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People v. Green
Citations: 140 Ill. App. 3d 35; 94 Ill. Dec. 393; 487 N.E.2d 1270; 1986 Ill. App. LEXIS 1839Docket: No. 5—84—0002
Court: Appellate Court of Illinois; January 10, 1986; Illinois; State Appellate Court
A St. Clair County jury found Kevin Green guilty of rape and deviate sexual assault, leading to a concurrent six-year prison sentence. Green appeals, arguing insufficient evidence for a conviction beyond a reasonable doubt. Victim Shirley recounts meeting Green through her ex-boyfriend, Paul Graham, and describes an incident on June 3, 1983. At approximately 4 a.m., Green knocked on Shirley's door; she let him in out of trust. After a brief conversation, he brandished a gun, physically assaulted Shirley, and forced both her and her friend Helen into sexual acts at gunpoint. He compelled Shirley to perform oral sex on him, and then made Helen do the same to both him and Shirley. Throughout the assault, Green threatened their lives to ensure compliance, ultimately falling asleep while still in possession of the gun, after which he warned Shirley not to report the incident. Shirley and Helen reported an incident involving the defendant, during which Shirley denied any prior sexual encounters with him, despite having seen him multiple times in the company of Paul Graham. The concept of "play brothers and sisters" was introduced by Paul, and Shirley allowed the defendant entry under the pretext of checking on her well-being. On the night of the incident, Helen observed the defendant entering and heard a commotion, followed by him brandishing a gun and ordering both women to disrobe. He forced Helen to perform oral sex on both Shirley and himself at gunpoint, despite her protests about menstruating. After the assault, Helen managed to escape momentarily but returned to retrieve Shirley's clothes. They sought help from a passerby who contacted the police. In the emergency room, nurse Alma Ray noted Shirley had abrasions but was calm upon arrival, becoming upset when recounting the events privately. Helen reported to another nurse, Helen Sandkuhl, that she had been raped and forced into oral sex, but also showed no signs of external injuries. Both nurses indicated that the absence of physical injuries is common in rape cases, and it was confirmed that evidence kits were used on both women. Helen later admitted to leaving out details in her initial statement to the detective regarding the sexual acts committed against her. The entire incident lasted approximately 5.5 hours. Sandkuhl stated that the Vitullo evidence kit can detect semen in the vagina after rape or in the mouth after oral sex, unless the male partner did not ejaculate. He noted that oral tests could be compromised if the victim ingested liquids or swallowed multiple times thereafter. Officer James Jarrett testified that he responded to a dispatch at Shirley's residence at 7:55 AM, where he found the defendant in bed with a loaded gun underneath him, dressed only in a shirt, while Shirley and her friend Helen appeared very upset. Shirley had an injury to her right knee and mentioned that she initially thought the defendant was a friend named Gary. During cross-examination, Jarrett relayed that Shirley indicated the defendant acted out of revenge against Graham after an argument. The defendant claimed to have worked as a security guard and testified he had known Shirley for five years and had engaged in multiple intimate encounters with her. He explained that he had separated from his wife and had been discussing moving closer to Shirley shortly before the incident. On the night in question, he arrived at Shirley's home around 4 AM after experiencing car trouble and claimed they did not have intercourse; he merely slept at her place, having placed his service weapon under his pillow. Forensic scientist Michael Brown testified that tests of oral and rectal swabs from both victims showed negative results for seminal material. However, a small amount of seminal material was found in Shirley's vaginal swab, suggesting either prior intercourse, an encounter without ejaculation, or cleaning after sex. Brown clarified that seminal material is rarely found on oral swabs. In rebuttal, landlord Marvin Faulkner stated he had briefly met the defendant once and had no business interactions with him, recalling Shirley referred to the defendant as her "play brother." Shirley and Helen provided rebuttal testimony for the State, asserting that the defendant did not ejaculate during the incident in question. In reviewing a rape conviction, it is essential to eliminate all reasonable doubt regarding the defendant's guilt; if the complainant's testimony lacks clarity and conviction, corroboration is necessary for the conviction to stand. The trial judge expressed doubts about the verdict and the credibility of the complainant’s testimony. The appellate court noted that while it typically defers to jury verdicts due to their firsthand assessment of witness credibility, the trial judge's concerns required proper consideration. After reviewing the evidence, the court found the jury's verdict insufficiently supported by convincing evidence. Key discrepancies between Shirley and Helen's testimonies, particularly regarding the number of sexual encounters, raised doubts. Additionally, the lack of corroborative medical evidence and the questionable value of the complainants' prompt complaints further undermined the case. The defendant's narrative, including his relationship with Shirley and the circumstances of his being found armed and undressed, was consistent with his account and cast doubt on the prosecution's claims. The absence of police testimony indicating a struggle at Shirley's residence and the non-testimony of a potentially corroborative witness further contributed to the uncertainty. Ultimately, the court concluded that substantial doubt regarding the defendant's guilt necessitated reversing the conviction. The judgment of the circuit court of St. Clair County was reversed.