{ "id": 5731208, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER HOWELL, Defendant-Appellant", "name_abbreviation": "People v. Howell", "decision_date": "2005-06-14", "docket_number": "No. 3-02-0643", "first_page": "512", "last_page": "529", "citations": [ { "type": "official", "cite": "358 Ill. App. 3d 512" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "668 N.E.2d 1090", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "282 Ill. App. 3d 92", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 159522 ], "year": 1996, "opinion_index": 0, "case_paths": [ "/ill-app-3d/282/0092-01" ] }, { "cite": "485 N.E.2d 339", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "109 Ill. 2d 102", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3126650 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/ill-2d/109/0102-01" ] }, { "cite": "572 N.E.2d 895", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "143 Ill. 2d 82", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5591083 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/ill-2d/143/0082-01" ] }, { "cite": "788 N.E.2d 297", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2003, "opinion_index": 0 }, { "cite": "337 Ill. App. 3d 1121", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 894471 ], "year": 2003, "opinion_index": 0, "case_paths": [ "/ill-app-3d/337/1121-01" ] }, { "cite": "623 N.E.2d 1361", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "157 Ill. 2d 248", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 778581 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/ill-2d/157/0248-01" ] }, { "cite": "724 N.E.2d 920", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "189 Ill. 2d 99", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1224818 ], "year": 2000, "opinion_index": 0, "case_paths": [ "/ill-2d/189/0099-01" ] }, { "cite": "765 N.E.2d 85", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "opinion_index": 0 }, { "cite": "328 Ill. App. 3d 1", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2183369 ], "year": 2002, "opinion_index": 0, "case_paths": [ "/ill-app-3d/328/0001-01" ] }, { "cite": "606 N.E.2d 1174", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1992, "opinion_index": 0 }, { "cite": "153 Ill. 2d 365", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4738482 ], "weight": 2, "year": 1992, "opinion_index": 0, "case_paths": [ "/ill-2d/153/0365-01" ] }, { "cite": "429 N.E.2d 905", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "102 Ill. App. 3d 122", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3075675 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ill-app-3d/102/0122-01" ] }, { "cite": "302 N.E.2d 324", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "55 Ill. 2d 172", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2937684 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/ill-2d/55/0172-01" ] }, { "cite": "736 N.E.2d 1092", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "192 Ill. 2d 348", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 453257 ], "year": 2000, "opinion_index": 0, "case_paths": [ "/ill-2d/192/0348-01" ] }, { "cite": "705 N.E.2d 850", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 4, "year": 1998, "opinion_index": 0 }, { "cite": "185 Ill. 2d 81", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 122017 ], "weight": 4, "year": 1998, "opinion_index": 0, "case_paths": [ "/ill-2d/185/0081-01" ] }, { "cite": "672 N.E.2d 1321", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "284 Ill. App. 3d 695", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1260387 ], "year": 1996, "opinion_index": 0, "case_paths": [ "/ill-app-3d/284/0695-01" ] }, { "cite": "648 N.E.2d 218", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "271 Ill. App. 3d 97", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 249227 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/ill-app-3d/271/0097-01" ] }, { "cite": "815 N.E.2d 830", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2004, "opinion_index": 0 }, { "cite": "352 Ill. App. 3d 73", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5457338 ], "weight": 2, "year": 2004, "opinion_index": 0, "case_paths": [ "/ill-app-3d/352/0073-01" ] }, { "cite": "381 N.E.2d 1217", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 5, "year": 1978, "opinion_index": 0 }, { "cite": "65 Ill. App. 3d 375", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3327923 ], "weight": 5, "year": 1978, "opinion_index": 0, "case_paths": [ "/ill-app-3d/65/0375-01" ] }, { "cite": "742 N.E.2d 893", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2001, "opinion_index": 0 }, { "cite": "318 Ill. App. 3d 83", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 279705 ], "weight": 2, "year": 2001, "opinion_index": 0, "case_paths": [ "/ill-app-3d/318/0083-01" ] }, { "cite": "786 N.E.2d 1019", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2003, "opinion_index": 0 }, { "cite": "203 Ill. 2d 352", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 799391 ], "weight": 2, "year": 2003, "opinion_index": 0, "case_paths": [ "/ill-2d/203/0352-01" ] }, { "cite": "161 N.E.2d 809", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1959, "opinion_index": 0 }, { "cite": "17 Ill. 2d 446", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5334360 ], "year": 1959, "opinion_index": 0, "case_paths": [ "/ill-2d/17/0446-01" ] }, { "cite": "803 N.E.2d 405", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2003, "opinion_index": 0 }, { "cite": "208 Ill. 2d 53", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2463141 ], "weight": 2, "year": 2003, "opinion_index": 0, "case_paths": [ "/ill-2d/208/0053-01" ] }, { "cite": "813 N.E.2d 1057", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2004, "opinion_index": 0 }, { "cite": "351 Ill. App. 3d 433", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1083814 ], "weight": 2, "year": 2004, "opinion_index": 0, "case_paths": [ "/ill-app-3d/351/0433-01" ] }, { "cite": "541 U.S. 36", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 5873383 ], "weight": 6, "year": 2004, "opinion_index": 0, "case_paths": [ "/us/541/0036-01" ] } ], "analysis": { "cardinality": 1096, "char_count": 37894, "ocr_confidence": 0.73, "pagerank": { "raw": 6.794771682857169e-08, "percentile": 0.4156991392162246 }, "sha256": "0b07c199371e6afef8ed1ca4e25bc6eb1b281574602960cb7f1c55c975057956", "simhash": "1:8a347f69b1fa87ea", "word_count": 6337 }, "last_updated": "2023-07-14T22:37:08.387494+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER HOWELL, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE HOLDRIDGE\ndelivered the opinion of the court:\nA jury found the defendant, Christopher Howell, guilty of (1) home invasion (720 ILCS 5/12 \u2014 11(a)(2) (West 2000)) and (2) witness harassment (720 ILCS 5/32 \u2014 4a(a)(2) (West 2000)). He was sentenced to concurrent prison terms of 15 and 30 years for these offenses, respectively, to be served consecutively with his sentence in another case.\nDuring the pendency of this appeal, the United States Supreme Court issued its opinion in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), which concerns one of the issues in this case. Consequently, we ordered the parties to submit supplemental briefs concerning the effect of Crawford on this case.\nOn appeal, the defendant argues that the trial court erred by admitting (1) testimony that a witness recognized the defendant\u2019s voice without the State supplying a sufficient foundation; and (2) the hearsay grand jury testimony of a State witness in violation of his sixth amendment right of confrontation under Crawford. The defendant also contends that the prosecutor\u2019s closing and rebuttal remarks were prejudicial (1) by vouching for the veracity of a witness; (2) by implying that the defendant had committed other crimes; (3) by defining the term \u201creasonable doubt\u201d; and (4) cumulatively. Additionally, the defendant submits that the State failed to prove the elements of the crimes beyond a reasonable doubt. We affirm.\nBACKGROUND\nIn its indictment, the State alleged that the defendant committed home invasion and witness harassment in Peoria on September 12, 2001. The victim in both crimes was alleged to be the defendant\u2019s former wife, Delilah Russell. She was scheduled to testify in a previous case in which the defendant was charged with her battery by breaking her jaw. In the present case, the State charged the defendant with invading Russell\u2019s home and harassing her as a witness in the battery case.\nAt the trial for this case, the State called Russell as a witness, but she refused to testify. Outside the presence of the jury, the prosecutor presented an offer of proof concerning Russell\u2019s refusal to testify. Russell stated that she did not recall the events of September 12. The court then found that Russell was an unavailable witness.\nThe prosecutor resumed questioning Russell in the presence of the jury. Russell again refused to testify about the events of September 12. The court then allowed the State to offer redacted versions of Russell\u2019s hearsay testimony (1) before the grand jury in this case; and (2) in a hearing to revoke the defendant\u2019s bail in the battery case. In response to questions from the prosecutor about this prior testimony, Russell stated that she recalled testifying on those occasions, that she had testified under oath, and that she had testified truthfully. The court overruled the defendant\u2019s objection that Russell\u2019s grand jury testimony was inadmissible hearsay because it was not subject to cross-examination.\nThe prosecutor then read Russell\u2019s grand jury testimony to the jury. Russell had testified that she had an order of protection against the defendant at the time of the incident. Russell lived in a duplex apartment. At about 10 a.m. on the date in question, she went out her front door to take something to her car. As she returned, the defendant came from behind the apartment building and asked if he could talk with her. She ignored him and went back through the front door. She initially submitted that when she attempted to close the door, the defendant forced it open. Later, Russell said that the defendant did not force the door open but, rather, entered the apartment without her permission. Russell stated, \u201che was at the door before I was even at the door.\u201d She told him that she did not want him in the apartment.\nThe defendant told Russell that the police had confiscated his car because it contained blood evidence concerning the battery case. Russell said that \u201che called me a police bitch and said that if I testify against him that my testimony will be nothing because I do have a felony on my record.\u201d\nRussell repeatedly told the defendant to leave the apartment. The defendant then picked up Russell\u2019s phone. When Russell attempted to take the phone from him, the defendant punched her on the chin. An altercation ensued in which the phone landed on the floor. Russell picked up the phone to call the police. The defendant grabbed her arm and bit her hand, causing her to drop the phone. The defendant then took the phone, which Russell described as a \u201cflip phone,\u201d and \u201csnapped it in half.\u201d\nThe defendant paced the floor \u201cas if he wasn\u2019t going to let [Russell] leave.\u201d Russell said that she would have left the apartment, but felt that she could not leave her son alone with the defendant. Russell heard her neighbor, Amy Hennigh, make a \u201cthumping noise\u201d on the wall as a prearranged signal \u201cto let [Russell] know that she\u2019s there and she hears it.\u201d Then the defendant left the apartment.\nNext, the State introduced Russell\u2019s testimony from the hearing to revoke the defendant\u2019s bail in the battery case. This testimony was substantially similar to her grand jury testimony, but with the following differences:\n(1) concerning how the defendant got into the residence, Russell said, \u201cI entered into the apartment and he came in right behind me, because he was already at the door\u201d; (2) regarding the defendant striking her, she stated, \u201cwhen I reached for the phone to snatch it out of his hand, he punched me in my chin and said that I had attempted to hit him\u201d; (3) Russell testified that, \u201c[h]e told me I was a police bitch and that my credibility wasn\u2019t anything and that he could beat the case with a lawyer, [and] he could beat the case of breaking my jaw\u201d; and (4) during her bail hearing testimony, Russell did not mention that the defendant broke her phone or that he prevented her from leaving the apartment.\nNext, Hennigh testified that she was Russell\u2019s neighbor at the time of the incident. She said that she had seen the defendant on various occasions before the incident in question. At the time of the incident, Hennigh heard \u201cyelling and screaming\u201d coming from Russell\u2019s apartment. Then, \u201cit sounded like things were being pushed. It started to sound physical.\u201d Hennigh recognized the defendant\u2019s voice, but could not specifically hear what he was saying. The defendant did not object to Hennigh\u2019s statement that she recognized the defendant\u2019s voice. Hennigh said that she pounded on the wall in an attempt to intervene in the argument, as she and Russell had previously arranged.\nHennigh stated that after a few minutes, she saw Russell, the defendant, and some other people in the apartment\u2019s yard. However, she had not seen Russell and the defendant go from the apartment to the yard. Hennigh then saw everyone leave the yard.\nPeoria police officer Jeffrey Rice testified that he interviewed Russell shortly after the incident. He said that she \u201cwas very shook up, [and] acted scared.\u201d Russell told Rice that the defendant \u201cshowed up in her back yard, she didn\u2019t want to deal with him, she went inside the house, and he followed her inside the house.\u201d Russell told the defendant to get out and then he hit her.\nFrank Walter stated that he was an investigator for the Peoria County State\u2019s Attorney\u2019s office. He photographed Russell\u2019s \u201cbruised area to the left jaw chin area\u201d after the incident. He also photographed \u201can injury to the middle finger of [Russell\u2019s] hand, the knuckle area.\u201d Walter said that while photographing Russell, \u201c[h]er visible emotional state was very excited, very nervous, crying, [and] shaking.\u201d After Walter\u2019s testimony, the court took judicial notice of the previous battery case.\nDuring her closing remarks, the prosecutor made the following statements:\n\u201cHe called [Russell] a police bitch and he starts to tell her that her credibility isn\u2019t anything, that his lawyer is going to beat that charge, he\u2019s going to destroy her credibility. And why do you think he\u2019s telling her this, ladies and gentlemen, because the reason he went over there was to try to get her, the prime witness in that case, back on his side, trying to intimidate her and harass her as he had done before.\nAnd she stated to you [that] *** she\u2019s intimidated by him. She\u2019s scared of him and Lord knows she should be. He not only whacked her on that date but she stated that he had broken her jaw before.\n*** They\u2019re struggling over a phone. She\u2019s trying to call the police and he bites her hand. That\u2019s the kind of guy she\u2019s dealing with.\nAnd, ladies and gentlemen, we\u2019re lucky that she was strong enough to come in and testify on those two previous dates against this man after what he had done to her and what she had to go through with him here. ***\n}\u00a1\u00ed Jfc\nHow do you think he felt being in that car getting pulled over, the car gets seized, now he\u2019s got to walk wherever he wants to go\nSo, what is home invasion and what do I have to prove? ***\n*** [T]he defendant knowingly and without authority entered the dwelling place. ***\n*** [U]nder Illinois law *** you could find that his entry into her residence was without authority if at the time of entry into the dwelling the defendant has an intent to commit a criminal act within the dwelling, regardless of whether the defendant was initially invited into or received consent to enter the dwelling.\nIntent to commit a criminal act. Well, we have several to choose from, ladies and gentlemen. That\u2019s the luxury of Illinois law for you. Not only did he intend to go over there and commit harassment of a witness, discuss with her this pending proceeding and her testimony in it, to try to cause her emotional distress, but also he intended to violate that order of protection. With absolutely no qualms, he was going to enter into that residence and have contact with her of a harassing nature which is prohibited by that order of protection ***.\n*** [W]hen the defendant entered the dwelling place he knew or had reason to know that one or more persons were present. That\u2019s not disputed in the case, ladies and gentlemen. ***\nCount 2, harassment of a witness. His whole reason for going over there that day, ladies and gentlemen, first, that the defendant communicated directly or indirectly with Delilah Russell. Certainly he communicated directly with her. ***\nThere was certainly some direct communication, some of it was done by his fist.\n$ $ ^\n*** I have to prove all of those propositions beyond a reasonable doubt; but I ask you to recall what exactly the definition of all of those words are, \u2018beyond a reasonable doubt.\u2019 Not beyond all doubt. It doesn\u2019t say \u2018beyond a shadow of a doubt.\u2019 It says beyond a reasonable doubt and that\u2019s why you\u2019re here because you are reasonable people. You have the ability to weigh the evidence and determine what you think is reasonable and what you don\u2019t believe ***.\nUnfortunately for the defendant, while he might have succeeded today, he certainly did not succeed on those two prior occasions when Delilah had the guts to get up there and testify. She even had the guts to get up here today and tell you, yeah, I testified at those prior proceedings and, yeah, I was under oath and, yes, I told the truth, I just don\u2019t want to testify today.\nAnd so now you know all the things she\u2019s been through and can understand why she didn\u2019t want to testify today.\n*** I ask you to take control today and to show him that his efforts will not be successful, that he will not and is not the one in control, that when he commits a crime he will be held accountable just like anybody else.\u201d\nThe prosecutor stated the following during her rebuttal remarks:\n\u201cI would ask you to recall her statements as she was up on the stand today, as I recall she was asked whether she recalled testifying at these other proceedings and she said, yes, she did. Did she recall being under oath to tell the truth? Yes, she did. Did she testify truthfully? Yes, she did. That\u2019s my recollection and I would ask you to recall or check your notes or discuss it amongst yourselves.\nWe can\u2019t even begin to imagine what she\u2019s gone through and what her life is like to have ever lived with that defendant being able to find her whenever he wanted to.\u201d\nThe defendant did not object during the prosecutor\u2019s closing or rebuttal arguments. At the conclusion of the trial, the jury found the defendant guilty.\nThe defendant filed a motion for a new trial. In this motion, the defendant did not raise specific issues concerning (1) evidentiary rulings; or (2) the prosecutor\u2019s closing and rebuttal remarks. The defendant\u2019s motion stated \u201c[t]hat the defendant was denied due process and equal protection of the laws as guaranteed under the Constitution of the United States and the State of Illinois.\u201d The trial court denied the motion.\nThe court sentenced the defendant as indicated above. The defendant appeals.\nANALYSIS\nI. Evidentiary Rulings\nA. Foundation\nThe defendant contends that the State failed to establish a foundation for Hennigh\u2019s testimony that she recognized the defendant\u2019s voice.\nGenerally, a defendant must object to an error at trial and include the objection in a posttrial motion or the objection is waived on appeal. People v. Nicholas, 351 Ill. App. 3d 433, 813 N.E.2d 1057 (2004). However, \u201c[pjlain errors or defects affecting substantial rights may be noticed [by an appellate court] although they were not brought to the attention of the trial court.\u201d 134 Ill. 2d R. 615(a). We will find plain error only where (1) the evidence was closely balanced, or (2) the error so prejudiced the defendant\u2019s case that it resulted in an unfair trial. People v. Johnson, 208 Ill. 2d 53, 803 N.E.2d 405 (2003).\nA proper foundation is laid that a witness can identify a defendant\u2019s voice if the witness states how she is acquainted with the defendant\u2019s voice. People v. Harris, 17 Ill. 2d 446, 161 N.E.2d 809 (1959).\nIn the case at bar, the defendant did not object at trial to Hen-nigh\u2019s testimony that she recognized the defendant\u2019s voice. The defendant also did not raise this issue in his posttrial motion. Therefore, the issue is waived and we review it for plain error.\nThe record shows that prior to testifying that she recognized the defendant\u2019s voice, Hennigh only stated that she had seen the defendant on various occasions. However, one cannot infer from this statement that Hennigh was familiar with the defendant\u2019s voice. Thus, it was error for Hennigh to testify that she recognized the defendant\u2019s voice.\nOur discussion below concerning the sufficiency of the evidence shows that the evidence was not closely balanced. Even though it was error for Hennigh to testify that she recognized the defendant\u2019s voice, this error did not so prejudice the defendant\u2019s case that it caused an unfair trial. We rule, therefore, that it was not plain error for the trial court to allow Hennigh to testify that she recognized the .defendant\u2019s voice without a sufficient foundation for this testimony.\nB. Hearsay Grand Jury Testimony\nThe defendant submits that the trial court erred by admitting Russell\u2019s grand jury testimony because, under Crawford, it violated his sixth amendment right of confrontation.\n\u201cIn all criminal prosecutions, the accused shall enjoy the right *** to be confronted with the witnesses against him ***.\u201d U.S. Const., amend. VI. In Crawford, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354, the United States Supreme Court ruled that hearsay grand jury testimony is inadmissible because it is not subject to cross-examination.\nThe defendant contends that the standard of review for this issue is harmless error. He argues that he preserved the issue in his motion for new trial by stating that he was denied due process and equal protection. The State submits that the appropriate standard of review is plain error.\nThe Illinois Supreme Court has pointed out that in harmless error analysis, where the defendant has preserved the issue for review, the burden of persuasion is on the State. In plain error analysis, where the defendant has not preserved the issue, the burden of persuasion is on the defendant. People v. Thurow, 203 Ill. 2d 352, 786 N.E.2d 1019 (2003). Raising a general rather than a specific error in a posttrial motion results in waiver of that issue on appeal. People v. Henry, 318 Ill. App. 3d 83, 742 N.E.2d 893 (2001).\nIn the present defendant\u2019s motion for new trial, he only raised the general issues of due process and equal protection violations. He did not specifically mention a violation of his right of confrontation. Because he raised two general objections rather than a specific objection, this issue was not properly preserved. See Henry, 318 Ill. App. 3d 83, 742 N.E.2d 893. Thus, we rule that the standard of review is plain error, for which the defendant has the burden of persuasion. See Thurow, 203 Ill. 2d 352, 786 N.E.2d 1019.\nIn the present case, the trial court erred by admitting Russell\u2019s grand jury testimony under Crawford. However, as we discuss below, the evidence in this case was not closely balanced.\nFurthermore, admission of this testimony did not prejudice the defendant\u2019s case. The defendant contends that his case was prejudiced because of the differences between Russell\u2019s grand jury testimony and her bail hearing testimony. However, Russell\u2019s admissible bail hearing testimony was substantially similar to the grand jury testimony. The differences between the two versions of Russell\u2019s testimony did not create an unfair trial. Therefore, we hold that the trial court\u2019s admission of Russell\u2019s grand jury testimony was not plain error.\nII. Prosecutor\u2019s Closing and Rebuttal Remarks The defendant did not object during the prosecutor\u2019s closing and rebuttal remarks. He also did not raise issues concerning these remarks during his posttrial motion. Thus, these issues are waived. See Nicholas, 351 Ill. App. 3d 433, 813 N.E.2d 1057. Consequently, we review these issues for plain error. See Johnson, 208 Ill. 2d 53, 803 N.E.2d 405.\nA. Vouching for the Veracity of a Witness\nThe defendant claims that in her closing and rebuttal remarks the prosecutor improperly vouched for Russell\u2019s veracity. Specifically, he argues that it was error for the prosecutor (1) to tell the jurors they were \u201clucky\u201d that Russell came in to testify; (2) to commend Russell for having the \u201cguts\u201d to testify; and (3) to state that Russell was telling the truth.\nThe defendant relies upon People v. Valdery, 65 Ill. App. 3d 375, 381 N.E.2d 1217 (1978), in which the prosecutor vouched for the integrity and character of witnesses in his remarks to the jury. He also told the jury that the witnesses exhibited a high level of responsibility by coming forward to testify.\nThe Valdery court held that these remarks prejudiced the defendant\u2019s case because the State\u2019s Attorney\u2019s office was placing its integrity behind the credibility of the witnesses. The appellate court reversed the defendant\u2019s convictions and remanded for a new trial on the basis of these and other improper comments from the prosecutor.\nNonetheless, a prosecutor\u2019s comments must be taken in their entirety and placed in context. People v. Logan, 352 Ill. App. 3d 73, 815 N.E.2d 830 (2004). The court in People v. Medrano, 271 Ill. App. 3d 97, 648 N.E.2d 218 (1995), held that it was proper for a prosecutor to state that witnesses had the courage to come forward and to testify truthfully under oath. In People v. Pope, 284 Ill. App. 3d 695, 672 N.E.2d 1321 (1996), the court found no error where the prosecutor said that witnesses were \u201cheroes\u201d for testifying.\nIn the present case, the prosecutor\u2019s comments must be taken in their entirety and placed in context. The prosecutor said that Russell had \u201cguts\u201d to testify on previous occasions and at trial. This comment was analogous to the prosecutors\u2019 comments in Medrano and Pope.\nThe prosecutor stated that \u201cwe\u2019re lucky\u201d Russell was \u201cstrong enough\u201d to testify on two previous occasions. Taken in context, the \u201cwe\u201d to which the prosecutor was referring was not specifically \u201cthe State.\u201d Thus, the prosecutor was not placing the integrity of the State\u2019s Attorney\u2019s office behind the credibility of Russell as a witness. See Valdery, 65 Ill. App. 3d 375, 381 N.E.2d 1217.\nFinally, taken in context, the prosecutor did not state that Russell testified truthfully. The prosecutor was not vouching for Russell\u2019s veracity as a witness but, rather, was recalling specific portions of Russell\u2019s testimony for the jury.\nWe rule that the prosecutor did not vouch for Russell\u2019s veracity as a witness during her closing and rebuttal comments. Therefore, there was no error, much less plain error, in the above comments during the prosecutor\u2019s closing and rebuttal remarks.\nB. Implying the Defendant Committed Other Crimes\nThe defendant submits that the following three comments by the prosecutor improperly implied that the defendant had committed other crimes: (1) \u201ctrying to intimidate her and harass her as he had done before\u201d; (2) \u201cthat when he commits a crime he will be held accountable like anybody else\u201d; and (3) \u201c[w]e can\u2019t even begin to imagine what she\u2019s gone through and what her life is like to have ever lived with that defendant being able to find her whenever he wanted to.\u201d\nThe defendant relies upon Valdery, 65 Ill. App. 3d 375, 381 N.E.2d 1217, for the proposition that a prosecutor cannot imply that a defendant committed other crimes when that fact is not supported by the record or is not relevant to the present case.\nHowever, a prosecutor has great latitude in closing and rebuttal arguments. People v. Kliner, 185 Ill. 2d 81, 705 N.E.2d 850 (1998). The prosecutor may draw legitimate inferences from the evidence. People v. Simms, 192 Ill. 2d 348, 736 N.E.2d 1092 (2000).\nEvidence that a defendant committed other crimes is admissible to prove any material issue other than whether the defendant has a propensity to commit crimes. It is not reversible error to erroneously admit evidence of other crimes if its admission did not deny the defendant a fair trial. Kliner, 185 Ill. 2d 81, 705 N.E.2d 850.\nThe first comment cited by the defendant in this case concerned the prosecutor\u2019s statement that the defendant had intimidated and harassed Russell on a previous occasion. This comment referred to the events involving the battery case, which was the underlying case for which Russell was scheduled to be a witness. The defendant was charged with harassing Russell as a witness in the battery case. Thus, the prosecutor\u2019s comments about the underlying battery case were supported by the record and relevant to the present witness harassment case. See Valdery, 65 Ill. App. 3d 375, 381 N.E.2d 1217. Even if it was improper for the prosecutor to comment that the battery case involved intimidation and harassment, these comments did not deny the defendant a fair trial. See Kliner, 185 Ill. 2d 81, 705 N.E.2d 850.\nThe second comment concerned holding the defendant accountable for his actions. This comment must be taken in context. See Logan, 352 Ill. App. 3d 73, 815 N.E.2d 830. The prosecutor did not ask the jury to hold the defendant responsible for the commission of other crimes. She asked the jury to hold the defendant responsible for committing the crimes charged in the present case.\nThe third comment concerned Russell\u2019s life with the defendant. This comment did not imply that the defendant had committed other crimes. This comment was a reasonable inference from Hennigh\u2019s testimony that she had seen the defendant at Russell\u2019s home on many previous occasions and, therefore, he could \u201cfind [Russell] whenever he wanted to.\u201d See Kliner, 185 Ill. 2d 81, 705 N.E.2d 850. This fact was relevant to both of the crimes charged in this case. See Valdery, 65 Ill. App. 3d 375, 381 N.E.2d 1217.\nIn summary, therefore, we rule that the prosecutor\u2019s comments either did not imply that the defendant committed other crimes or were not plain error.\nC. Defining \u201cReasonable Doubt\u201d\nThe defendant argues that the prosecutor improperly defined the State\u2019s \u201creasonable doubt\u201d burden of proof for the jury. The defendant relies upon People v. Smothers, 55 Ill. 2d 172, 302 N.E.2d 324 (1973), People v. Johnson, 102 Ill. App. 3d 122, 429 N.E.2d 905 (1981), and People v. Speight, 153 Ill. 2d 365, 606 N.E.2d 1174 (1992), for this proposition. However, these cases are not helpful to the defendant.\nIn both Smothers and Johnson, the courts\u2019 rulings did not concern a prosecutor\u2019s attempt to define \u201creasonable doubt.\u201d Thus, the holdings of these cases are inapposite to the present case.\nWhile the holding of Speight is on point, it does not help the defendant. The Speight court stated that neither the court nor the parties should attempt to define the reasonable doubt standard for the jury. However, such an attempt is reversible error only if it causes a defendant substantial prejudice. Examples of comments that cause substantial prejudice include the prosecutor (1) suggesting that the State has no burden of proof or attempting to shift that burden to the defendant; (2) reducing the State\u2019s burden of proof to a pro forma or minor detail; or (3) giving an involved instruction on reasonable doubt to the jury. Speight, 153 Ill. 2d 365, 606 N.E.2d 1174.\nIn the present case, the prosecutor gave the jury a brief definition of the term \u201creasonable doubt.\u201d Under Speight, these comments were improper. However, the prosecutor\u2019s statements did not rise to the level of reversible or plain error.\nIn this case, the prosecutor\u2019s comments did not (1) suggest that the State had no burden of proof or attempt to shift that burden to the defendant; (2) reduce the State\u2019s burden of proof to a pro forma or minor detail; or (3) amount to involved instructions on reasonable doubt. Under Speight, the prosecutor\u2019s comments in this case were not substantially prejudicial to the defendant. Therefore, we rule that the prosecutor\u2019s attempt to define \u201creasonable doubt\u201d was improper, but was not plain error.\nD. Cumulative Error\nThe defendant submits that several of the prosecutor\u2019s closing and rebuttal comments amounted to cumulative error. In addition to reiterating or raising new arguments about some comments previously discussed, the defendant takes issue with a number of other comments made by the prosecutor.\nThe defendant contends that the following statements mischaracterized the evidence: (1) \u201c[a]nd why do you think he\u2019s telling her this, ladies and gentlemen, because the reason he went over there was to try to get her, the prime witness in that case back on his side, trying to intimidate her and harass her as he had done before\u201d; (2) \u201cshe\u2019s intimidated by him. She\u2019s scared of him and Lord knows she should be. He not only whacked her on that date but she stated that he had broken her jaw before\u201d; (3) \u201c[tjhat\u2019s the kind of guy she\u2019s dealing with\u201d; and (4) \u201cwhen the defendant entered the dwelling place he knew or had reason to know that one or more persons were present. That\u2019s not disputed in the case, ladies and gentlemen.\u201d\nThe defendant submits that the following statement was a discussion of his state of mind that was unsupported by the evidence and was an attempt to lessen the State\u2019s burden of proof:\n\u201cIntent to commit a criminal act. Well, we have several to choose from, ladies and gentlemen. That\u2019s the luxury of Illinois law for you. Not only did he intend to go over there and commit harassment of a witness, discuss with her this pending proceeding and her testimony in it, to try to cause her emotional distress, but also he intended to violate that order of protection. With absolutely no qualms, he was going to enter into that residence and have contact with her of a harassing nature which is prohibited by that order of protection ***.\u201d\nThe defendant argues that the following statement invited the jury to speculate concerning facts not in evidence: \u201c[w]e can\u2019t even begin to imagine what she\u2019s gone through and what her life is like to have ever lived with that defendant being able to find her whenever he wanted to.\u201d He claims that the following remark was irrelevant, derogatory, and an attempt to assassinate the defendant\u2019s character: \u201chow do you think [the defendant] felt being in that car getting pulled over, the car gets seized, now he\u2019s got to walk wherever he wants to go.\u201d The defendant submits that the following comment was offered to incite the jury: \u201c[t]here was certainly some direct communication, some of it was done by his fist.\u201d\nThe defendant contends that the prosecutor improperly attempted to create an empathetic bond between the jury and Russell with the following remark:\n\u201cUnfortunately for the defendant, while he might have succeeded today, he certainly did not succeed on those two prior occasions when Delilah had the guts to get up there and testify. She even had the guts to get up here today and tell you, yeah, I testified at those prior proceedings and, yeah, I was under oath and, yes, I told the truth, I just don\u2019t want to testify today.\nAnd so now you know all the things she\u2019s been through and can understand why she didn\u2019t want to testify today.\u201d\nThe defendant reiterates his argument concerning the prosecutor\u2019s attempt to vouch for Russell\u2019s credibility. And, finally, the defendant submits that the prosecutor improperly asked the jury to send a message to the defendant and the community with the following comment: \u201cI ask you to take control today and to show him that his efforts will not be successful, that he will not and is not the one in control, that when he commits a crime he will be held accountable just like anybody else.\u201d\nAn appellate court\u2019s resolution of the argument that the cumulative effect of various trial errors warrants reversal depends upon the court\u2019s evaluation of the individual errors. If the alleged errors do not amount to reversible error on any individual issue, generally there is no cumulative error. People v. Doyle, 328 Ill. App. 3d 1, 765 N.E.2d 85 (2002). However, where errors are not individually considered sufficiently egregious for an appellate court to grant the defendant a new trial, but the errors, nevertheless, create a pervasive pattern of unfair prejudice to the defendant\u2019s case, a new trial may be granted on the ground of cumulative error. People v. Blue, 189 Ill. 2d 99, 724 N.E.2d 920 (2000).\nIn this case, most of the prosecutor\u2019s contested statements were not error. The statements that were improper did not create a pervasive pattern of unfair prejudice to the defendant\u2019s case.\nThe prosecutor was drawing a reasonable inference concerning an element of witness harassment by stating that the defendant went to Russell\u2019s home to intimidate her and harass her, and that Russell was scared of the defendant. As we stated above, it was not reversible error for the prosecutor to say that the battery case involved intimidation and harassment. Furthermore, the statement that Russell said the defendant broke her jaw was a reasonable inference from Russell\u2019s reference to \u201cthe case of breaking my jaw.\u201d\nThe prosecutor\u2019s statement concerning \u201cthe kind of guy [Russell was] dealing with\u201d was a fair inference from the evidence. This statement referred to \u201cthe kind of guy\u201d who bit Russell\u2019s hand during the struggle for the phone.\nThe prosecutor did not misstate the evidence by saying that the defendant knew someone was in the dwelling. It was rational to infer from Russell\u2019s testimony that the defendant knew Russell was in the dwelling. Additionally, the defendant argues that it was error for the prosecutor to say that this fact was undisputed when the defendant did not offer any evidence. Even though the prosecutor should have said that this fact was proved beyond a reasonable doubt, this error was not so prejudicial that it caused an unfair trial.\nThe prosecutor\u2019s statement concerning \u201cintent to commit a criminal act\u201d must be taken in context. This comment was a rational inference about one of the elements of home invasion. The element concerns entering the dwelling of another \u201cwithout authority.\u201d See 720 ILCS 5/12 \u2014 11(a)(2) (West 2000). Case law states that one who enters with intent to commit a criminal act enters without authority. See People v. Bush, 157 Ill. 2d 248, 623 N.E.2d 1361 (1993). Therefore, this statement was not error.\nWe have already stated that the prosecutor\u2019s remark concerning imagining what Russell had gone through and what her life was like was proper insofar as it did not suggest that the defendant committed other crimes. However, the comment was improper to the extent that it caused the jury to speculate about other facts not in evidence and to empathize with the victim. Nonetheless, this comment was not so prejudicial that it created an unfair trial.\nThe prosecutor\u2019s comment about how the defendant felt after the seizure of his car was a fair inference from the evidence. This comment concerned the defendant\u2019s motive for committing the crimes charged in this case.\nThe prosecutor\u2019s statement that the defendant communicated by his fist was improper. However, this comment did not create an unfair trial.\nWe ruled above that the prosecutor\u2019s remark concerning Russell having \u201cguts\u201d was not improper. Her comments about Russell not wanting to testify were improper, but did not deny the defendant a fair trial.\nWe also held above that the prosecutor did not vouch for Russell\u2019s veracity as a witness. Thus, we need not address this part of the defendant\u2019s cumulative error argument.\nFinally, the prosecutor neither stated nor implied that the jury should send a message to the defendant and the community. As we discussed above, the prosecutor merely asked the jury to hold the defendant accountable for his actions in the crimes charged in this case.\nIn summary, most of the prosecutor\u2019s closing and rebuttal statements cited by the defendant were not error. A few of the comments were improper, but these comments neither individually nor cumulatively created an unfair trial for the defendant. Therefore, we hold that there was no cumulative error.\nIII. Sufficiency of the Evidence\nThe defendant contends that the State failed to prove the elements of home invasion and witness harassment beyond a reasonable doubt. Specifically, he submits that the State offered no direct evidence of the crimes.\n\u201c(a) A person *** commits home invasion when without authority he *** knowingly enters the dwelling place of another when he *** knows *** that one or more persons is present *** and\n(2) Intentionally causes any injury *** to any person *** within such dwelling placet.]\u201d 720 ILCS 5/12 \u2014 11(a)(2) (West 2000).\nA person commits witness harassment if he, \u201cwith intent to harass or annoy one who *** (2) *** may be expected to serve as a witness in a pending legal proceeding, because of the *** potential testimony of the witness, communicates directly *** with the *** witness *** in such manner as to produce mental anguish or emotional distress or who conveys a threat of injury *** to the *** witness.\u201d 720 ILCS 5/32 \u2014 4a(a)(2) (West 2000).\nWhen analyzing the sufficiency of the evidence, we review the evidence in the light most favorable to the prosecution and consider whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Barham, 337 Ill. App. 3d 1121, 788 N.E.2d 297 (2003). The trier of fact is allowed to make all reasonable inferences from the evidence. People v. Nitz, 143 Ill. 2d 82, 572 N.E.2d 895 (1991). Guilt also may be shown by circumstantial evidence. People v. Adams, 109 Ill. 2d 102, 485 N.E.2d 339 (1985). The reviewing court applies the same standard whether the evidence is direct or circumstantial. People v. Pryor, 282 Ill. App. 3d 92, 668 N.E.2d 1090 (1996).\nConcerning the home invasion charge, a reasonable jury could have found beyond a reasonable doubt that the defendant did not have authority to enter Russell\u2019s home. In fact, he was under a court order of protection to have no contact with Russell. The defendant knowingly entered Russell\u2019s home, knowing that she was present in the home. Russell\u2019s testimony showed that the defendant intentionally injured her. A jury also reasonably could have inferred from the evidence that Russell\u2019s injuries were intentionally caused by the defendant.\nRegarding the witness harassment charge, a rational jury could have found that the evidence showed beyond a reasonable doubt that the defendant went to Russell\u2019s home with the intent to harass or annoy her. Russell was expected to serve as a witness in the defendant\u2019s pending battery case. The defendant communicated directly with Russell because of her pending testimony in that case. The testimony of Kice and Walter showed that the defendant\u2019s communication with Russell caused her mental anguish and emotional distress. A jury also reasonably could have inferred from Hennigh\u2019s testimony that the argument between the defendant and Russell caused Russell anguish and distress. Furthermore, a rational jury could have deduced that the defendant not only conveyed a threat of injury to Russell but, moreover, he injured her in fact,\nTaking the evidence in the light most favorable to the prosecution, we conclude that the State did not fail to prove the elements of home invasion and witness harassment beyond a reasonable doubt.\nCONCLUSION\nFor the foregoing reasons, we affirm the Peoria County circuit court\u2019s judgment convicting the defendant of home invasion and witness harassment.\nAffirmed.\nSCHMIDT and BARRY, JJ., concur.", "type": "majority", "author": "JUSTICE HOLDRIDGE" } ], "attorneys": [ "Robert C. Lucenti, of Chicago, for appellant.", "Kevin W. Lyons, State\u2019s Attorney, of Peoria (Lawrence M. Bauer and Robert M. Hansen, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER HOWELL, Defendant-Appellant.\nThird District\nNo. 3\u201402\u20140643\nOpinion filed June 14, 2005.\nRobert C. Lucenti, of Chicago, for appellant.\nKevin W. Lyons, State\u2019s Attorney, of Peoria (Lawrence M. Bauer and Robert M. Hansen, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0512-01", "first_page_order": 530, "last_page_order": 547 }