 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Boand9/30/2005
ncharged Sex Offenses
Over defendant's objection, the trial court allowed Debra Brounstein and Nicole Semmen to testify to uncharged sex offenses allegedly committed by defendant two to three years before Levin's death. Defendant's challenge to the other-crimes evidence is twofold: he argues that its prejudicial effect outweighed its probative value and that the jury was instructed to consider it for improper purposes. The comparison of prejudicial effect and probative value is best determined in light of the purposes for which the evidence was admitted.
At trial, Brounstein testified that she and defendant had a physical, romantic relationship that ended in December 1999 when she began dating another person. Brounstein became pregnant but chose to terminate her pregnancy in April 2000. One or two days after the procedure, defendant called Brounstein and she agreed to go out with him. On the evening of the date, defendant offered Brounstein a pill that he said would help her sleep. Brounstein took the pill, fell asleep, and awoke with defendant straddling her with his penis in her vagina. Brounstein pleaded for defendant to stop because she was experiencing pain from the abortion, but defendant ignored her and continued until he ejaculated. On cross-examination, Brounstein admitted that she dated defendant several more times and reported the incident only at the request of her boyfriend, who was seeking leniency in his own drug case.
Semmen testified that she met defendant in 2001 and soon began an intimate physical relationship with him. Semmen and defendant shared and abused many drugs during the relationship, including alcohol, cocaine, methadone, and heroin. Four or five times, defendant provided Semmen with drugs that made her tired and lethargic. Defendant would engage in sexual intercourse with her while she was unconscious from the drugs. On cross-examination, Semmen admitted that she had sexual intercourse with defendant several times when no drugs were involved. Semmen also disclosed that she was once engaged to Levin's uncle and that she reported defendant's sexual misconduct only after Levin died.
Defendant testified that, at the time he met Brounstein in 1997, she routinely used pain killers, cocaine, and possibly heroin. They had consensual sex both with and without sharing drugs, but defendant insisted that he never gave her drugs to facilitate sex. Defendant denied seeing Brounstein in 2000, the year she had an abortion, and he denied that she told him she had one. Brounstein contacted defendant in 2001 or 2002, and they went out several times socially. Defendant denied having sex with Brounstein, Semmen, or anyone else who was in a drugged or unconscious state.
In reviewing the trial court's decision to admit evidence of defendant's other crimes, we briefly summarize the hearings on the issue. Before trial, defendant filed a motion in limine to exclude evidence that he "provided drugs to women for the purpose of overcoming any resistence to his sexual advances." Defendant argued that the evidence was remote and irrelevant to whether he delivered methadone to Levin. Defendant conceded that there was an issue as to whether he provided methadone to Levin or Shepherd, and the State characterized this issue as one of identity, which could be shown with other-crimes evidence. After hearing extensive argument, the trial court ruled as follows:
" he State, for purposes of [proving] modus operandi, will be permitted to introduce in rebuttal or to refute any issues of identity should they arise during the defendant's presentation of the case or for impeachment purposes. * I will bar the State from introducing during their case-in-chie
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|