United States v. Wiley

492 F.2d 547 (1974)

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Nature of the Case

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Facts

Twelve-year-old Maxine Lewis went to meet a friend, Sandra Wiggins. She was invited inside the apartment by D's girlfriend, Delores Smith. She encountered Eugene Cunningham, a friend of another woman who also lived in the apartment. Miss Lewis testified that Cunningham came and sat next to her. He 'started feeling all over me and I try to get away from him, but I couldn't.' Miss Smith went to a bedroom in the back of the apartment and returned with D, who looked as though he had been sleeping. Miss Lewis testified that D grabbed her by the legs while Cunningham was choking her. They dragged her into the bedroom, closed the door, put a dresser across it, and threw her on the bed. Cunningham held her in a choking grip and D held her legs and pulled her clothes off. She testified that Cunningham then 'had sex with me.' Then, 'David had sex with me.' On closer questioning, Miss Lewis stated that the penis of each man had penetrated her and that each ejaculated. As soon as D and Cunningham freed her, she went to the bathroom to 'fix [herself] up,' then ran out of the apartment, leaving her coat behind. She found a telephone booth to call the police but saw D and Cunningham approaching. She hung up the telephone and fled. Shortly afterward she noticed a police officer on a scooter talking to some people, but she was too embarrassed to approach him and continued on her way. She finally managed to call the police from a public telephone at 4th and U Streets, N.W. When Officers Dye and Kraigler responded to her call, Miss Lewis told these officers that she had been raped by D and Cunningham. Prior to the incident had seen D four or five times before the day of the assault, and he had 'never said nothing to me out of the way.' She stated that she had never dated D or Cunningham and had only spoken a few words to either. Officer James Gordon, the police officer on the scooter, stated that on March 17 he was about two blocks from 240 W Street, N.W., when he noticed Miss Lewis. He said: I observed a young lady coming off the intersection of 4th and Elm Streets, appeared to be crying. I noticed it was cold and she didn't have a coat, blouse was deranged on her, so I took notice of her and I think she took notice of me, so I made no effort to see what the problem was, she didn't come over. Minutes later, Officer Gordon heard a radio run to check for a possible criminal assault at 4th and U Streets; he went around the corner to check the report and talked to Miss Lewis. She pointed down the street toward the alleged suspects. Officer Gordon then passed the two men whom Miss Lewis later identified as D and Cunningham. D give a completely different version of the events and denied doing anything to Miss Lewis. D was indicted, and Cunningham had fled the jurisdiction. No medical testimony was introduced at trial. D moved for a judgment of acquittal on the indictment on the ground that there was insufficient corroboration of the complainant's testimony. The jury returned a verdict of guilty. After the trial court denied a motion for acquittal n.o.v. or for a new trial, D appealed.