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People v. Boand9/30/2005
Hoerer's marijuana for cocaine. Shepherd admitted that she and defendant "might have kissed and touched each other" while in Chicago, but she denied engaging in sexual intercourse. Detective Raymond Peters testified that, the day after Levin's death, Shepherd told him that she engaged in a sex act with defendant while in Chicago. At trial, Shepherd denied making such a statement.
Defendant testified that he and Shepherd drove around Chicago using the cocaine, and at one point, Shepherd attempted to perform oral sex on defendant but did not because he could not achieve an erection. Defendant believed that Levin found and took the methadone at some point during the five hours that he and Shepherd were driving around Chicago.
Hoerer testified that, while he was alone with Levin, they had sexual intercourse on defendant's living room couch. Soon thereafter, Levin became agitated and wanted defendant and Shepherd to "hurry up" and return from Chicago with the cocaine.
Shepherd testified that, upon returning to defendant's home, she saw Levin sitting on the living room couch. Levin was unresponsive, but Hoerer and defendant told Shephard that Levin would be "fine" and was merely sedated from the methadone. The group attempted to revive Levin by placing her in a cold shower, but when she remained unresponsive, they returned her to the couch. Shepherd saw that Levin was unconscious but breathing. Shepherd testified that she believed that Levin needed medical assistance when the shower failed to awaken her. Shepherd suggested dialing 911, but Hoerer and defendant refused. Hoerer became infuriated, pushed Shepherd, cursed her, and yanked the telephone cord from the wall to prevent her from calling for help. Hoerer told Shepherd that he had seen Levin's type of reaction to the methadone "a million times" and knew that she would be fine. At one point, defendant placed himself between Hoerer and Shepherd to calm the situation. Defendant told Shepherd to go upstairs to avoid further contact with Hoerer.
Defendant generally corroborated Shepherd's testimony about the group's efforts to revive Levin, but he insisted that only Hoerer objected to calling for help. Defendant testified that, when he and Shepherd initially returned to his home with the cocaine, Hoerer immediately stated that Levin had "gotten into some of [defendant's] medication either when [Hoerer] went to the bathroom or fell asleep." Defendant corroborated Shepherd's description of Hoerer's profane and physical threats.
Hoerer offered yet another account of the group's discussion about summoning help. Hoerer testified that he, defendant, and Shepherd smoked crack cocaine for several hours before Shepherd suggested calling 911. Defendant objected and Hoerer agreed with his assessment of Levin's condition. When the effort to revive Levin in the shower failed, Hoerer stated that it was ultimately defendant's decision not to call 911 because, if help were summoned, the police would likely enter defendant's home. Hoerer denied threatening or making any physical contact with Shepherd.
Shepherd testified that, after her altercation with Hoerer, she went to defendant's bedroom, where she sat on the bed. She testified that defendant gave her a second bottle of methadone because she was "freaking out." Shepherd ingested all of the methadone, became dizzy, and quickly passed out. She recalled waking up with defendant on top of her. Defendant was naked, and it appeared to Shepherd that "he was attempting to have sex with ." However, Shepherd admitted that defendant could not achieve an erection and that she was unsure whether "he even had sex with ." Shepherd was awakened when Hoerer banged on the bedr
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