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People v. Boand9/30/2005
oom door and said that they had "a f------problem" because Levin was dead. Shepherd immediately called 911.
Defendant testified that, when he joined Shepherd in his bedroom, she was holding a condom and asked him whether he could "perform," which defendant interpreted as a request for sex. Defendant could not achieve an erection, and Shepherd's attempts to stimulate him orally were unsuccessful. According to defendant, he and Shepherd fell asleep without having sex, and he denied bringing methadone into the bedroom.
A forensic pathology report indicated that Levin died of cocaine and methadone intoxication. Officer Michael Nash interviewed defendant and Shepherd at the scene. Officer Nash testified that defendant told him that Shepherd had wanted to call 911, but Hoerer threatened both of them not to call. Defendant also allegedly told Officer Nash that he and Shepherd engaged in "sex" in his bedroom at about 6 a.m. Officer Nash was not sure whether defendant called the contact "sex" or "sexual intercourse." While at the scene, Officer Nash saw defendant consume an entire bottle of methadone. The police found opened condom wrappers in defendant's bedroom.
Defendant, Shepherd, and Hoerer were transported to the police station where defendant and Shepherd were placed alone in a room together. Shepherd testified that defendant told her "if you protect me, I will protect you. We are in big trouble here and we need to get our stories straight." Defendant allegedly told Shepherd not to mention the methadone and to blame Hoerer for "everything."
Shepherd testified that, following the interview at the police station, she and defendant returned to defendant's home and the two "remained together" until May 29, 2002, when Shepherd stopped speaking to him. Shepherd admitted that for several weeks she did not disclose Levin's methadone use or the alleged criminal sexual assault. However, in July 2002, Shepherd agreed to be interviewed again "to make things right and tell the truth." During this interview she failed to mention defendant's alleged instruction to "protect" him.
Defendant testified that he did not "sexually penetrate" Shepherd, and he denied telling Officer Nash that he had done so. Defendant further denied that he prevented Shepherd from calling 911 or instructed her to "protect him" during the investigation. Defendant insisted that he never believed that Levin would die. Detective Raymond Peters testified that he interviewed defendant at the police station on May 28, 2002. During that interview, defendant provided a statement that was consistent with his testimony at trial.
The jury returned a guilty verdict on all three counts, and the trial court imposed concurrent prison terms of 20 years for drug-induced homicide, 5 years for involuntary manslaughter, and 11 years for criminal sexual assault. Defendant's timely appeal followed.
II. ANALYSIS
The State has moved to strike the footnotes that defendant included in his brief, and we ordered the motion taken with the case. Supreme Court Rule 341(a) limits an appellant's brief to 75 pages and prohibits the use of footnotes to evade the page limitation. 188 Ill. 2d R. 341(a). In this case, defendant has submitted a 64-page brief containing 20 footnotes. The State contends that the footnotes are excessive and contain improper substantive argument with citation to authority. Mindful of the serious nature of the case and the numerous issues presented, we have carefully reviewed the footnotes and conclude that sanctions are unnecessary. We deny the State's motion, accordingly.
We next turn to defendant's allegations of error. He contends that (1) the tri
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