtains.
¶ 24 According to defendant, at this point Remnes stated that defendant would be "really sorry" at 5:30 a.m. when the sun comes up. When defendant suggested that they fix the curtain in the morning, Remnes "chug[ged]" the rest of his beer and threw the can off the balcony. Defendant claims she then went into the kitchen to get a chair and fix the curtain. When she returned, defendant claims she sat next to Remnes, who by now was in bed. Remnes began kicking her and she got off the bed and stood next to the dresser. Defendant testified that Remnes followed her, began to call her names, and claimed he knew she was cheating on him. He then pushed her into the dresser several times. Defendant informed him that if he did not stop she was going to call his parents to come get him.
¶ 25 In response, Remnes threw his cell phone at her. Defendant then used it to call Remnes's sister. When his sister called back, defendant gave the phone to Remnes and he threw it at her a second time. When defendant asked him to calm down, Remnes again pushed her into the dresser. Whenever defendant tried to leave the bedroom, Remnes would block her way. According to defendant, Remnes then ...
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