People v. Ortega

942 N.E.2d 210 (2010)

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Nature of the Case

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Facts

Complainant, a 25-year-old man, initially asked D to purchase marijuana for him, complainant testified that D and another man escorted him, at gunpoint, to a nearby building where they forced him to smoke crack cocaine from a glass pipe. The men also allegedly forced him to give them the PIN numbers for his bank cards. Complainant was allegedly forced to withdraw money from his bank accounts on several occasions over the course of the morning. Complainant was taken back to the nearby building and was again forced to smoke crack between the additional trips to obtain cash. Complainant escaped and was taken to the hospital, where he told medical staff that he 'was forced to smoke [a] white substance from [a] pipe.' D was arrested after being pulled over for an unrelated traffic offense. He was in possession of a small amount of crack, as well as Complainant's bank cards, identification cards, and cell phone. D claimed that Complainant voluntarily smoked crack with him and that Complainant withdrew the money from his bank accounts of his own volition. Defendant also explained that Complainant had willingly handed over his personal property and left it in D's possession. The complainant's hospital records, including the note about being forced to smoke a white substance, were admitted as evidence under the business-records exception. D was convicted and appealed. The appeals court affirmed. D appealed.