PEOPLE v. BERGIN

No. 2-90-0802.

590 N.E.2d 939 (1992)

227 Ill. App.3d 32

169 Ill.Dec. 20

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph M. BERGIN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 30, 1992.


Attorney(s) appearing for the Case

Philip C. Parenti (argued), Jeffrey J. Le-Vine, Philip C. Parenti, Ltd., Chicago, for Joseph M. Bergin.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director (argued), State's Attys. Appellate Prosecutor, Elgin, for the People.


Presiding Justice INGLIS delivered the opinion of the court:

A single parent of four young children was suddenly awakened in her bed at 4 a.m. on Sunday, September 3, 1989. Two men were in her dark bedroom, one standing right at her bedside. The closest man, whom the victim recognized as a 24-year-old next-door neighbor, covered her face with a pillow and allegedly said "[d]on't talk or we'll kill the kids." Both men then left.

Following a jury trial in May...

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