USA T. V. Illinois Case Summary
No. 09-1060
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In the
Appellate Court of Illinois
Second District
PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff-Appellee, ) Appeal from the ) Nineteenth Judicial ) Circuit Court ) v. ) Case. No. 92 CF 2751 )
JUAN A. RIVERA, JR., ) Hon. Christopher C. Starck ) Judge Presiding. Defendant-Appellant. )
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BRIEF OF DEFENDANT-APPELLANT
JUAN A. RIVERA, JR. ________________________________________________________________________
Thomas P. Sullivan
Terri L. Mascherin …show more content…
R15523, 17425. Rivera now said he was walking on Hickory Street when Holly Staker, who was wearing a sleeveless shirt and a pair of tight shorts, invited him up to the apartment. Rivera said it was dark in the apartment and a little boy and girl were playing inside. Id. At one point, Holly Staker changed the little girl’s diaper. Rivera stated that Holly Staker then changed into a nightgown and tried to seduce him, but he resisted her advances. At this point, the little boy went outside to play. Rivera continued that Holly Staker persisted in her sexual advances and they had intercourse, although he did not think he ejaculated because he was concerned about pregnancy. The sexual activity was interrupted when the little girl cried in the next room, and Rivera decided he did not want to continue. At this point, according to Rivera’s statement, Holly Staker got angry that he refused to continue having sex and brandished a knife, which she began swinging at Rivera. Rivera said he grabbed her arms and started punching her without realizing the knife was cutting her. He did not know how many times he cut her, but it was more than twice. Rivera stated that he washed the knife and his hands near the kitchen sink and ran out the back door of the apartment. He threw the knife, which he had broken into two pieces, to the ground. Rivera said he then went home and burned his clothes in the dumpster behind his house, after which he walked back to Hickory Street and saw the police and the woman for whom Holly Staker was babysitting. R14617-25, 15475-84,
________________________________________________________________________
In the
Appellate Court of Illinois
Second District
PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff-Appellee, ) Appeal from the ) Nineteenth Judicial ) Circuit Court ) v. ) Case. No. 92 CF 2751 )
JUAN A. RIVERA, JR., ) Hon. Christopher C. Starck ) Judge Presiding. Defendant-Appellant. )
________________________________________________________________________
BRIEF OF DEFENDANT-APPELLANT
JUAN A. RIVERA, JR. ________________________________________________________________________
Thomas P. Sullivan
Terri L. Mascherin …show more content…
R15523, 17425. Rivera now said he was walking on Hickory Street when Holly Staker, who was wearing a sleeveless shirt and a pair of tight shorts, invited him up to the apartment. Rivera said it was dark in the apartment and a little boy and girl were playing inside. Id. At one point, Holly Staker changed the little girl’s diaper. Rivera stated that Holly Staker then changed into a nightgown and tried to seduce him, but he resisted her advances. At this point, the little boy went outside to play. Rivera continued that Holly Staker persisted in her sexual advances and they had intercourse, although he did not think he ejaculated because he was concerned about pregnancy. The sexual activity was interrupted when the little girl cried in the next room, and Rivera decided he did not want to continue. At this point, according to Rivera’s statement, Holly Staker got angry that he refused to continue having sex and brandished a knife, which she began swinging at Rivera. Rivera said he grabbed her arms and started punching her without realizing the knife was cutting her. He did not know how many times he cut her, but it was more than twice. Rivera stated that he washed the knife and his hands near the kitchen sink and ran out the back door of the apartment. He threw the knife, which he had broken into two pieces, to the ground. Rivera said he then went home and burned his clothes in the dumpster behind his house, after which he walked back to Hickory Street and saw the police and the woman for whom Holly Staker was babysitting. R14617-25, 15475-84,