People v. Schneider

• Decision Date: 03 August 2007
• Docket Number: No. 2-05-0819.,2-05-0819.
• Citation: 873 N.E.2d 514
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth R. SCHNEIDER, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

873 N.E.2d 514

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth R. SCHNEIDER, Defendant-Appellant.

No. 2-05-0819.

Appellate Court of Illinois, Second District.

August 3, 2007.

Thomas A. Lilien, Deputy Defender, and Paul J. Glaser (Court-appointed), Office of State Appellate Defender, Elgin, for Kenneth R. Schneider.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect, for the People.

Presiding Justice GROMETER delivered the opinion of the court:

Following a jury trial in the circuit court of Winnebago County, defendant, Kenneth R. Schneider, was convicted of two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1) (West 2002)). The trial court sentenced defendant to consecutive 20-year prison terms. On direct appeal, defendant raises three arguments. First, defendant asserts that the State's motion for automatic substitution of judge was untimely and should not have been allowed. Second, defendant complains that the trial court committed reversible error when it prohibited defense counsel from cross-examining a police officer about whether the officer was being investigated for coercing a confession from a suspect in another case. Third, defendant contends that comments made by the prosecutor during closing argument deprived him of a fair trial. We affirm.

I. BACKGROUND

In a document file stamped April 24, 2003, defendant was charged by criminal complaint with two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1) (West 2002)). On May 21, 2003, the grand jury issued a two-count indictment against defendant. The indictment charged that, while displaying a knife, defendant, by the use of force, placed his penis in the vagina and anus of Sherry S. On May 27, 2003, pursuant to section 114-5(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-5(c) (West 2002)), the State filed a motion for substitution of judge, which it later amended. The trial court granted the motion. A jury trial before Judge Daniel Doyle commenced on February 22, 2005. The following evidence was adduced at the trial.

Frank Ciprys testified that at approximately 12:42 a.m. on April 17, 2003, he awoke to the sound of his dog barking. Ciprys proceeded to the front of the house, where he saw a woman sobbing on his porch. Ciprys and his wife let the woman into their home. According to Ciprys, the woman appeared to be in "a state of shock." She repeatedly stated that she had been "raped in the ass," that "he" had a knife, and that she thought that "he" was going to kill her. Ciprys called 911. A sheriff's deputy and paramedics soon arrived. Ciprys testified that the woman was dressed and that he did not notice any cuts or bruises on her.

Winnebago County Sheriff's Deputy Joseph Boomer responded to Ciprys's call. Inside the home, Boomer observed Sherry "crying hysterically." Sherry's face was red, and she was speaking quickly. Sherry told Boomer that she had been raped vaginally and anally.

Sherry testified that in April 2003, she was living on the streets of Rockford, working as a prostitute. At the time, she was pregnant and using crack cocaine. On the evening of April 16, 2003, Sherry drove to the area of 8th Street and 16th Avenue where she typically found her "dates." There, Sherry and another prostitute went to a shop where Sherry bought some cigarettes, candy, and lemonade. As the two women were walking back to the car, Sherry's companion found a "date." Sherry continued walking to her car as a blue Bronco pulled up beside her. At trial, Sherry identified the driver of the Bronco as defendant. Sherry got into the Bronco and asked defendant his name. He responded that it was "Randy." Defendant then drove Sherry to a dark, empty parking lot.

After defendant parked the vehicle, he told Sherry that he had to urinate. Defendant got out of the vehicle and told Sherry to "take off [her] fucking pants." Sherry stated that she sat there in "shock." The next thing she remembered was defendant at the passenger-side door, with a knife in his right hand. Sherry estimated that the blade of the knife measured five or six inches. Defendant opened the door and instructed Sherry to leave the vehicle. Defendant then told Sherry to put her hands up and not to scream or say anything. According to Sherry, defendant was "really aggressive" and started taking off her clothes. Defendant also began "thumping" Sherry in the head until she told him that she was six months pregnant. Defendant then turned Sherry around, pushed her to the ground, and forced his penis into her mouth. Defendant turned Sherry around again and inserted his penis into her vagina and then into her "behind." Sherry told defendant that it hurt, and he told her not to make a sound. Defendant then reinserted his penis into Sherry's vagina before ejaculating in her. Subsequently, defendant got up, threw Sherry's clothes at her, and stated, "You fucking whores. I can't stand you fucking whores." Sherry did not move until defendant drove away.

After defendant left, Sherry fled, dressing as she ran. At the end of the road she saw three houses. No one answered at the first two. However, a couple came to the window of the third house. Sherry told the couple that she was six months pregnant, that she had just been raped, and that she needed help. The couple let Sherry in, and the police arrived soon thereafter. Later, an ambulance took Sherry to the hospital, where a rape kit was administered. On April 22, 2003, a detective showed her a set of photographs and she selected defendant as the perpetrator of the rape. Sherry admitted that in May 2003, she pleaded guilty to burglary and received probation. At the time of her testimony, Sherry was in custody for failing to appear in court in relation to the burglary charge.

On cross-examination, Sherry testified that she had been a prostitute for three years. She denied using any narcotics or alcohol on the day in question. However, she was "pretty sure" that she had done some the day before. Sherry also admitted that she had been using crack cocaine for four years and that, prior to April 16, 2003, she smoked the substance "every day all day." She also stated that she probably used crack in the days before she spoke to the police about the case. In addition, Sherry admitted that she continued to use crack between April 23, 2003, and the date she was placed in custody on the burglary charge. Sherry denied being "under the influence" when she gave police a statement regarding the incident. However, she stated that there was a "possibility" that she used drugs the day before. Sherry stated that she had entered drug rehabilitation on four occasions. The longest time she had been sober was for the six months following the birth of her child.

Sherry could not recall how she got into defendant's vehicle or what she said before she got inside. However, she acknowledged entering the truck willingly. Sherry recalled asking defendant where they were going and him telling her that he was taking her to his house. Sherry told defendant that she did not feel comfortable "goin' way far out." However, defendant related that he wanted to leave the city limits because of the police. According to Sherry, at no time between the time she entered defendant's vehicle and the time defendant drove away was there a discussion about Sherry being hired for sex. Sherry explained that sometimes her clients discuss sex and sometimes they do not.

Susan Oca, an emergency room nurse at Rockford Memorial Hospital, testified that at approximately 2 a.m. on April 17, 2003, she assisted in administering a rape kit for Sherry. According to Oca, Sherry was "very distraught and upset." Sherry told Oca that a man pulled her into a vehicle, took her to a quarry, and sexually assaulted her. After administering the rape kit, Oca gave it to a Deputy Phillips. Oca did not see any cuts, bruises, or lacerations on Sherry.

Rockford police officer Randy Berke testified that he and his partner were on patrol in the early hours of April 19, 2003, when they overheard a dispatch reporting that a suspect in some recent rape cases was seen driving a red truck north on 7th Street. A short time later, Berke observed a red Ford pickup truck turn directly in front of his vehicle. Berke followed the truck. At about 1:35 a.m., Berke observed the driver commit a traffic violation. Berke activated his emergency lights and pulled the truck over. Berke approached the driver's side of the truck while his partner went to the passenger side. Berke asked the driver, whom he identified in court as defendant, for his driver's license and proof of insurance. Defendant told Berke several times that he could search the truck if he wanted to, so Berke asked defendant to step out of the vehicle. Berke asked defendant what he was doing in the area and defendant responded that he was out buying cigarettes. Berke mentioned that the address on the driver's license was 19 blocks away, and defendant responded that he liked driving around that area, which Berke described as the "main area" for prostitution in Rockford. A short while later, another officer arrived. After learning that defendant had consented to a search of the vehicle, the third officer searched and photographed the truck. Among the items photographed were two types of knives and a police scanner. Berke acknowledged that defendant was cooperative during these events and that he was ultimately released.

Having prevailed in a pretrial motion to introduce evidence of other crimes, pursuant to section 115-7.3 of the Code (725 ILCS 5/115-7.3 (West 2002)), the State presented testimony from two other prostitutes who claimed to have been sexually assaulted by defendant.

Danielle J. testified that she was working on 7th Street on the evening of November 1, 2002, when a man...